Section 190 of the Workforce Investment and Opportunity Act, (P.L. 113-128, July 22, 2014) permits states to apply for five-year workflex waiver authority to implement reforms to their workforce investment systems in exchange for program improvements. Under workflex, 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, certain requirements of the Wagner-Peyser Act (Sections 8-10) and the Older Americans Act of 1965. The Secretary may only grant workflex authority upon consideration and approval of a workflex plan submitted by a state. WIOA regulations at 20 CFR 679.630 describe the conditions under which a state may submit a workflex plan, and 679.640(b) requires a State to demonstrate that it has met agreed-upon outcomes if it is granted an approved workflex plan. This can be demonstrated by describing how waivers and workflex are used in the WIOA Annual Statewide Performance Report Narrative, as described in Training and Employment Guidance Letter (TEGL) No. 05-18, "WIOA Annual Statewide Performance Report Narrative".
How to Apply
Workflex Plan Instructions
States requesting designation as a workflex state under WIOA Section 190 and 20 CFR 679.630(b) must submit to the Department of Labor, Employment and Training Administration, a workflex plan which includes descriptions of:
- The process by which local areas in the state may submit and obtain state approval of applications for waivers of requirements under title I of WIOA;
- A description of the criteria the state will use to approve local area waiver requests and how such requests support implementation of the goals identified in the State Plan;
- The statutory and regulatory requirements of title I of WIOA that are likely to be waived by the state under the workforce flexibility plan;
- The statutory and regulatory requirements of sections 8 through 10 of the Wagner-Peyser Act that are proposed for waiver, if any;
- The statutory and regulatory requirements of the Older Americans Act that are proposed for waiver, if any;
- The outcomes to be achieved by the waivers described in 20 CFR 679.630(b)(1) through (5) including, where appropriate, revisions to adjusted levels of performance included in the WIOA State or Local Plan under title I of WIOA, and a description of the data or other information the state will use to track and assess outcomes; and
- The measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers.
Quarterly Report Template
For approved workflex plans, WIOA regulations at 20 CFR 679.640(b) require a state to demonstrate that it has met agreed-upon outcomes contained in its workflex plan. This can be demonstrated by describing how waivers and workflex are used. States with an approved workflex plan should submit a quarterly report containing the following information:
- Waiver (assigned by State)
- Regulation/Statue affected
- Date received
- Date granted
- Local area(s) requesting waiver
- Purpose and goals of each waiver, proposed outcomes, and outcomes to date
- State-imposed conditions of waiver use, as appropriate
States that have an approved workflex plan in place should submit the quarterly report to WIOA.PLAN@dol.gov with a copy to the appropriate Regional Administrator within 30 days of the end of the quarter, e.g. by April 30 for the quarter ending March 31.