Reference. Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Section 6 of the Fair Labor Standards Amendments of 1996. Job Training Partnership Act, as amended, Section 142(a)(2) and (3). DINAP Bulletin No. 90-28. Background. The amendments to the Fair Labor Standards Act (FLSA) became effective October 1, 1996. Guidance The FLSA amendments must be viewed in terms of the legal requirements of the Job Training Partnership Act (JTPA). A. The new "Opportunity Wage" does not apply to the JTPA. Based on the JTPA statutory requirements at section 142(a)(2) and (3), there is no current authority to allow the use of the new "Opportunity Wage" in the JTPA program. Therefore, JTPA grantees may not pay a sub-minimum wage. This will be the case for all JTPA programs including the Summer Youth programs under title II- B. B. The "Minimum Wage Increase" provision under the amendments to FLSA, does apply to participants enrolled in programs operated under the JTPA. Effective on October 1, 1996, the amendments required that not less than $4.75 an hour must be paid for employment under the JTPA and not less than $5.15 an hour beginning September 1, 1997. Action. Grantees are to implement the new Federal minimum wage when and as applicable. If a State-imposed minimum wage is applicable, and is higher than the Federal minimum wage, then the higher (State) standard applies. Questions. Contact your DINAP Federal Representative.

To preserve the formatting of this document, it has been converted to PDF (Portable Document Format) to retain its original layout.

Reference. DINAP Bulletin Number 96-13, Attachments Nos. 1-A and 2-A. Background. The recently-completed section 401 designations for PYs 1997-98 have necessitated changes to the previously-issued title IV-A and title II-B planning levels. Action. Grantees should review the attached allocation levels in light of their recently-received designation letters. Any apparent discrepancies should be reported immediately to the appropriate Fed. Rep. Team or to Greg Gross at (202) 219-8502, extension 141. Inquiries. Contact your DINAP Federal Representative Team on (202) 219-8502.

Click on the link below to view, save, or print out the document.

2. References. - JTPA section 401 regulations at 20 CFR 632.43. - JTPA titles II and III regulations at 20 CFR 627.410. - JTPA (Public Law 102-367) section 161(b)(1). - DINAP Bulletins Nos. 95-03, 95-12 and 96-05. Background. Prior to the beginning of PY 1996, DINAP informed grantees in DINAP Bulletins 95-03 and 95-12 that all carryover limits previously imposed since 1991 were suspended. Grantees were further informed in bulletin 95-12 that grantees exceeding the former limit [20% of total available funds] would be required to explain why. Failure to provide an acceptable reason for exceeding the former limit would result in the former limit(s) being reimposed on a case-by-case basis. DINAP suspended the former carry-in policy for the following reasons: a. anticipated loss of JTPA title II-B (Summer Youth) funding for 1995; b. significant reductions in appropriations for title IV-A in Program Years 1995 and 1996 (18% in the past two program years); c. impact resulting from the use of 1990 Census data; and, d. facilitate closeout of the 99-1 grants. In addition, DINAP issued Bulletin No. 96-05 on July 19, 1996 to encourage grantees to adjust their Program Year (PY) 1996 spending plans to reflect the total amount of available funds (carry-in plus PY 96 allocation). These actions were taken by DINAP to make available the maximum amount of program funds in recognition of the fact that the PY 96 title IV-A appropriation was at the historically lowest level since the enactment of JTPA. Despite these actions, a small percentage of grantees have maintained excessive levels of unexpended grant funds available to them in their PMS subaccounts. Furthermore, recent experience with processing carry-in modifications and a review of grantee expenditure rates in general, has revealed that a small number of grantees expenditure rates may potentially result in carryover funds far in excess of the former 20 percent carryover limit. Excessive carry over for these few grantees have reached the level(s) which prompted the imposition of carryover limits ten years ago. Policy. To remedy this situation, pursuant to the regulations at 20 CFR 632.43 and the Act at section 161(b)(1), the Department hereby notifies all JTPA section 401 grantees of its Reallocation Policy. The section 401 reallocation policy will recapture excess carryover (more than 20%) from IV-A grants' and reallocate this excess carryover to grantees that have not exceeded this former limit. Recaptured funds will only be reallocated to section 401 grantees that receive title(s) IV-A and/or II-B grant funds. Policy Implementation. The policy will be implemented for PY 97 and involve the following two-step process: STEP 1 - (a) the Notice of Obligation (NOO) for title IV-A issued annually on or about July 1 will provide 75% of the grantee's total formula allotment for that program year; (b) upon receipt of the required financial portion of the PY 96 Annual Status Report (ASR) which is due within 90 days after the end of the Program Year (certified as accurate AND FINAL by an appropriate grantee official), the Department will compare reported expenditure levels to total funds available for the report period; (c) a grantee's unexpended resources in excess of twenty percent (20%) of total available funds will be recaptured from the current Program Year's (PY 97) allocation and will be subject to reallocation. STEP 2 - (a) A second NOO will provide the remainder of the program year's formula allotment for each grantee reduced to reflect funds withheld as excess carryover amounts as identified by the process above, (No prior allocations will be affected by this reallocation process); (b) these "recaptured" amounts will then be added to the NOOs of ALL grantees which did not have excess carry-in, in accordance with the funding formula found at 20 CFR 632.171. Information. The Department will issue notices to those grantees which our analysis indicates are in danger of losing PY 1997 funds as a result of under-expenditure of PY 1996 title IV-A resources. Action. All grantees should immediately assess their rates of expenditure for PY 1996 JTPA title IV-A funds, if they have not recently done so. Grantees should make sure that their current Budget Information Summary (BIS) submitted to the Department accurately reflects the total available funds for PY 1996, including amounts carried forward from the previous grant period. Grantees who receive JTPA title II-B funds should also review expenditure rates for the summer youth program, to ensure that all available resources are being fully utilized to benefit the target population. Effective date. Date of this bulletin. Inquiries. Questions should be addressed to your Federal Representative team or to Greg Gross on (202) 219-7509.

