PART 651—GENERAL PROVISIONS GOVERNING THE WAGNER-PEYSER ACT EMPLOYMENT SERVICE Authority: 29 U.S.C. 49a and 49k; 38 U.S.C. 101, chapters 41 and 42; Secs. 3, 189 and 503, Pub. L. 113-128, 128 Stat. 1425 (Jul. 22, 2014). § 651.10 Definitions of terms used in this part and parts 652, 653, 654, and 658 of this chapter. In addition to the definitions set forth in sec. 3 of the Workforce Innovation and Opportunity Act (WIOA), codified at 29 U.S.C. 3101 et seq., Act et seq. Administrator, Office of Workforce Investment (OWI Administrator) Agent Agricultural employer Agricultural worker Farmworker. Apparent violation complaint Applicant holding office Applicant Holding State Bona fide occupational qualification (BFOQ) Career services Clearance order Clearance system Complainant Complaint Complaint System Representative Criteria clearance order Decertification Department Discontinuation of services Employer Employment and Training Administration (ETA) Employment-related laws Employment Service (ES) office Employment Service (ES) Office Manager Employment Service (ES) regulations Employment Service (ES) staff Establishment Farm labor contractor Farmwork Farmwork Farmworker Field checks Field visits Governor Hearing Officer Individual with a disability Interstate clearance order Intrastate clearance order Job development Job information Job opening Job order Job referral (1) The act of bringing to the attention of an employer a participant or group of participants who are available for specific job openings or for a potential job; and (2) The record of such referral. “Job referral” means the same as “referral to a job.” Labor market area Joint employer Local Workforce Development Board Local WDB Migrant farmworker MSFW Non-criteria clearance order Occupational Information Network (O*NET) One-stop center One-stop delivery system One-stop partner O*NET-SOC Onsite review Order holding office Outreach contact Outreach staff Participant See (1) The following individuals are not participants, subject to § 677.150(a)(3)(ii) and (iii) of this chapter: (i) Individuals who only use the self-service system; and (ii) Individuals who receive information-only services or activities. (2) ES participants must be included in the program's performance calculations. Placement (1) Prepared a job order form prior to referral, except in the case of a job development contact on behalf of a specific participant; (2) Made prior arrangements with the employer for the referral of an individual or individuals; (3) Referred an individual who had not been specifically designated by the employer, except for referrals on agricultural job orders for a specific crew leader or worker; (4) Verified from a reliable source, preferably the employer, that the individual had entered on a job; and (5) Appropriately recorded the placement. Public housing Regional Administrator (RA) Reportable individual see (1) Individuals who provide identifying information; (2) Individuals who only use the self-service system; or (3) Individuals who only receive information-only services or activities. Respondent Seasonal farmworker Secretary Significant MSFW States Significant MSFW one-stop centers Solicitor Standard Metropolitan Statistical Area (SMSA) (1) At least 1city of 50,000 inhabitants or more; or (2) Twin cities with a combined population of at least 50,000. State State Administrator State agency State Workforce Agency (SWA) State hearing official State Workforce Agency (SWA) official State Workforce Development Board State WDB Successor in interest (1) Substantial continuity of the same business operations; (2) Use of the same facilities; (3) Continuity of the work force; (4) Similarity of jobs and working conditions; (5) Similarity of supervisory personnel; (6) Whether the former management or owner retains a direct or indirect interest in the new enterprise; (7) Similarity in machinery, equipment, and production methods; (8) Similarity of products and services; (9) The ability of the predecessor to provide relief; and (10) For purposes of discontinuation of services, the involvement of the firm's ownership, management, supervisors, and others associated with the firm in the violation(s) at issue. Supply State(s) Supportive services (1) Linkages to community services; (2) Assistance with transportation; (3) Assistance with child care and dependent care; (4) Assistance with housing; (5) Needs-related payments; (6) Assistance with educational testing; (7) Reasonable accommodations for individuals with disabilities; (8) Referrals to health care; (9) Assistance with uniforms or other appropriate work attire and work-related tools, including such items as eyeglasses and protective eye gear; (10) Assistance with books, fees, school supplies, and other necessary items for students enrolled in postsecondary education classes; and (11) Payments and fees for employment and training-related applications, tests, and certifications. Tests (1) Title 41 CFR part 60-3, Uniform Guidelines on Employee Selection Procedures; (2) Title 29 CFR part 1627, Records To Be Made or Kept Relating to Age; Notices To Be Posted; Administrative Exemptions; and (3) The Department of Labor's regulations on Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, which have been published as 29 CFR part 32. Training services Unemployment insurance claimant Veteran Wagner-Peyser Act Employment Service (ES) also known as Employment Service (ES) Week WIOA et seq. Workforce and Labor Market Information (WLMI) (1) Employment numbers by occupation and industry; (2) Unemployment numbers and rates; (3) Short- and long-term industry and occupational employment projections; (4) Information on business employment dynamics, including the number and nature of business establishments, and share and location of industrial production; (5) Local employment dynamics, including business turnover rates; new hires, job separations, net job losses; (6) Job vacancy counts; (7) Job seeker and job posting data from the public labor exchange system; (8) Identification of high growth and high demand industries, occupations, and jobs; (9) Information on employment and earnings for wage and salary workers and for the self-employed; (10) Information on work hours, benefits, unionization, trade disputes, conditions of employment, and retirement; (11) Information on occupation-specific requirements regarding education, training, skills, knowledge, and experience; WLMI also may include, as either source data or as outputs of analysis of source data: (12) Population and workforce growth and decline, classified by age, sex, race, and other demographic characteristics; (13) Identification of emerging occupations and evolving skill demands; (14) Business skill and hiring requirements; (15) Workforce characteristics, which may include skills, experience, education, credential attainment, competencies, etc.; (16) Workforce available in geographic areas; (17) Information on regional and local economic development activity, including job creation through business start-ups and expansions; (18) Enrollments in and completers from educational programs, training and registered apprenticeship; (19) Trends in industrial and occupational restructuring; (20) Shifts in consumer demands; (21) Data contained in governmental or administrative reporting including wage records as identified in § 652.301 of this chapter; (22) Labor market intelligence gained from interaction with businesses, industry or trade associations, education agencies, government entities, and the public; and (23) Other economic factors. Workforce and Labor Market Information System (WLMIS) Workforce development activity Working days business days Work test [81 FR 56333, Aug. 19, 2016, as amended at 85 FR 625, Jan. 6, 2020; 88 FR 82723, Nov. 24, 2023; 89 FR 14582, Feb. 28, 2024; 89 FR 34058, Apr. 29, 2024]