1. Affirmative Action Requests - In September 1998, Washington State voters approved Initiative Measure 200, which abolished preferences based on race, gender in public contracting, education and employment  It did not eliminate affirmative action programs.

   ESD Labor Exchange as well as other staff who are performing a labor exchange function can accept bona fide affirmative action job orders. A bona fide affirmative action job order is one in which an employer seeks qualified applicants who are members of a specified protected group which for reasons of past custom, historical practice, or other non-occupational valid purposes, have been discouraged from entering certain occupational fields. ESD retains the right, however, to request written documentation if necessary.

   The order-taker informs the employer that while special applicant search and recruitment is conducted for members of specific groups for which affirmative action is being taken, a job order cannot be accepted that requires exclusive referral of a specific group. No qualified applicant is denied referral because the applicant is not a member of the protected group identified on the affirmative action job order.

   The order-taker clearly identifies each affirmative action job order to show its affirmative action nature and to further reflect the employer's need. Thus, if the employer requests members of a specific group--Hispanics, for example--to reach a projected affirmative action goal, the order-taker marks the Affirmative Action box and enters the following statement in the job summary section: "Affirmative Action: All qualified applicants will be considered. Hispanic individuals, in particular, are encouraged to apply." Likewise, if the employer requests other minorities, women, Disabled or Vietnam-era Veterans or Persons with Disabilities, the Job Order screen should so state. The notations may be abbreviated; however, the abbreviated form must contain three elements: 

1. That the order is for affirmative action;

2. That all qualified applicants will be considered; and

3. That a specific group's) is being recruited.

The order-taker encourages the employer to:

1. Keep the job order open long enough for ESD Labor Exchange well as other staff who are performing a labor exchange function to do automated matching, call-in, and recruitment if necessary; and
      

2. Ensure that the selection criteria have a direct relationship to the tasks to be performed and are not greater than necessary to perform the tasks.  Unnecessary education or experience requirements may work to screen out certain groups.

Additional information can be found in Policies and Procedures communication number 4005, Serving Employers Operating Under Affirmative Action Programs. 

SKIES NOTES:  Affirmative action job orders must be entered in SKIES on the Job Order Requirement screen.

2. Age Requirements - Age restrictions or limitations are considered discriminatory unless supported by a Bona Fide Occupational Qualification (BFOQ) or a federal or state law. This includes both upper and lower age restrictions. The Age Discrimination in Employment Act (ADEA) of 1967 prohibits employment discrimination of all persons age 40 and over. It is not a violation of ADEA for an employer to refuse to hire an individual that was under the age of 40. ESD, as a public service provider, adheres to the Age Discrimination Act of 1975 which states:

"No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance."

ESD Labor Exchange as well as other staff who are performing a labor exchange function, cannot accept a job order that restricts the age of applicants; nor refuse to refer individuals based solely on their age, except where laws require that individuals be a certain minimum age to perform the duties of the position, such as being 21 years of age for those occupations of bartenders and casino workers. 

An employer's preference to hire drivers at or above a certain age, driven by insurance costs, does not meet this standard, since it is based on a financial consideration, rather than a legal one.  Therefore, in such a situation, a job order cannot be coded with the higher age limit and all otherwise qualified applicants must be referred if they so desire. However, in recognition of the employer's rights to base their hiring decision on such considerations, local office staff can indicate on the job order; that e.g., employer prefers to hire applicants over 26 years of age because of insurance costs.

3. Agricultural and Food Processing Orders - Federal regulations require that no agricultural or food processing job orders be included in job listings that are available outside the local commuting area as determined by local service delivery sites, unless the job order has been processed according to requirements for intrastate/ interstate clearance or H-2A. This clearly applies to the automated system as job orders entered into the system are immediately available statewide.  Local office staff should indicate in the body of the job order that Agricultural and Food Processing Job Orders are open for local recruitment only.

   In effect, this means that local service delivery sites place agricultural and food processing job orders in the automated system only as an informational service to applicants of other local service delivery sites, unless formal intrastate/interstate clearance or H-2A procedures are being used. In these instances, local service delivery sites placing agricultural or food processing job orders into the system include a statement on the Job Order description screen to the effect that referrals are restricted to applicants within commuting distance of the work site. 

   Other local service delivery sites must not provide any normal, direct referral service to applicants requesting information about this type of order. Once applicants are in the area where the job exists, they can then be referred to the job by the respective local service delivery office. Any activity of this type must be coordinated with the order-holding local service delivery site. 
   
   Additional information can be found in Policies and Procedures communications numbered 4061, Recruitment of Temporary Agricultural Workers; or 4062, Temporary Alien Agricultural Labor Certification (H-2A)

   SKIES NOTES:  For agricultural and food processing Job Orders, the Internet indicator box on the Job Order Description screen should not be checked so that recruitment will only be done locally.
    

4. Agricultural Worker Housing - Employers who wish to recruit agricultural workers through the local service delivery site from outside the local commuting area must provide housing that meets federal standards and must have it inspected at least 30 days prior to occupancy. An agricultural clearance or H-2A order is required.

   Federal regulations require that housing associated with agricultural clearance orders meet either federal Employment and Training Administration (ETA) or Occupational Safety and Health Act (OSHA) housing standards. Washington's Board of Health Rules and Regulations and the Washington Industrial Safety and Health Act (WISHA) are the governing standards for housing inspection in this state as they meet both the ETA and OSHA standards. 
   
   If the employer intends to provide housing, however, the housing must meet state standards and be inspected at least 30 days prior to occupancy. If the housing is a condition of employment (i.e., the workers are expected to live in the housing), the order-taker advises the employer of the Department of Health's inspection and license process.
   
