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2011 Work Opportunity Tax Credit allotments

Summary ETA issued final fiscal year 2011 state allotments for administering the Work Opportunity Tax Credit. It described the funding formula and required quarterly financial and performance reports, with attachments listing each state allotment and the WOTC statement of work. ETA now lists this year-specific advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 3-11
Date issued
July 18, 2011
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its signed letter prints Expiration Date: Continuing and Rescissions: None. The allotments covered fiscal year 2011.
Status last verified October 24, 2026

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This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its signed letter prints Expiration Date: Continuing and Rescissions: None. The allotments covered fiscal year 2011. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL3_11acc.pdf

                                                     CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION            WOTC
               ADVISORY SYSTEM                       CORRESPONDENCE SYMBOL
                                                     OWI
          U.S. DEPARTMENT OF LABOR
                                                     DATE
             Washington, D.C. 20210                  July 18, 2011



ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 3-11

TO:             ALL STATE WORKFORCE AGENCIES
                ALL STATE WORKFORCE LIAISONS

FROM:           JANE OATES /s/
                Assistant Secretary

SUBJECT:        Work Opportunity Tax Credit (WOTC) Fiscal Year 2011 Funding
                Allotments

l. