Announcement

The following two final rules affect the Wagner-Peyser Act Employment Service (ES), including ES services that State Workforce Agencies (SWAs) provide to migrant and seasonal farmworkers (MSFW).

  • Improving Protections for Workers in Temporary Agricultural Employment in the United States Final Rule (“Farmworker Protection Rule”), 89 FR 33898, April 29, 2024. This final rule revises the ES regulations at 20 CFR parts 651, 653, and 658, which relate to the Agricultural Recruitment System and the situations where SWAs discontinue providing ES services to employers. States and employers must comply with the ES-related changes in this final rule on the effective date, which is June 28, 2024. For more information, see Training and Employment Notice No. 27-23 and the Department’s Farmworker Protection Final Rule webpage.
  • Wagner-Peyser Act Staffing Final Rule, 88 FR 82658, November 24, 2023. The final rule requires states to use state merit staff to provide ES services, including ES services to MSFWs. The final rule also makes changes to 20 CFR parts 651, 652, 653, 654, and 658 to strengthen ES services that states provide to MSFWs and to enhance worker protections. For more information, see Training and Employment Notice No. 10-23 and a webcast on WorkforceGPS, which provide a summary of the changes.

Employment Service and Employment-Related Law Complaint System

Information for Complainants

Individuals, employers, organizations, associations, and other entities can file complaints through American Job Centers about:

  • Employment Services provided by a State Workforce Agency or Employment Service office (one-stop center or American Job Center), or
  • Employers involving employment-related laws.

Note, the Employment Service and Employment-Related Law Complaint System does not cover complaints alleging violations under the Unemployment Insurance program, the Workforce Innovation and Opportunity Act (WIOA) title I programs, or complaints by veterans alleging employer violations of the mandatory listing requirements under 38 U.S.C. 4212. However, American Job Centers can help direct you to find information about how to file complaints involving those topics.

Who can file a complaint?

Individuals (farmworkers and non-farmworkers), employers, organizations, associations, and other entities can file complaints. A complainant may also designate an individual to act as their representative.

How to file a complaint

  1. Complete Form ETA-8429: Complaint/Apparent Violation Form (Microsoft Word) (PDF)
  2. Submit it to your local American Job Center.
  3. If you have concerns about a state’s Complaint System, please contact the appropriate State Monitor Advocate.

What can I complaint about?

You can file a complaint involving any of the following:

  • Employment Services provided by a State Workforce Agency or Employment Service office (one-stop center or American Job Center). For example, a jobseeker may file a complaint about an experience seeking job information, job referral services, or any other Employment Service through an American Job Center and an employer may file a complaint about an experience seeking to recruit employees through the Employment Service.
  • Employers involving employment-related laws. For example, a job seeker or their representative may file a complaint about violations of employment-related laws governing wages; working hours; workplace crimes; wrongful termination; contract compliance; employer-provided transportation or housing; child labor; pesticides; health/safety; discrimination; trafficking in persons; sexual harassment/coercion/assault; or other employment-related issues.

American Job Centers can also help individuals to find other employment, training, and supportive services to obtain food, shelter, clothing, and other necessities.

Protections for Complainants: If you make a complaint or give information related to, or assist in, an investigation of a complaint, your identity will be kept confidential to the fullest extent possible under current law and as necessary to determine the complaint fairly. Federal laws prohibit employers from retaliating (taking negative actions) against employees who report employment-related complaints. If you experience retaliation from an employer, notify an American Job Center complaint representative.

Rights and Resources

Farmworkers have rights and access to supportive resources, regardless of immigration status. More information is available at Migrantworker.gov and Worker.gov.

Complainants may also file complaints involving employment-related laws directly with state and Federal enforcement agencies, like the United States Wage and Hour Division, the Occupational Safety and Health Administration (OSHA), and the Environmental Protection Agency (EPA) Agricultural Worker Protection Standard (Pesticide Safety and Health), among other agencies.

Information for State Workforce Agencies

Complaint System Posters

Each American Job Center must prominently display the ETA-approved Complaint System posters pursuant to Training Employment Notice 8-23.

Agricultural Clearance Order Forms

Employers submitting non-criteria (not connected to H-2A applications) intrastate or interstate clearance orders seeking workers to perform farmwork on a temporary, less than year-round basis through the Agricultural Recruitment System must complete Forms ETA-790 and ETA-790B, including all applicable addenda.

Employers placing criteria clearance orders (connected to H-2A applications) must complete Forms ETA-790 and ETA-790A, and all applicable addenda, which are available on OFLC’s forms page.

Employers should contact their local American Job Center for help creating agricultural clearance orders.

Additional Federal Resources

Additional resources for the National Monitor Advocate System are available on the WorkforceGPS Agricultural Connection Community.