   Local service delivery sites receiving housing complaints accept and process them according to the instructions in Policies and Procedures communication number 4012, Job Service Complaint System Procedures. A copy of the complaint is also forwarded to the WorkSource Operations Division's Agricultural Recruitment and Support Unit. For further information contact the ESD Monitor Advocate. 

   Additional information can be found in Policies and Procedures communications numbered 4061, Recruitment of Temporary Agricultural Workers, and 4062, Temporary Alien Agricultural Labor Certification (H-2A
    

5. Bona Fide Occupational Qualifications (BFOQs) - Local service delivery sites accept job orders with discriminatory specifications if it is determined that the discriminatory specification in question is justified as a BFOQ. However, both the Washington State Human Rights Commission (HRC) and the federal Equal Employment Opportunity Commission (EEOC) interpret BFOQs very narrowly and have taken the position that an employer must prove the necessity of a BFOQ. Justification for the BFOQ is stated on the Employer Note Screen. The following are considered BFOQs or justifiable specifications for a discriminatory job order:

• Gender - For reasons of authenticity (e.g., actor, actress or model, etc.), or for maintaining conventional standards of personal privacy when the need for such privacy is a major part of the job and the job cannot be restructured (e.g., locker room attendant that works when the locker room is in use, personal attendant, or intimate apparel fitter, etc).
     

• National Origin or Citizenship - For reasons of national security.
     

• Religion - For the referral of a person of a particular religion to an employer of the same religion for the propagation of that particular faith.
     

• Race - To refer an American Indian to work on or near an Indian Reservation.
     

• Age - In state, federal, and local programs where age is a requirement of the program such as the Summer Youth Program, Job Corps, or designated projects, etc., or based on a specific law that governs the age of workers in a particular occupation. 

NOTE: Any discriminatory information that has been entered into the automated system should be voided immediately by ESD Labor Exchange as well as other staff who are performing a labor exchange function. 

If an employer asserts that approval for a BFOQ has been received from the HRC or EEOC, which is not included in the BFOQs listed above, the order-taker requests and receives a copy of the approval before accepting the job order. The copy of the BFOQ approval will be maintained at the local service delivery site. 

If the discriminatory specification is not justified as a BFOQ, the job order must not be accepted and the reasons must be clearly explained to the employer and documented on the Employer Record. If technical assistance is required, the employer is given the telephone number of HRC (360) 753-6770, or EEOC (206) 220-6883.

SKIES Notes:  A Bona Fide Occupational Qualification Job Order must be recorded as such on the SKIES Job Order note screen.

6. Criminal Convictions - Inquiries concerning convictions (or imprisonment) will be considered to be justified by business necessity if the crimes inquired about relate reasonably to the job duties, and if such convictions (or release from prison) occurred within the last ten years.  It is appropriate for local office staff to inform applicants that the employer may conduct a background check as a condition of employment.

NOTE:  Law enforcement agencies and state agencies, school districts, businesses, and other organizations that have a direct responsibility for the supervision, care, or treatment of children, mentally ill persons, developmentally disabled persons, or other vulnerable adults are exempt from the aforementioned rules. 

In addition, the order-taker suggests to the employer that when attempting to determine the extent to which a conviction or convictions reveals an applicant's current job qualification, the following question is acceptable:

"Have you been convicted (or released from prison) within the past ten years for a crime that relates reasonably to the duties of this job?"

It is also appropriate for the order-taker to inform the employer that the State Human Rights Commission  (HRC) is the enforcement agency concerning this particular subject and that more in-depth questions should be directed to HRC staff.  

The State agency may discontinue services to employers immediately if, in the judgment of the Commissioner of the Washington State Employment Security Department, continuing to provide such services would cause substantial harm to a significant number of workers.

Basis for Discontinuation of Services - The State agency shall initiate procedures for discontinuation of services to employers who:

• Submit and refuse to alter or withdraw job orders specifications which are contrary to employment related laws;
• Are found through field checks or otherwise to have misrepresented the terms and conditions of employment specified on job orders or failed to comply with assurances on job orders;
• Refuse to accept applications referred through the clearance system; i.e. SKIES.

Notification to Employers - The State agency shall notify the employer in writing that it intends to discontinue the provision of Job Services and the reasons for the discontinuation of services.  The employer shall be notified in writing that all JS services will be terminated in 20 working days unless the employer within that time:

• Provides adequate evidence that the specifications are not contrary to employment-related laws, or
• Withdraws the specifications and resubmits the job order in compliance with employment-related laws, or
• Requests a hearing from the State agency pursuant to 658.417.

If the employer does not provide a satisfactory response in accordance with 658.502 within 20 working days or has not requested a hearing, the State agency shall immediately terminate services to the employer.

Reinstatement of Services - The State agency may after discontinuation, reinstate services to an employer if the employer provides adequate evidence that any policies, procedures or conditions responsible for the previous discontinuation of services have been corrected and that the same or similar difficulties are not likely to occur in the future.

• The State agency shall, within 20 working days, notify the employer requesting reinstatement whether his/her request has been granted.  If the State denies the request for reinstatement, the basis for the denial shall be specified and the employer shall be notified that he/she may request a hearing within 20 working days.
• The State agency can also reinstate services to an employer if ordered to do so by a State hearing officer, DOL Regional Administrator or Federal Administrative Law Judge as a result of a hearing.

More information regarding Discontinuation of Services to employers can be found at 20 CFR 658.501.

8. Discriminatory Specifications - If the employer asserts that any discriminatory specification is covered by a federal, state, or local law or regulation, the order-taker requests and receives a copy of the applicable law or regulation before accepting the job order. Local office administrators are responsible for insuring that a copy of the law or regulation is maintained at the local service delivery site.

