References: Section 143 of JTPA; Section 627.310(d) of the JTPA Interim Final Regulations (Federal Register, December 29, 1992); and Child Labor Regulations, 29 CFR 570, including changes by the Department of Labor's Employment Standards Administration (ESA) to three Hazardous Occupations Orders (HOs), effective December 20, 1991, in Subpart E--Occupations. Background: JTPA requires, under Section 143(a)(1) (Labor Standards), that "conditions of employment and training shall be appropriate and reasonable in light of such factors as the type of work, geographical region, and proficiency of the participant." In addition, Section 143(a)(2) states, "Health and safety standards established under State and Federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants." Pursuant to Section 3(1) of FLSA, the Secretary of Labor has issued regulations allowing, under limited conditions, the employment of youth 14 and 15 years old. These regulations are found in Child Labor Regulation No. 3 (29 CFR Part 570, Subpart C). Pursuant to the same section of FLSA, HOs are issued which prohibit the employment of minors under 18 years of age in occupations declared by the Secretary of Labor to be particularly hazardous for such minors or detrimental to their health or well being. The regulations at 29 CFR Part 570 (Subparts E and E-1), among other things, describe the restrictions on employment of minors between the ages of 16 and 18 and those occupations, both agricultural and non-agricultural, which are particularly hazardous. JTPA Title II-A, as well as Title II-B and II-C, as amended, incorporates employment or work experience programs for minors between 14 and 18 years of age, such as entry employment experience, internships, and on-the-job training. Therefore, particularly because the 1992 JTPA Amendments have broadened the participation of minors 14 and 15 years old in JTPA programs, it is important to determine whether minors of these ages are working in occupations and/or, where 14- and 15-year-old minors are concerned, during hours or times prohibited by FLSA's child labor provisions. Employers violating FLSA's child labor provisions may be assessed fines of up to $10,000 for each employee who is the subject of a violation. Child Labor Provisions: ESA's Wage and Hour Division, which is responsible for enforcing the FLSA, has informed us of a number of instances, including fatalities, involving JTPA funded employment and training programs that violated FLSA's child labor provisions. Therefore, we believe it is necessary to alert SDAs to the FLSA child labor provisions. Under the child labor provisions of FLSA, 16 years is the basic minimum age for employment; however, persons 14 and 15 years of age may be employed outside school hours in a variety of non manufacturing and nonhazardous jobs under specified conditions that do not interfere with their health, well being, or opportunity to obtain an education. Child Labor Regulation No. 3 limits the hours and the time of day that minors 14 and 15 years old may work and prohibits their employment in certain occupations. In non farm jobs, they may not work: (1) during school hours; (2) more than 8 hours in a day and 40 hours in a week when school is not in session; (3) more than 3 hours in a day and 18 hours in a week when school is in session; or (4) before 7 a.m. and after 7 p.m., except during the summer (June 1 through Labor Day) when the evening hour is extended to 9 p.m. Youth 14 and 15 years old may not work in any of the HOs applicable to youth ages 16 and 17, such as manufacturing, mining and a number of other activities identified in the Regulations. All JTPA participants must be at least 18 years old to work in any of the nonagricultural HOs. This minimum age applies even when the minor is employed by the parent or person standing in place of the parent. The 17 nonagricultural HOs in effect apply either on an industry-wide basis or to an occupation irrespective of the industry in which the occupation is found. Attached is a copy of Child Labor Bulletin No. 101 which describes the FLSA child labor provisions that apply to minors under 18 in nonagricultural employment. A summary of the employment standards for minors 14 and 15 years old described above is included. The HOs are briefly described beginning on page 3 of the bulletin and in the "non farm" fact sheet included in this package. An additional fact sheet concerning the employment of minors in farm jobs is also enclosed. HO 2 (Motor Vehicle Occupations), HO 10 (Occupations Involving the Operation of Power-Driven Meat Processing Machines), and HO 12 (Power-Driven Paper-Products Machine Occupations) were modified and clarified effective December 20, 1991, as published in the Federal Requester on November 20, 1991 (Vol. 56, No. 224). ESA Wage and Hour Enforcement Plans: The Wage and Hour Division of ESA has begun enforcement activities in States and SDAs. While contacts may have been made already, ESA will contact each State liaison to arrange for a discussion of FLSA's child labor provisions and their enforcement. We advise that SDAs become familiar with these prohibitions and that they consult the Regulations at 29 CFR Part 570 for a fuller understanding of all applicable provisions. Particular attention should be paid to the hazardous occupations, including definitions and the enumeration of particular exemptions, such as the employment of apprentices and student-learners. In general, with regard to possible conflicts among Federal or State law, regulation or municipal ordinance,the more restrictive standard shall be applicable (29 CFR 570.50 (a)). Action: State liaisons should ensure that SDAs have the information set forth in this TEIN and its attachments and are aware of the particular prohibitions and concerns regarding the employment of 14 through 17 year old JTPA participants.

