Background: In February of 1998, the Employment and Training Administration's Office of Worker Retraining and Adjustment Programs (OWRAP) launched an initiative to improve the delivery of rapid response assistance and early intervention services provided under Title III. As a result, a national rapid response technical workgroup was formed. The workgroup is comprised of representatives from 20 State and substate Title III programs who were identified by the Regions as experienced practitioners of effective rapid response, as well as ETA staff from the Unemployment Insurance Service, Office of Trade Adjustment Assistance, One-Stop Office, Office of Regional Management and a representative from the AFL-CIO Working For America, formerly HRDI. At the first workgroup meeting in February 1998, subgroups were formed to address specific issues relating to rapid response including labor management adjustment committees, public outreach and marketing, and staff development and training. In August, the workgroup conducted a survey of State rapid response practices through the Westat Corporation. The survey found that there is a significant need for technical assistance and training for rapid response staff in a variety of areas including: layoff aversion and early intervention strategies, working with the media, dealing with difficult employees and employers, effective use of labor management committees, and others. Of those surveyed, 87 percent responded that the most appropriate method for improving skills of rapid response staff is through seminars or conferences. Seventy percent indicated that peer-to-peer training or technical assistance is a preferred method. As a result of the survey, the U.S. Department of Labor is exploring various means of disseminating effective approaches to dislocation events requiring rapid response activity. One such activity is the development of a Rapid Response Peer Expert Directory. Among other approaches, the Department is considering a meeting in late June or early July 1999, to provide an opportunity for rapid response practitioners to exchange ideas on program operations and address issues of concern. Rapid Response Peer Expert Directory: A Rapid Response Peer Expert Directory will be a tool that can be used by State and local level agencies to identify peers who have successfully addressed the challenges faced in major worker dislocation events and who are willing to share their expertise. The peer experts who are included in the directory, will be professionals within the Title III/Rapid Response, or broader employment and training, network who have hands-on experience, and can assist others in becoming more proficient in performing specific job duties. The peer experts may provide training or technical assistance using a variety of methods including small group instruction, roundtable discussions, workshop/classroom instruction, or one- to-one assistance provided either on-site, by telephone, written correspondence or electronic media. Peer expert assistance, if needed on-site, may be funded with Title III or One Stop technical assistance funds. ETA is soliciting nominations of individuals at the State and local level who can provide technical assistance, training or other assistance in areas specifically related to rapid response and early intervention services to be included in the Rapid Response Peer Expert Directory. ETA, in consultation with the Regional Offices and the State Dislocated Worker Units, will review the nominations. Those nominees selected for inclusion in the Directory will be notified. Self nominations will be accepted. A nomination form is attached. Tentatively, plans call for publication and dissemination, including posting on the ETA web page, of the Directory in mid-March 1999. Action Required: Liaisons are requested to share this TEIN with all State Dislocated Worker Units, and all appropriate substate areas, Title III and rapid response staff, as well as one-stop centers, trade adjustment assistance programs and other potential agencies involved in coordination efforts related to provision of rapid response and early intervention services. Anyone who has had a professional association or experience with an individual in the employment and training system whom they believe has been effective in delivering rapid response services in a particularly challenging situation may submit a nomination. If they are unable to provide all the information, an incomplete nomination can be submitted and OWRAP will try to follow up with the nominee for additional information. In addition, individuals who feel they have had experience that would be valuable to other professional staff facing a challenging layoff situation may nominate themselves. States may establish a nomination procedure if they chose to do so. Nominations for the Directory must be submitted (by mail, fax or e-mail) to ETA no later than February 19, 1999, to the following address: U.S. Department of Labor Employment and Training Administration Office of Worker Retraining and Adjustment Programs Attn.: Kimberly Wilcox Room N5426 200 Constitution Avenue, NW Washington, D.C. 20210 Fax: (202)219-5938 E-mail: kwilcox@doleta.gov

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References: Section 3303(a)(1), Federal Unemployment Tax Act (FUTA) and Unemployment Insurance Program Letter (UIPL) 29-83. Background: In order to promote the employment of public assistance recipients, some States have considered or enacted legislation intended to ensure that employer experience rates are not adversely affected if these individuals subsequently become unemployed. A method chosen by some States to prevent an adverse effect on experience rates has been to exclude from the employer¿s experience rating computations unemployment benefits paid to former employees who have previously received public assistance. The Department of Labor considers efforts to encourage the employment of public assistance recipients laudable; however, it is the Department of Labor¿s position that consideration of the receipt of public assistance or other pre-employment circumstances of employees (current or former) in employer experience rating determinations does not conform with Federal law. Federal Law Requirements: Section 3303(a)(1), FUTA, contains the Federal experience rating requirement for employers in a State to receive the additional credit against the FUTA tax. Additional credit is allowed to employers paying reduced rates of contributions, where the State law conforms with 3303(a)(1), FUTA. For FUTA tax credit purposes, these employers are treated as though they had paid contributions at the highest rate assigned based on experience, or 5.4 percent, whichever is lower. Section 3303(a)(1), FUTA, requires that State law provide that: - no reduced rate of contributions to a pooled fund or to a partially pooled account is permitted to a person (or group of persons) having individuals in his (or their) employ except on the basis of his (or their) experience with respect to unemployment or other factors bearing a direct relation to unemployment risk during not less than the 3 consecutive years immediately preceding the computation date; Although the term ¿experience¿ is often used as convenient shorthand, no State system directly measures experience with respect to unemployment. Instead, all States use a factor or combination of factors bearing a direct relation to unemployment risk. Since the unemployment risk of the worker is the basic phenomenon which is to be measured, the factors referred to in Section 3303(a)(1) are limited to those basic elements that measure an employer¿s experience with the impact of unemployment upon his or her workers. (See page 2 of the Attachment to UIPL 29-83.) In addition, the experience must be measured throughout a period of not less than 3 years preceding the computation date. The use of public assistance status or other pre- employment circumstances of individual workers is not consistent with this interpretation of the requirements of Section 3303(a)(1), FUTA, for two reasons. First, using these circumstances to a priori exclude wages earned by a worker in determining experience is inconsistent with Federal law, since a portion of the employer¿s experience during the 3- year period will never be used. Second, the receipt of public assistance and other pre-employment circumstances are not directly related to the employer¿s experience with the impact of unemployment on his or her workers. These circumstances are not directly related to the employer¿s need for services, the term of employment, or the reason for separation from employment. For example, during a lay-off, all workers are separated due to a lack of work. Whether the individual previously received public assistance has no bearing on the fact that a lack of work exists. As another example, if a worker is discharged for misconduct, the reason for the separation is the worker¿s misconduct, not pre-employment status. In conclusion, all situations where the consideration of pre-employment income or circumstances could be introduced into a State¿s experience rating system, including the noncharging of benefits, is inconsistent with Section 3303(a)(1), FUTA. However, because the Department of Labor strongly supports endeavors to employ public assistance recipients, the Department is exploring legally permissible avenues that might benefit employers who hire welfare recipients. We will notify States of the findings upon completing the effort. Action: State administrators are requested to take necessary action to assure that State law conforms with and is applied consistently with Section 3303(a)(1), FUTA, as interpreted in this UIPL.

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

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

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