If it is determined that the discriminatory specification is not justified, the order-taker should attempt to inform the employer to withdraw the discriminatory specification and to evaluate applicants solely on the basis of their ability to perform the required job. The order-taker must also explain that by law the WorkSource system is forbidden from accepting or referring on discriminatory job orders based on race, creed, color, sex, marital status, age, religion, national origin, sexual orientation, or physical, sensory, or mental disability.   

1. Withdrawal of Discriminatory Specification - If the employer agrees to withdraw the specification, the order-taker accepts the job order. However, local management must be informed of the job order so that staff can monitor that job order and subsequent job orders from that employer to insure compliance with federal and or state laws.
   

2. Refusal to Withdraw Discriminatory Specification - If the employer refuses to withdraw the discriminatory specification, the order-taker informs the employer that ESD Labor Exchange  as well as other staff who are performing a labor exchange function, cannot accept that job order or any other job orders from that employer, unless assurances are given that there is no discrimination in hiring or promotional practices.

Discriminatory specifications is an area that is very vulnerable to manipulation and/or misrepresentation by an employer. Therefore, the order-taker is expected to make a "good faith" effort to ensure that employers do not discriminate in their hiring practices. For further assistance with job orders involving discriminatory specifications, contact ESD's Human Resource Management office. 

SKIES NOTES:  A Job Order with Discriminatory Specifications must be recorded as such on the SKIES Job Order note screen.

9. Employer Identifier in SKIES

   It is the policy of ESD that local office staff, when accepting a job order, will include at least one of the following unique employer identifier numbers:1) Employment Security (ES) Reference Number, 2) Unified Business Identifier (UBI), and Federal Employer Identification Number (FEIN.) A Social Security may be substituted for an FEIN if the employer is not required to have a FEIN.

   Providing valid FEIN, UBI and ES account number in SKIES, will make it possible to do a cross match of other data bases, such as New Hires Report, Employer Tax Records, that will allow reports to pick up entered employment data. Entered employment is one of the required Common Measures and an accurate count impacts performance reports.

   Definitions for employer Identifiers in SKIES:

   1. Unified Business Identifier (UBI): A UBI is a nine-digit number assigned by the Department of License to businesses when they apply for a business license.

   2. Federal Employer Identification Number (FEIN): A FEIN is a nine-digit number assigned by the Internal Revenue Service to identify business taxpayers who are required to file various tax returns.

   3. ES Reference Number: The ES reference number is an eight-digit number assigned by the Employment Security Department to employers registered with an ESD Tax Office.
   

10. Federal Contractors - The Department of Labor (DOL) requires informational reporting statistics on ALL job orders with Federal contractors.  A federal contractor is a party who has entered into a contract with a department or agency of the Federal government or has entered into a contact with another entity under the jurisdiction of the U.S. Office of Personnel Management.  A department or agency of the Federal government or an entity under the jurisdiction of the U.S. Office of Personnel Management is not considered a Federal contractor.  Certain contracts with Federal contractors fall under the policy requirements of the Federal Contractor Job Listing Program (FCJLP.)
    
    FCJLP - Any contract in the amount of $100,000 or more entered into by any federal department or agency for the procurement of personal property and non-personal services, including construction for the United States government, contains a provision requiring that the party contracting with the United States take affirmative action to employ and advance in employment qualified Special Disabled Veterans and Veterans of the Vietnam Era. This also applies to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services, including construction for the United States government. Each contractor holding such federal contracts "lists "all of their suitable job openings" with the appropriate local service delivery site (this does not apply to federal grants or other monies received not as the result of a federal contract). These requirements pertain to job openings that exist at the time of the execution of the contract and those that occur during the performance of the contract. 

NOTE:  Suitable job openings" includes, but is not limited to, openings that occur in production and non-production; plant and office; laborers and mechanics; supervisory and non-supervisory; and technical, executive, administrative, and professional openings that are compensated on a salary basis of less than $100,000 per year. This term includes all full-time and part-time employment. It does not include openings in an educational institution that are restricted to students of that institution.

The (FCJLP) requires the listing of job openings with local service delivery sites and consideration of employment service referrals at least concurrently with the use of any other recruitment source, including the employer's own applicant files, and involves the normal obligations that attach to the placing of a bona fide job order, including the acceptance of referrals of Veterans and non-veterans. The listing of the opening does not require the hiring of any particular job applicant or any particular group of job applicants.

ESD Labor Exchange as well as other staff who are performing a labor exchange function, will insure that appropriate Federal contractor information is properly recorded into the Department's Services, Knowledge, Information, Exchange, System (SKIES) as required by Department of Labor regulations.

The provisions of this section do not apply to job openings that the contractors propose to fill from within their own organization or to fill pursuant to a customary and traditional employer/union hiring arrangement. This exclusion does not apply once the employer decides to consider applicants outside its own organization or employer/union arrangement for that opening.

NOTE: Federal contractors are often required to have an affirmative action plan in place (see section entitled Affirmative Action Orders, and Policies and Procedures communication number 4005, Serving Employers Operating Under Affirmative Action Programs). 

Additional information can be found in Policies and Procedures communication number 4034, Federal Contractor Job Listing Program (FCJLP). 

SKIES Notes:  A Federal Contractor Job Order must be recorded as such in the SKIES Job Order screen.

11. Labor Disputes - ESD Labor Exchange as well as other staff who are performing a labor exchange function, will not recruit job applicants on behalf of employers for position or positions that are vacant because of a strike, because employees have been locked out or when the filling of the job opening is otherwise an issue in a labor dispute involving a work stoppage.   The ESD Labor Liaison Program Coordinator is responsible for informing local service delivery sites not to accept job orders or make referrals to employers engaged in labor dispute situations. Labor Liaison Program Coordinator can be reached at 360-902-9481.
    