References: Public Law 97-300, Section 4(8) (JTPA); and Internal Revenue Code Section 51 (TJTC). Background: JTPA defines the term "economically disadvantaged" at Section 4(8) of the Act. Among other things the term means an individual who is a member of a family which has received a total family income for the 6-month period prior to application for the program involved which, in relation to family size, was not in excess of the higher of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, or 70 percent of the LLSIL. Pursuant to 26 U.S.C. 51(d)(11), the LLSIL is used to determine whether an individual is a member of an economically disadvantaged family for applicable Targeted Jobs Tax Credit purposes. Since for TJTC purposes, the determination of whether an individual is a member of an economically disadvantaged family necessarily will relate to a period prior to 1995, the LLSIL figures in the attached notice will not be utilized by the TJTC program under current law. The poverty levels were revised and new Federal Poverty Income Guidelines were published in the Federal Register on Thursday, February 9, 1995. The guidelines for the LLSIL were published in the Federal Register on April 25, 1995. (NOTE: TABLE 4 OF THE LLSIL GUIDELINES WAS REPUBLISHED ON MAY 8, 1995, TO ADD THE PARENTHESES, WHICH WERE INADVERTENTLY OMITTED FROM THE FIRST PUBLICATION NOTICE.) Attached are copies of these 1995 guidelines. Effective Date: States may implement these guidelines in accordance with the dates as published in the Federal Register or on such later date as the Governor may determine for JTPA programs in the State, but no later than July 1, 1995. In future years as well, States may implement guidelines in accordance with the effective dates published in the Federal Register.

Background: Program letters, or the five letter series, are considered temporary directives containing instructions or information of a short-term nature which complement one of the five parts of the ES Manual. Rather than rewrite and reissue expiring program letters which still contain relevant information or instructions, the expiration date is extended. Attached is a listing of program letters with extended expiration dates for the above period.

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Reference: 20 CFR Part 655, Subparts D and E; 20 CFR Part 655, Subparts H and I; 20 CFR Subparts J and K; 20 CFR Part 656; Technical Assistance Guide (TAG) No.656 Labor Certifications; and ESPL No. 2-91. Background: Prevailing wage surveys and determinations are made by State employment security agencies in response to labor certification applications, labor condition applications and attestations filed by employers for the purpose of employing immigrant aliens and nonimmigrant aliens in H-1A nursing occupations, in H-1B specialty occupations, in H-2B temporary nonagricultural job opportunities and in off-campus employment of students on F-1 visas. The Department of Labor has significant enforcement responsibilities involving wages and other matters in administering the H-1A, H-1B, and F nonimmigrant programs. Recent enforcement actions have shown that SESAs and Regional Offices may not be interpreting and applying existing regulations and policy directives relating to prevailing wage procedures in an accurate and consistent manner. Accuracy and consistency in conducting prevailing wage surveys and making wage determinations protect the wages of U.S. workers and place the Department in the best position to bring enforcement actions against employers who do not fulfill their wage obligations under the H-1A, H-1B, and F nonimmigrant programs. The number of immigration programs administered by the Employment and Training Administration and the number of prevailing wage surveys and determinations have increased substantially in recent years accompanied by a decline in resources. This has prompted ETA to look at the most cost effective use of scarce resources devoted to developing prevailing wage information throughout the system. Operating experience shows that current regulatory requirements limit the ability of SESAs to use published surveys, and in some cases, impose impractical requirements on surveys conducted by SESAs. Planned regulation changes will address these issues. Action Required: State Administrators are requested to: A. Provide the attached policy and procedural guidance to appropriate staff. B. Instruct staff to follow these interim policies and procedures, along with those contained in TAG No. 656 in conducting prevailing wage surveys and in making prevailing wage determinations.

