Monitor Advocates conduct monitoring at local, state, regional, and national levels. To monitor the provision of services and ensure that services are provided to MSFWs on a basis that is qualitatively equivalent and quantitatively proportionate to all other job seekers, the Monitor Advocate System: (1) tracks equity indicators and minimum service level indicators (20 CFR 653.109(g)-(h)); (2) conducts site visits, on-site reviews, and field checks to working and living areas of migrant and seasonal farmworkers (MSFWs); and 3) reviews quarterly data reports, outreach logs, annual summaries, and Agricultural Outreach Plans.
Each state workforce agency (SWA) operates an outreach program dedicated to locating and contacting MSFWs who are not being reached by the normal intake activities conducted by the local offices (20 CFR 653.107). The objectives of the outreach program are: to contact MSFWs where they work, live, or gather and inform them of the full range of employment and training services available at American Job Centers; explain to MSFWs the availability of the Complaint System; and provide supportive services and referrals to other service providers on an as-needed basis. Outreach workers also work with agricultural employers to advise them about the availability of the Agricultural Recruitment System for U.S. workers and to provide compliance assistance where appropriate. To realize these objectives, it is important that outreach workers make themselves visible in their communities, and establish and maintain strong working relationships with MSFWs and agricultural employers.
Agricultural Recruitment System
The Agricultural Recruitment System (ARS) helps agricultural employers recruit qualified U.S. workers (workers) on a temporary or seasonal basis, and provides workers seeking temporary agricultural employment with opportunities for such employment (see 20 CFR 653 Subpart F). Through the ARS, SWAs can recruit and refer qualified U.S. workers from within a state and from other states when they anticipate that there are less temporary agricultural workers available than needed in the local area. ARS helps agricultural employers meet temporary and seasonal labor needs by matching U.S. job seekers with agricultural jobs.
The Employment Service and Employment-Related Law Complaint System (Complaint System) handles complaints involving failure to comply with Wagner-Peyser Employment Service (ES) regulations under 20 CFR Parts 651, 652, 653, and 654, and complaints against an employer about the specific job to which the applicant was referred through the ES. The Complaint System also accepts, refers, and, under certain circumstances, tracks complaints involving employment-related laws as defined at 20 CFR 651.10.
The Complaint System also involves an Apparent Violation process: if a SWA, ES office employee, or outreach worker, observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment-related laws or ES regulations by an employer, the employee must document the suspected violation and refer this information to the ES office manager. If the employer has filed a job order with the ES office within the past 12 months, the ES office must attempt informal resolution provided at 20 CFR 658.411. If the employer has not filed a job order with the ES office during the past 12 months, the suspected violation of an employment-related law must be referred to the appropriate enforcement agency in writing.