    Additional information can be found in Policies and Procedures communication number 4008, Selection and Referral.
     

12.  Language Requirements -  A language requirement is considered discriminatory unless the employer has written approval for a BFOQ from the HRC or EEOC, or can give a specific explanation to justify the business necessity. EEOC defines business necessity as elements of a job that require an employee to have certain language skills in order to:

    1. Make the job safe for employees or customers;
    2. Communicate with customers, supervisors, and/or co-workers; or
    3. Understand instructions or training for the job.

    If the employer can justify the language requirement, the order taker determines the type of ability that is required and records it as a job related requirement.

    If the employer indicates that approval for a BFOQ that is not included in the business necessity reasons given above has been obtained from the HRC or EEOC, the order-taker first requests and receives a copy of the approval before accepting the job order.

    If the employer indicates she/he does not have approval from HRC or EEOC, ESD Labor Exchange as well as other staff who are performing a labor exchange function, will request a specific explanation of why the employer believes the language requirement is necessary. The order-taker then contacts the department’s Diversity Manager in the Human Resource Management Office at (360) 902-9530.

    The Diversity Manager will consult with HRC or EEOC if necessary. If the language requirement is approved, the order-taker documents the agreement, records the name and date of the contact on the record, and records the request as a job-related requirement. If the language requirement is not approved, due to the possibility of the department being held liable in aiding in a discriminatory act, the job order cannot be taken with the requirement.

    If technical assistance is required, the employer is to be given the telephone number of HRC (360) 753-6770, or EEOC (206) 220-6883.

    For further information on acceptable language requirements, contact the ESD Diversity Manager at (360)902-9534   

13. Minor Employment Requirements - When a job order is received on which minors (under age 18) may be referred, the order-taker reminds the employer that:    

•  Non-agricultural employers apply to the Washington State Department of Labor and Industries (L&I) for a permit to employ minors prior to employing minors.
     

• Agricultural Employers obtain a permit from L&I to employ minors within three days after hiring a minor. 

Unless exempted by federal or state law, every employer who employs one or more minors has such a permit posted in plain view of all employees within the confines of the work place. 

The rules are significantly different for non-agricultural and agricultural employment.  More information can be found at http://www.lni.wa.gov/scs/workstandards/teenworker.htm    

14. Polygraph (Lie Detector) Testing Requirements - The Employee Polygraph Protection Act prevents most private employers from using lie detector tests to screen job applicants or to test current employees, unless the workers are "reasonably suspected" of involvement in workplace theft or other conduct causing economic loss to the employer. There are some exemptions relating mostly to national defense and security, but there are restrictions on the use of exemptions.

    The order-taker does not accept a job order requiring applicants to submit to lie detector tests as part of a pre-employment screening process. If the employer asserts that the particular circumstance is an exemption, the order-taker contacts the Department's Human Resource office prior to accepting the job order.

    NOTE:  This section does not apply to the United States Government, any state or local government, or any political subdivision of a state or local government.
       

15. Private Employment Agencies - The Wagner-Peyser Act, as amended, Section 49l (b)(1) and the United States Code (USC), Title 29, Chapter 4B, Section 49l (b)(1) state: "Nothing in this Act shall be construed to prohibit the referral of any applicant to private agencies as long as the applicant is not charged a fee." This amendment to the Act makes it possible for private employment agencies to request that job orders be accepted by local service delivery sites. No job orders will be accepted from employers that would result in a fee being charged to the applicant. 

     Job orders where the fee is to be paid by the employer are accepted as long as the following conditions are met and a "Private Employment Agency Job Referral Agreement" with that agency is in effect and noted on the SKIES employers note screen. 
       

    1. Written Assurances - A private employment agency provides written assurance that: (1) they have a definite, specific job order from an employer in which the employer is paying the fee; (2) any applicants referred to them by the local service delivery site are not solicited, pressured, or encouraged to sign contracts with the private agency; and (3) the applicant referred by the local service delivery site is referred only on the job order listed. 

       The required assurances are in the form of a signed "Private Employment Agency Job Referral Agreement" located in the back of this Job Order Taking Policy.  (Appendix A)
          

    2. Job Order Information - The private agency provides all required job order information necessary for statistical, file search, referral, and result-verification purposes, and to ensure the job order is nondiscriminatory.
          

    3. Referral Information - The private agency agrees to provide the referring local office with the results of every referral within ten working days of such referral.   
          

    4. Applicant Notification - The local service delivery site provides written notification to the applicant containing information that the referral is to a fee-charging private employment agency; the job referral is to a position where the fee is being paid by the employer; the applicant is under no obligation to sign any contract with the private agency; and any attempt to solicit, coerce, or pressure the applicant to sign a contract. Any complaints from applicants that they have been pressured or coerced by a private agency as a result of a referral by the local service delivery site are handled as a complaint through the normal complaint procedures.
       

    5. Private Employment Agency Job Referral Agreement - The facsimile job referral agreement  is used by all local service delivery sites that receive job order requests from private employment agencies.

       Regardless of the number of job orders being placed by a single private employment agency, only one job referral agreement needs to be in effect with each local service delivery site for each private agency. The agreement requires the signature of the private employment agency's legal representative. The private employment agency's Department of Revenue registration or IRS number is also appropriately inserted as required. The local service delivery site formally receives the document by signing and dating the agreement as indicated. Job referral agreements remain in effect until superseded or terminated. The document retention for job referral agreements that have been superseded or terminated is 12 months. Job referral agreements should be recorded in the employer record screen in SKIES for future reference.  Local office management should review Job Referral Agreements with Private Employment Agencies at least annually.
        