References: Training and Employment Information Notice (TEIN) No. 18-96. Information: This year's conference, "One-Stop: Beyond the Vision," sponsored by the Employment and Training Administration (ETA) and hosted by the State of California, will provide an opportunity for workforce development professionals to hear how States and localities are implementing the One-Stop Career Center system, making the vision of One-Stop a reality for workforce development customers. Workshops will examine "best practices" in achieving the One-Stop objectives of universal access, customer choice, integration, and accountability for performance. The conference will update attendees on critical topics such as performance measures development, marketing of One-Stop and the impact of welfare reform. Early conference registration is suggested as attendance will be limited to 1200 participants. We encourage workforce development partners to register together. Four or more workforce development partners who register together will receive a group discount. Arrangements have been made to have five registrations reserved for each State until March 31; beyond that date registration will be on a first-come/first-served basis. Onsite registration will be available ONLY if any space remains. Full details on registration are included in the Attachments. ETA encourages new One-Stop Career Center implementation States and those States in the planning and development phase to attend this conference. Workshops of particular value to these States will be marked in the program. Action Required: States are asked to distribute this Unemployment Insurance Program Letter (UIPL) with the attached conference information to staff employed in the UI system. Under separate cover to TEIN No. 18-96, brochures announcing the conference have been mailed to the One-Stop lead person in each State and to other departments. These contacts have been asked to distribute the brochures to their workforce development partners throughout the State.

Background: Previous instructions directed States to submit the following reports directly to the ETA National Office with a copy to the Regional Offices: JTPA Quarterly Status Report (JQSR) JTPA Annual Summary Program Report (JASPR) Worker Adjustment Formula Financial Report (WFFR) Dislocated Worker Special Project Report (DWSPR) An examination and review of ways to increase the value of JTPA data led to a recommendation to have each Regional Office be the focal point for JTPA reporting from the States in its Region. Regions have now been designated to receive and process State JTPA Title II and III non-SPIR reports into regionally maintained data bases. Regions will be working with States to improve procedures for collecting and processing data, and to foster creative utilization of information as a program management tool. Submission of Reports: Beginning with the third quarter PY 1997 reports due May 15, 1997, States are to send the reports cited above directly to their appropriate Regional Offices. The Regional Offices will provide exact mailing addresses, names of individuals who will serve as contacts and other specific instructions as needed, in advance of the due date. Automation Initiative: The ETA National Office has prepared standard formats for the storage and transmission of JTPA data. These formats have been provided to the Regional Offices. Regions and States may begin a collaborative effort to produce and transmit data in the mandated format. As States demonstrate this capability, it is anticipated that the Regional Administrator will rescind the requirement for hard copy reports. Action Required: State JTPA and Worker Adjustment liaisons should make this information available to all appropriate officials.

Reference. Job Training Reform Amendments of 1992. Background. As required by the Job Training Reform Amendments of 1992, the Native American Employment and Training Council was established by charter, effective July 1, 1993. The charter provides for not fewer than seventeen members appointed for two years. The following nine memberships will expire as of June 30, 1997: Region III Region IV Mr. G. Warren Cook Mr. Elkton Richardson Executive Director JTPA Director Mattaponi, Pamunkey, North Carolina Commission Monacan Consortium On Indian Affairs Region VI Region VII Mr. Frank E. Siow Ms. Christine Molle JTPA Director Executive Director Pueblo of Laguna American Indian Council Region VIII Region IX Ms. Bernadine Wallace Mr. Harold Wauneka JTPA Director JTPA DirectorMontana United Indian Navajo Nation Association Region X Oklahoma Ms. Carol Peloza Mr. Bob Giago JTPA Director Executive Director Seattle Indian Center United Urban Indian Council Other Discipline Dr. Rose-Alma McDonald Native American Consultant Hogansburg, New York Grantees may renominate these individuals for these memberships, or may submit the names of new individuals. Consistent with the terms of the charter, all nominees must be Indian or Alaskan Native or Hawaiian Native individuals. Only grantees in Regions III, IV, VI, VII, VIII, IX, X, and Oklahoma may submit nominations for the membership vacancies in those areas. The Department of Labor (the Department) will accept nominations for "other discipline" vacancies from all Section 401 grantees. Indian tribes or Indian, Alaskan Native or Hawaiian Native organizations that do not operate Section 401 grants may also submit nominations. Self-nominations will be considered. In submitting nominations, grantees should consider the willingness of the nominee to attend and participate actively in Council meetings, seek grantee input on critical issues, and provide feedback. Communication between the Council member and his/her constituency is critical to the partnership between the Department and the Indian and Native American community. Action. If you would like to suggest nominees for the Council, please submit the names of these individuals to the following address: Thomas Dowd Chief Division of Indian and Native American Programs U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 ATTN: Council Desk We would appreciate having the nominations postmarked no later than April 25, 1997. Questions. Contact Thomas Dowd, Chief, Division of Indian and Native American Programs on (202) 219-8502, extension 119. In his absence, call Mr. Greg Gross at (202) 219-7509, extension 141.

