(a) (1) The types of complaints (JS related complaints) which shall
be handled to resolution by the JS complaint system are as follows: (i)
Complaints against an employer about the specific job to which the
applicant was referred by the JS involving violations of the terms and
conditions of the job order or employment-related law (employer-related
complaint) and (ii) complaints about Job Service actions or omissions
under JS regulations (agency-related complaints). These complaint
procedures are not applicable to UI, WIN or CETA complaints. Complaints
alleging violations of UI, WIN or CETA regulations should be handled
within the procedures set forth in the respective regulations.
(2) A complaint shall be handled to resolution by these regulations
only if it is made within one year of the alleged occurrence.
(b) Complaints by veterans alleging employer violations of the
mandatory listing requirements under 38 U.S.C. 2012 shall not be handled
under this subpart. The State agency shall handle such complaints under
the Department's regulations at 41 CFR part 60-250.
(c) Complaints from MSFWs alleging violations of employment-related
laws enforced by ESA or OSHA shall be taken in writing by the State
agency and the ETA regional office and referred to ESA or OSHA pursuant
to the procedures set forth in Secs. 658.414 and 658.422. All other
complaints alleging violations of employment-related Federal, State or
local laws other than JS regulations by employers, their agents, or DOL
subagencies other than JS (non-JS related complaints) shall be logged by
the State agency and the ETA regional office and the complainant shall
be referred to the appropriate agency pursuant to procedures set forth
in Secs. 658.414 and 658.422.
(d) Certain types of complaints, such as, but not limited to,
complaints by MSFWs, and complaints alleging unlawful discrimination,
shall, as set forth in this subpart, be handled by specified officials
of the State agency or of ETA.
State Agency JS Complaint System