    6. Local delivery sites will not accept job orders or make referrals to Private Employment Agencies who on behalf of employers are recruiting for a position or positions that are vacant because of a strike, because employees have been locked out or when the filling of the job opening is otherwise an issue in a labor dispute involving a work stoppage.
          

16. Recruitment for People With Disabilities - Local office delivery sites can accept job orders from employers requesting to hire people with disabilities if the job order meets certain conditions.  Local office sites can also limit referrals to these job orders to people with disabilities.  Code of Federal Regulations, 29 CFR 32.15 (b) permits recipients of Federal financial assistance from the Department of Labor to "invite applicants for employment or training to indicate whether or not" they have a disability, if certain criteria are met.  The criteria are as follows:
    
    The employer must be either:
    
    a. Taking voluntary action to overcome the effects of conditions that resulted in limited participation in the recipients federally-assisted program or activity, or
    
    b. Taking affirmative action pursuant to section 503 of the Rehabilitation Act.
    
    The employer must clearly state on any application form or must make clear orally (if no written application form is used), the disability-related information requested will be used solely in connection with the recipient's remedial action obligations or its voluntary or affirmative actions efforts.
    
    The employer must also clearly state that the information is being requested on a voluntary basis, that it will be kept confidential as provided by 29 CFR 32.15 (d).  Refusal to provide the information will not subject the applicant, employee or participant to any adverse treatment and that it will be used only in accordance with the law. 
     

17. Union or Non-Union Specifications - A job order that requires an employee to join a labor organization on or after a specified time period is accepted, provided the employer is acting pursuant to the employer's agreement with a labor organization. Example: In the case of the building and construction industry, an employer union agreement provision may read ". . . to join such organization after the seventh day of employment . . .". Such a job order is acted upon unless the requirement that the employee join a labor organization on or after the period specified violates a provision of applicable state or local law. However, a job order specifying membership in a labor organization as a condition of employment may be in violation of federal, state, or local law. For example, for employers subject to the National Labor Relations Act, as amended, a job order that specifies that applicants are either members, or nonmembers, of a labor organization in order to be hired, is contrary to the provisions of that Act; therefore, such a job order is not accepted. If assistance is required in determining the legality of a particular union or non-union specification, the order-taker should contact the nearest Labor and Industries office. 
     

18. Wage Requirements - There are numerous considerations regarding the wages offered by the employer or required by federal or state laws or regulations. 

Minimum wage must always be a consideration during the job order-taking process. Both federal and state employment laws say that if two minimum wages apply, the worker must receive the higher of the two wages. 
   
There are exceptions to minimum wage requirements.  Examples of these exceptions can be found at http://www.lni.wa.gov/IPUB/700-083-000.pdf.

Unless exempted by federal or state law, every employer who employs one or more minors has such a permit in plain view of all employees within the confines of the work place or in a conspicuous place at the work site, as specified in the permit.  L&I rules governing the employment of minors cover subjects such as:

a. Hours of work, meals and rest periods;

b. Prohibited and hazardous employment;

Fourteen (14) and fifteen (15) year old minors can be paid 85% of the minimum wage.  Special working restrictions apply for minors under age 16 and they must have parental and school authorization to work.

In addition, if the employer of record is the federal government, federal minimum wage for federal positions is acceptable even though it may be less than the state minimum wage.

In situations where staff are unsure what minimum wage applies, or if minimum wage applies at all, they SHOULD contact the nearest Labor and Industries (L&I) local office for assistance. L&I is the enforcement agency in Washington regarding issues involving wages, hours and/or working conditions. 

NOTE:  The state's minimum wage is recalculated each year in September as a result of an initiative approved by voters in 1998.  It ties the minimum wage to changes in the federal consumer Index for Urban Wage Earners and Clerical Workers (CPI-W).  Therefore, Washington's minimum wage any change every year.  Any change in Washington's minimum wage will be effective January 1 of each year.  Job orders will need to comply with whatever the new state minimum wage will be, unless the job order is from a legal entity, such as a neighboring state, federal or tribal reservation that have a legal right to pay less than our state's minimum wage. 

SKIES NOTES:  Wage requirements on a Job Order must be entered in the SKIES Job Order screen.

19. WORK OPPORTUNITY/WELFARE-TO-WORK TAX CREDITS (WOTC/WTW)- Job orders from employers requesting only individuals pre-screened under the (WOTC/WtW) programs or job orders indicating a preference for individuals pre-screened under WOTC and/or WtW are accepted. In addition, job orders specifically requesting 16 and 17 year old "WOTC Summer Youth"  are accepted provided the start date for the job is between May 1 and September 15. 
       
    Job orders from employers that include WOTC/Eligibles Accepted and WOTC/Eligibles Requested will have that information added to the JOB TYPE tables in SKIES.  The definitions for those two items in SKIES are:
    
    WOTC Eligibles Acceptable: The employer is willing to interview individuals who have been identified as WOTC eligible for consideration.
    
    WOTC Eligibles Requested: The employer is requesting that WOTC Eligibles be referred to them for consideration in filling their job openings. This indicates that the employer is participating in the WOTC program and is recruiting WOTC Eligibles..  It does not mean that only WOTC eligible are referred.  The discrimination laws prohibit us from referring only those persons who are WOTC eligible to an employer based on their program eligibility. 
       
    Additional information can be found in Policies and Procedures communication number 4081, Work Opportunity and Welfare-to-Work Tax Credit Programs,  or by contacting the ESD  WOTC Administrative Unit.