Background: Program letters or the five letter series, are considered temporary directives containing instructions or information of a short-term nature which complement one of the five parts of the ES Manual. Rather than rewrite and reissue expiring program letters which still contain relevant information or instructions, the expiration date is extended. Attached is a listing of program letters with extended expiration dates for the period April l, 1993 - April 30, 1993.

References: Training and Employment Information Notice No. 17-92, Availability of State Training Inventory. Background: The NOICC is an inter-agency organization that coordinates the development, dissemination, and use of occupational information by the Departments of Labor and Education. The NOICC funds and works in concert with fifty-six State Occupational Information Coordinating Committees (SOICCs) to provide career development tools, updated occupational information and in-service training for employment and training professionals and educators at the State and local level. The Job Training Partnership Act (JTPA) was amended in 1992 to include capacity building and technical assistance, information dissemination and replication activities as priorities at the National, State and local levels. The purpose of capacity building (as outlined in Section 453 of the Act) is to enhance the effectiveness of and strengthen the caliber of services provided through programs authorized under JTPA and other Federal, State, and local employment and training programs. As the employment and training system is called upon to respond to new job training initiatives, there will be an increase in capacity-building efforts and technical assistance needs. NOICC is an important player in capacity building efforts. NOICC resources and services are useful in building the capacity of employment and training professionals. Below are descriptions of various resources and products developed by NOICC: Occupational Information: The NOICC-SOICC Network disseminates a relatively large range of occupational information useful to employment and training program managers, vocational educators, as well as youth and adults who are in need of career guidance. Products are available that identify areas of occupational growth and decline, and provide career assessments, information for individual career planning, and updated listings of vocational training available to youth and adults within a State or county. Many of these products and services are available through the Labor Market Information units of the State Employment Security Agencies or through SOICC staff. The NOICC-SOICC Network has also created a data base framework to assist States in aggregating and organizing occupational and labor market information resources. Descriptions of some of the more frequently used NOICC products follow: Occupational Information Systems (OIS): The OIS is a computer-based occupational information data base that combines labor market and educational data for employment and training administrators, vocational educators, planners, operators and instructors. The system can identify both occupations that are in demand and growth industries where openings in specific occupations either exist or are projected. The many State OIS's can also identify State and local licensing that may be required as well as training that is available to prepare individuals for the skills in particular occupations. OIS software and related technical assistance is available in most States and is a powerful planning tool for JTPA State Job Training Coordinating Councils and Service Delivery Areas (SDAs). A new version of the OIS has been developed by the NOICC/SOICC Network and should be operational in many States by the summer or fall of 1995. Career Information Delivery Systems (CIDS): CIDS are computerized programs that provide self assessment, career exploration and a wealth of occupational and educational information about locally available career and training opportunities. Using a personal computer, users can access career information such as a description of the duties common to specific occupations, earning levels, working conditions, employment outlook in a State, licensing and certification requirements. The system also contains information about the availability of training in postsecondary and job training programs as well as school admissions policies and financial aid programs. CIDS are available through SOICCs in most States and territories. Although CIDS are most frequently used by educational systems, they are valuable tools for use as part of the assessment process and in developing individual service strategies for participants entering employment and training programs. Increasingly, CIDS are being used in employment service offices and in other human resource development programs. They may be particularly helpful as the employment and training system moves into a One-Stop environment. In addition to occupational information, CIDS can help a person relate their interests, aptitudes and educational goals with compatible job and career possibilities. The specific information contained in the system varies by State, but some States may include current job listings from the Job Service as well as information about resume preparation and successful interview techniques. Occupational and Labor Market Information Database (OLMID): The OLMID was recently developed to provide a more coordinated approach to the maintenance and delivery of occupational and labor market information. Through OLMID, planners and administrators as well as educators and employment and training professionals will have access to a more comprehensive mix of labor market information. Typically, information such as occupational and employment characteristics, shifting patterns among local industries and the availability of training opportunities within a State will be readily available through OLMID. OLMID is intended to be maintained by a database manager at the State level where it can become the central depository of all information that may be pertinent to current labor market dynamics and occupational requirements within the State. Implementation of the OLMID will support information delivery in the One-Stop Initiative. State Training Inventory (STI): In 1992, the NOICC distributed the STI to every SOICC. This computerized database system allowed States and local users to identify training programs and providers by selected geographic areas. Capacity Building In-Service Training: Through the Career Development Training Program, the NOICC-SOICC Network offers train-the-trainer instruction designed to improve the skills of practicing counselors, job placement personnel and other practitioners who advise and assist adults and youth who are in the process of making career decisions. These in-service training programs include: The Improved Career Decision Making Program (ICDM): The ICDM training was originally developed as a collaborative effort between NOICC and the Employment and Training Administration. The training is designed to help employment and training practitioners and educators who work with either youth or adults. Generally, ICDM increases a person's knowledge and use of labor market information in career counseling. Participants in this training receive information in new trends and demographics of the American labor market and learn to use career information tools such as CIDS. Workforce In Transition (WIT): WIT training provides skills to professionals and paraprofessionals who deliver services in career development, job search readiness and placement to dislocated workers. WIT workshops provide participants with a knowledge of the needs and issues of dislocated workers, basic counseling and coaching skills, assessment methods, and appropriate program design and implementation strategies. WIT training is especially beneficial to career and employment counselors, job search trainers and placement personnel. Employee Career Development Program (ECD): For those persons wishing to delve more deeply into the career development process as it applies, in particular, to employed or dislocated adults, there is also an ECD program. That program -- which can require up to three days, but is organized into free- standing modules which can be taught separately -- emphasizes the needs of adults in the workplace. Persons attending this training learn how to organize and conduct career development workshops for employees and unemployed workers. ECD workshops focus on orienting clients to career development, the selection and use of assessment instruments, linking the individual and exploration, decision making theories and strategies, goal setting and the development of an action plan. Career Development Facilitator Training (CDFT): A new, introductory curriculum designed to provide employment and training practitioners with basic career counseling skills is presently being pilot tested at six universities. In this training, students are introduced to practical subject matter that includes a survey of career counseling theories and applications, career assessment and case management processes, approaches recommended in counseling various special populations, and use of labor market information and various career exploration and counseling tools. CDFT is 120 clock hours in length and will be offered by collegiate institutions where students can receive certification and/or academic accreditation. Occupation Information For JTPA Planning: A casebook on using occupational information entitled, Unlocking the Power of Occupational Information, is available to assist JTPA staff in program planning. Some SOICCs also offer formal support training in using the State OIS. A National training program on the OIS will be available by the summer of 1996 as well. Action Required: State JTPA Liaisons are encouraged to work with their SOICC Directors (see attached list) to alert SDAs and other JTPA entities of the availability of the services and products available through the NOICC.

