WorkFlex Waiver Authority
The Workforce Innovation and Opportunity Act (WIOA) Section 190 and 20 CFR 679.630 provides the Secretary of Labor with Workforce Flexibility (WorkFlex) authority to give greater flexibility to states and local areas in the design and implementation of workforce investment programs under WIOA.
A Governor may submit a WorkFlex plan to the Secretary of Labor at any time and may be submitted as part of a state’s Strategic State Plan. The Secretary may grant WorkFlex waiver authority to a Governor for a period of up to 5 years. Once the WorkFlex waiver authority has been granted, the Governor can approve waivers for local areas without having to come back to the Secretary for permission.
With an approved WorkFlex plan, governors are granted the authority to approve requests submitted by their local areas to waive certain statutory and regulatory provisions of WIOA Title I programs. States may request waivers from the Secretary of certain requirements of the Wagner-Peyser Act (Sections 8-10) as well as certain provisions of the Older American Act of 1965 (OAA) (42 U.S.C. 305d(b)) for state agencies on aging with respect to activities carried out using funds allotted under OAA section 506(b). Approved WorkFlex plans require a State to demonstrate that it has met the agreed-upon outcomes contained in its WorkFlex plan. States with an approved WorkFlex plan must submit to DOL a quarterly report.
Further information on developing a WorkFlex plan submission
Workflex and Waiver Authority Side by Side
Workflex Required Elements to Request and Quarterly Report Requirements