INFORMATION AND GUIDANCE:

A. Areas Served by Other Local Service Delivery sites
B. Drug Testing Requirements
C. Job Orders on Hold
D. Non-Smoking Specifications  
E. Out-of-State Employers 
F. Self-Employment
G. Labor Market Information

 

1. Areas Served by Other Local Service Delivery Sites - A job order may be accepted from an employer who prefers to list the job order outside the local service area.  The job order taker will immediately bring the situation to the attention of local management with the local service delivery site having jurisdiction to insure coordination of services between the local service delivery sites.
    

2. Drug Testing Requirements - Employer job orders requiring drug testing as a pre-employment screening requirement are accepted provided: (a) the employer requires all final selected qualified applicants, or all applicants for specific occupational classification, to take the test; (b) the employer pays for the tests for all applicants being hired; and (c) WorkSource staff clearly explain the requirement to all job applicants prior to referral.
    

3. Job Orders on Hold - When a local office staff receives a complaint verbally or in writing from a job seeker that an employer has violated the terms of their employment agreement, such as non-payment of wages, it is recommended that the job seeker be referred to Labor and Industries (L&I) to file a complaint. L&I is the enforcement agency in Washington State regarding issues involving wages, hours and/or working conditions.

   Once local office staff have determined that there is reason to further investigate a job seeker complaint against en employer, it is recommended that local office put any existing job orders on hold until the complaint or complaints have been resolved.  It is also recommended that Go2 staff remove any existing job listings from those employers from the Go2 website until the complaint or complaints are resolved as well. 
     

4. Non-Smoking Specifications - Based on the understanding that smokers are not considered a protected group, job orders with non-smoking specifications are acceptable. It is important, however, that job orders clearly reflect employers' actual policies. Thus, if an employer's policy is to not allow smoking in the workplace, a statement such as "employer's facility is a smoke-free environment" is entered in the job summary section of the Job Order notepad screen. If an employer's policy is to not hire smokers, a statement such as "employer hires only non-smokers" is used. The order-taker informs employers that such restrictive policies may screen out some very well-qualified applicants. 
    

5. Out-of-State Employers - If a job order is received from another state, the job order is accepted as long as it is from a genuine employer who has a legitimate job opening or openings. It is recommended that the order-taker contact a local office in the other state to verify authenticity of that employer and insure that the employer is not engaged in a labor dispute or in a work stoppage. 
    

6. Self-Employment - Openings for positions in which a person is considered to be self-employed do not meet the definition of a job order. Under the definition of a job order, there is an "employer" who has an immediate opening for a worker. This condition is not met in the case of self-employed individuals as there is no employer-employee relationship.

   Businesses requesting services under these circumstances are questioned as to whether the person is working for the employer directly or working independently. Probably the easiest test in this situation is to ask if wages are withheld for tax purposes. If not, it can be assumed the worker is self-employed.

   Self-employment opportunities are posted as public information, but are never to be entered into the automated system or serve as the basis for referral and placement.

7. Labor Market Information - When an order-taker receives a job order offering wages, hours, or working conditions substantially below the standard in the community for the type of work, the order-taker will tactfully tell the employer that the job order falls below community standards. That a similar position was filled at a higher salary and the local office may have a difficult time in finding a qualified applicant to work at that salary.  

   COLLECTING JOB ORDER INFORMATION IN SKIES 

   Employer Job Order information must be collected in order to facilitate a successful job match. Such information would include:

   1. The date the job is to start;   

   2. The worker qualifications required to satisfactorily perform the job: 
        

      1. Education;   

      2. Training;    

      3. Physical capabilities;   

      4. Legal requirements, such as occupational licenses, contractor registration, bonding, insurance, etc.; and   

   3. The job description information:

   1. Tasks to be performed by the worker, including identification, priority and frequency of the tasks

   2. Responsibilities of the worker regarding relationship to other workers,     administration or the public; and;    

   3. Machines, tools and/or equipment to be used; quantity and quality of work produced.   

   4. The details of the employment contract (i.e., wages, pay period, fringe benefits, etc.)

   4. The instructions for the arrangement of an employment interview between the employer and the applicants selected for referral (i.e., telephone, in person, resume, e-mail, etc.)   

   5. Any special recruiting or follow-up instructions regarding job referral activity.   

   6. The number of applicants the employer wants to interview.

   7. Selecting an O*Net code by typing the O*Net title or description of job duties in employer job order description screen.

   8. Include at least one of the following unique employer identifier number in the job order:  a) Employment Security (ES) Reference number,
      b) Unified Business Number Identifier (UBI) or
      c) Federal Employer Identification Number (FEIN). 
      A Social Security number may be substituted for an FEIN if the employer is not required to have a FEIN.
      
      NOTE:  For job orders with less than Washington's minimum wage, local office staff will need to use the checkbox in SKIES labeled "Non Wa State Min Wage, Commission or Piece Rate". Once the checkbox is checked, a minimum or maximum salary is no longer required.  However, local office staff, must use the description field to indicate the actual salary.

   Once all necessary information is obtained, the order-taker informs the employer of the general steps that will be taken in order to fill the job opening.  

   GUIDELINES FOR POSTING JOB ORDERS ON GO2WORKSOURCE.COM     

   NOTE: Employers can enter their own unsuppressed job orders directly into the go2worksource website. The guidelines for employers to post a job order on the go2worksource.com website are listed below.   Employers who violate these guidelines will have their job listing removed from this database with or without notice.

       A.   Employer may not require monetary investment by the job seeker. 
       B.   Employer may not charge a fee to the job seeker.  
       C.   The position the employer is recruiting for is not involved in a labor dispute.
       D.   Employer job order contains no illegal, offensive, or unsuitable content.
       E.   The job specifications are not discriminatory on the basis of sex, national origin or  
              citizenship, religion, language or age, unless supported by a federal or state law or by
              a Bona Fide Occupational.  
        F.   Employer fails to comply with employment related laws.