Background: The United States Employment Service (USES) has recently announced the completion and publication of the second in a series of documents developed to assist the counseling and placement function of the U.S. Employment Service. The first title in the series, "Tips for Finding the Right Job", addresses the needs of younger or unskilled worker entering the job market. The Job Search Guide: Strategies for Professionals was developed and released by USES in its ongoing effort to assist individuals in finding satisfying employment. The Guide is a unique document which provides, in one source, a variety of important job search information including specific steps that job seekers can follow to identify employment opportunities. A job seeker can use the information in this guide to develop job hunting strategies, learn skills and techniques for successfully completing the applicant screening process (e.g., filling out applications, answering interview questions, completing the employment tests), as well as identifying other resources that can be helpful in locating employment. The Guide contains a comprehensive listing of job search strategies for professionals. It provides, in detail, highly technical material to assist job seekers in a professional job search. It will assist unemployed managers, technicians and other professionals, many of whom have never been out of work, in taking a practical, realistic approach to job hunting. We request that you circulate this Guide among your colleagues and constituents. Since users' feedback will help make the Guide a more valuable reference book, any comments or suggestions regarding this publication would be most welcome. Distribution: Five complimentary copies of the Guide are being provided under separate cover to Regional and State Offices. The Job Search Guide: Strategies for Professionals is available from the Superintendent of Documents, Government Printing Office (GPO), Washington, D.C. 20402-9325 (telephone: 202/783-3238) for $ 5.50. The stock number is 029-014-00247-0. GPO offers a 25% discount on quantities of 100 copies or more. Action Required: Please inform program staff of the release of the Job Search Guide: Strategies for Professionals.

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