Wagner-Peyser Act Staffing Final Rule

On November 24, 2023, U.S. Department of Labor (DOL) released a final rule that all Wagner-Peyser Act Employment Services (ES) must be provided by State merit staff, excluding three states: Colorado, Massachusetts, and Michigan to continue administering ES services using alternative staffing models as they have for decades. Additionally, DOL revised the ES regulations to strengthen the provision of services to migrant or seasonal farmworkers (MSFWs) and to enhance the protections afforded by the Monitor Advocate System and the ES and Employment-Related Law Complaint System (Complaint System).

For more information, see Training and Employment Notice No. 10-23 which provides a summary of the changes.

About Wagner-Peyser

The Wagner-Peyser Act of 1933, amended by the Workforce Innovation and Opportunity Act (WIOA), establishes a nationwide system of public employment offices, known as the Employment Service (ES). ES is a required partner under the WIOA American Job Center (AJC) network, providing labor exchange services to all job seekers and helping businesses to meet their hiring needs by referring qualified workers. The Employment Service under WIOA builds upon the previous workforce reforms, requires colocation of the Employment Service offices into the nearly 2,400 American Job Centers nationwide, and aligns performance accountability indicators with other federal workforce programs.

ES services are delivered through the AJC network and are designed to increase employment opportunities for all workers and meet the needs of businesses for work-ready job seekers. One of the primary goals of ES is to ensure that job seekers and employers have universal access to basic labor exchange services.

Information on these programs, including how to access them locally through an American Job Center, please visit the Career One-Stop website or call ETA's toll-free help line at 1-877-US-2JOBS (TTY: 1-877-872-5627). Services are designed to meet local needs and may vary from state to state. Some services have eligibility requirements; be sure to check with your local American Job Center for details.

The Monitor Advocate System is a federal/state monitoring system that ensures migrant and seasonal farmworkers have equitable access to career services, skill development, and workforce protections so they may improve their living and working conditions. Learn more about the Monitor Advocate System.

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