   Go2Worksource staff will also remove employer job listings from the site if the employer is recruiting for a position that is vacant because of a strike, employees have been locked out or when the filling of the job opening is otherwise an issue in a labor dispute involving a work stoppage.

   It is the employer's responsibility to provide contact information so that job seekers may apply for the job directly and to abide by these guidelines as well as all applicable laws and regulations.

   Job postings will be accepted only for current job openings within the State of Washington with an employer that: (a) currently has a work site location to which workers who are legally entitled to work in the United States may be referred for employment and which proposes to employ a worker; and (b) has an employer relationship with respect to employees as indicated by the fact that the employer hires, fires, pays, supervises and otherwise controls the work of the employee.

   For jobs in Washington State, employers must pay each employee who is age 18 or older at least the minimum hourly established under RCW 49.46.020 as calculated by the Department of Labor and Industries.  A private employment agency is considered an "employer" in its role as an agent acting on behalf of the employer.

   Self Employment and Business Opportunities - An opportunity for a person to run their own business does not constitute an employer-employee relationship.  Openings for positions in which a person is considered to be self-employed are not allowed.  Job postings on Go2WorkSource.com are limited to job openings for which an employer-employee relationship exists, there is an "employer" who has an immediate opening for a worker for whom wages are withheld for tax purposes.  This condition is not met in the case of self-employed individuals, as there is no employer-employee relationship.

   List Building - Names and personal information of WorkSource job seekers shall not be used for the purpose of building up lists for marketing purposes or for possible future use.  Job postings are allowed only when an immediate job opening exists.  Use of personal information to contact WorkSource job seekers for any non-employment related purpose is expressly prohibited.

DEFINITIONS

1. Employer -  A person, firm, corporation, or other association or organization that:  (a) currently has a location within the United States to which U.S. workers may be referred for employment, and which proposes to employ a worker at a place within the United States; and (b) has an employer relationship with respect to employees as indicated by the fact that the employer hires, fires, pays, supervises, and otherwise controls the work of the employee.  A private employment agency is considered an "employer" in its role as an agent acting on behalf of the employer. 
      

2. Job Opening - A single job opportunity for which the local service delivery site has on file a request (job order) to select and refer an applicant or applicants.
      

3. Job Order - Job orders will be accepted from employers that: (a) currently has a work site location to which workers who are legally entitled to work in the United States may be referred for employment and which proposes to employ a worker; and (b) has an employer relationship with respect to employees as indicated by the fact that the employer hires, fires, pays, supervises and otherwise controls the work of the employee.
    

4. Labor Exchange - Labor Exchange services are defined as the ability to assist job seekers in finding jobs and employers in finding qualified workers. Some of these services include, but are not limited to, job search assistance, job referrals and placement assistance for job seekers.  Services to employer, in addition to referrals of job seekers to available job openings, include matching job seeker experience with job requirements, assisting employers with special recruitment needs, assisting with arranging for job fairs, helping employers deal with layoffs and assisting employers analyze hard-to-fill job orders.
      

5. Suppressed Job Orders – Job orders wherein all employer identifying information is withheld.  Job seekers must contact the order-holding office in order to access the employer identifying information and receive referral instructions.  Suppressed job orders are entered into the data collection system by ESD Labor Exchange staff. Suppressed job orders are referred as WA job order in SKIES.
      

6. Unsuppressed Job Orders  - Job orders wherein the employer identifying information is accessible by job seekers or whomever else wishes to view the information.  Job seekers contact the employer directly based on the referral instructions contained in the order. Unsuppressed job orders are generally entered directly into America’s Job Bank (AJB) by employers, although ESD Labor Exchange staff, may enter unsuppressed job orders as a service for employers.  Unsuppressed job orders are referred to as WS job orders in SKIES.
      

7. WorkSource Washington - A set of at least 12 WorkSource Development Areas located throughout the state.  There is at least one WorkSource Center in each of the 12 Workforce Development Areas (WDA). Each full service WorkSource Center offers all core programs and services on-site, and act as a broker to other services such as training or support services.  Affiliates operate on a smaller scale than the WorkSource Centers and focus more on specific populations or services.  

REFERENCES

The Workforce Investment Act (WIA) of 1998 (WorkSource); the Wagner-Peyser Act as amended by WIA (Labor Exchange); Title 38, USC, Chapters 41 and 42 (Veterans); the Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652 (Labor Exchange) and Chapter IX, Parts 1001 and 1005 (Veterans).

SUPERSEDES

This communication cancels and supersedes Policies and Procedures communication number 7004, dated January 4, 1993.

WEB SITE

http://www.wa.gov/esd/policies

DIRECT INQUIRIES TO

Oscar Trevino
Employment Security Department
Employment and Training Division
Workforce Investment Act (WIA) Title III (Wagner-Peyser)
P.O. Box 9046, Mail Stop 6000
Olympia , WA  98507-9046
E-Mail: otrevino@esd.wa.gov         
Telephone:  (360) 438-4653
Fax:  (360) 438-3174
TTY:  (360) 438-3167 (temporarily)

_________________________________________________________
APPENDIX A

  CONDITIONS OF JOB REFERRAL TO PRIVATE
EMPLOYMENT AGENCY

You are being referred to a fee-charging private employment agency that has a signed JOB REFERRAL AGREEMENT with this service delivery site.  That agreement provides in part:

1.   That you will be referred by the agency only to the specific employer job opening designated in the order listed by the agency with this service delivery site.
   