To preserve the formatting of this document, it has been converted to PDF (Portable Document Format) to retain its original layout.

Background: On March 8, 1997, President Clinton issued an Executive Order to Federal department and agency heads instructing them to use all available authorities to hire people off the welfare rolls into available job positions in the Federal government. In this order, the President directs each Federal agency to prepare an individualized hiring plan detailing how the agency intends to recruit and hire welfare recipients. The agency welfare recipient hiring plans are to be submitted to the President by April 7, 1997. Each agency's plan is to describe, in detail, how the agency intends to recruit and hire qualified welfare recipients. The description is to include a proposed local outreach program that builds upon the Government's existing nationwide employment information systems to bring Federal job opportunities to the attention of welfare offices, State and private employment offices, nonprofit organizations and others who work with welfare recipients on a regular basis. In addition, the plan is to describe, in detail, how the agency will assist welfare recipients in keeping their jobs and performing well after they are hired. ETA's Role in the Federal Hiring Initiative: The Employment and Training Administration is responding to this initiative by creating two products--a web site, http://www.doleta.gov/ohrw2w, that is geared to assisting Federal human resource managers in hiring and retaining welfare recipients; and a parallel resource guide that provides information on resources within the workforce development system. The web site became operational March 19. It has many built-in links which will permit users to tap into many other related sites. The draft resource guide, which is being sent under separate cover, is now available on the web site. The final guide will also be distributed in hard copy format to Federal human resource managers and will be made available in its entirety on the web site. Both the web site and the resources guide provide valuable information on programs and information on contact points at the State and local level. The web site will also contain links to many other related sites and will permit human resource managers to search for offices by program or geographical area. At the Federal Regional level, our ETA Regional Administrators will be reaching out to the other Federal agencies to ensure they are fully aware of the value that the employment and training community can provide to those agencies, i.e., recruitment, screening, training, referral of welfare recipients to jobs at the Federal agencies, limited follow-up services and coordination of support services after placement. Wherever possible, they will attempt to broker meetings of multiple agencies in an area. They will help the Federal agencies understand how the services that can be provided will save them both time and money. Opportunities for Workforce Development System: The Job Training Partnership Act (JTPA) service delivery areas, the local employment service offices, Job Corps Centers and the JTPA Title IV special targeted grantees are in a strategic position to provide a service to Federal agencies which will make their task of hiring welfare recipients easier. Each Federal agency is in the process of developing its plan for the hiring of welfare recipients using existing authorities at the entry level consistent with the President's direction to assist the nation in solving the employment problems of welfare recipients. This development provides a clear opportunity to assist Federal agencies in meeting their needs for persons who can succeed. The employment and training community has a proven track record over a period of years. It has demonstrated that it is knowledgeable of the welfare population's needs for unsubsidized employment. In many communities, the JTPA entity has operated both the JTPA Title II-A program and the welfare JOBS training program. Currently, 42 percent of our terminees are from the welfare population. In a similar manner, the employment service has served as the primary resource for placing welfare recipients who are job ready. Many Job Corp Centers have arranged for child care so young mothers may participate in education and training activities at their centers. Our national grantees for Indians, Migrants and Older Workers have all served a significant number of welfare recipients. It is essential that the employment and training community work with the Federal agencies as they begin the process of filling entry level jobs--initially they may be temporary or seasonal jobs for some agencies--leading to good jobs which can eventually make the recipients self-sufficient. At the local level, an evolving partnership has developed between the employment service, the JTPA service delivery area, other JTPA funded programs including Job Corps Centers and special targeted programs, and the social services agency. Together, these organizations have effectively moved toward solving the training and employment needs of the welfare recipients. As States have started to move forward with their efforts under the welfare reform legislation, this relationship has become even more closely linked. Building on these relationships, there is a need to reach out to the Federal agencies to make them aware of the resources that exist and how they can assist in meeting the President's objective of hiring welfare recipients. If we effectively meet this challenge, it will demonstrate to the nation that the employment and training community can be a partner in addressing the complex issue of moving welfare recipients to gainful employment. Action Required: Please provide information on the Federal welfare to work hiring initiative to local service providers so that they can best position themselves to take advantage of this opportunity.