2.   That you will not be charged or assessed any fee by either the agency or the employer for services provided by the agency.
   

3.   That any fee charged by the agency will be paid by the employer.
   

4.   That you will not be solicited, pressured, or encouraged by the agency to enter into or sign a contract for services provided by the agency.
   

5.   That you are under no obligation to sign a contract with the agency for referral service.

Any attempt by the agency to encourage, solicit, pressure, or otherwise induce you to enter into an agreement or contract, or to collect a fee is to be reported immediately to this service delivery site.

Local Service Delivery Site Name, Address, and Telephone Number

JOB REFERRAL AGREEMENT

_________________________________________, a private employment agency, (hereinafter called the "AGENCY") hereby enters into agreement with the Washington State WorkSource system at _________________________________________ (Local Service Delivery Site) (hereinafter called  "WORKSOURCE") for the purpose of describing the process whereby WORKSOURCE may accept job orders from and make job referrals to the AGENCY.

In consideration of receiving services provided by WORKSOURCE, the AGENCY agrees to the following conditions:

1. The AGENCY, at its discretion, may request referral of job applicants from WORKSOURCE when a definite, specific job order has been received from an employer who will pay the full fee for the services provided by the AGENCY.
      

2. The AGENCY shall provide the WORKSOURCE all information necessary to ensure that the job order is consistent with DEPARTMENT policies and procedures.
      

Contingent upon the Agency's approval of this Agreement:

1. WORKSOURCE, at its discretion, may refer job applicants to the AGENCY.
      

2. WORKSOURCE shall provide each person referred to the AGENCY with the following written information:
      

   1. That the referral is to a fee-charging private employment agency.
         

   2. That persons referred to the AGENCY by WORKSOURCE will be referred by the AGENCY only to the specific employer job opening designated in the order listed by the AGENCY with the WORKSOURCE.
         

   3. That the person referred to the AGENCY will not be charged or assessed any fee by either the AGENCY or the employer for services provided by the AGENCY.
         

   4. That the person referred to the AGENCY will not be solicited, pressured, or encouraged by the AGENCY to enter into or sign a contract for services provided by the AGENCY.
         

   5. That there is no obligation to sign a contract with the AGENCY for referral service.
         

   6. That any attempt by the AGENCY to encourage, solicit, pressure, or otherwise induce the person referred to enter into an agreement or contract, or to collect a fee is to be reported immediately to the WORKSOURCE.

Termination

WORKSOURCE may terminate this Agreement in whole, or in part, for convenience, or at any time it is determined that the AGENCY has failed to comply with the terms of this Agreement.  WORKSOURCE shall promptly notify the AGENCY in writing of the termination and the reasons for termination, together with effective date of termination.

Either party may without cause, at any time during the term of this Agreement, terminate this Agreement by giving a thirty (30) day written notice of its intention to terminate.  If the party giving the termination notice does not withdraw the notice by writing, this Agreement shall terminate upon expiration of the thirty (30) day period.

Upon termination, WORKSOURCE will immediately cease referrals to the AGENCY and cancel any active AGENCY job orders.

Changes, Modifications, and Amendment

This Agreement may not be changed, modified, or amended.  The AGENCY may suggest changes, modifications or amendments which might be incorporated in a new agreement if approved by the Commissioner of the Employment Security Department or his/her designee.

Nondiscrimination

During performance under this Agreement, the AGENCY will comply with the terms of the following nondiscrimination provision, as well as the federal and state laws and regulations governing equal employment opportunity.

No person shall, on the grounds of race, creed, color, religion, sex, marital status, national origin, age, sexual orientation, sensory, mental, or physical disability, or political affiliation be discriminated against or denied referral services under this Agreement, provided that the prohibition against discrimination in referral services because of disability shall not apply if the disability prevents the proper performance of the work as stated in the job order.

In the event the AGENCY refuses to comply with this provision, this Agreement will be suspended or terminated by WORKSOURCE

Use of Name Prohibited

The AGENCY shall not in any way contract on behalf of or in the name of WORKSOURCE.  No informational pamphlets, notices, press releases, research reports, or similar public notices concerning this Agreement will be released by the AGENCY without obtaining prior written approval of the WORKSOURCE.

Independent Capacity of AGENCY

It is declared that the AGENCY and any agents or employees of the AGENCY in the performance of this Agreement are acting independently and not in any manner as officers, employees or agents of the WORKSOURCE or the state of Washington.

Indemnification

The AGENCY shall protect, save and hold harmless WORKSOURCE from all claims, costs, damages, or expenses arising out of the negligence or deliberate act or omission of the AGENCY.  Likewise,  WORKSOURCE shall protect, save, and hold harmless the AGENCY from all claims, costs, damages, or expense arising out of negligence or deliberate act or omission of WORKSOURCE.  In the case of negligence of both WORKSOURCE and the AGENCY, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party.

This Agreement sets forth in full the entire Agreement of the AGENCY.  Any prior agreement, representation or understanding, verbal or otherwise, between the AGENCY and WORKSOURCE is hereby deemed to be null and void and of no force and effect whatsoever.

If any provisions of this Agreement shall be deemed in conflict with any statute or rule of law, such provision shall be considered modified thereby into conformance with said statute or rule of law.

Period of Performance

Subject to its other provisions, this Agreement shall be effective on the date the signed Agreement is received by the WORKSOURCE.  This Agreement will remain in effect until superseded or terminated as provided herein.

_____________________________________
Private Employment AGENCY Representative

_______________
Date of Signature

___________________________________________                 
Department of Revenue Registration, IRS Number or UBI number

____________________________
WORKSOURCE Representative

____________
Date Received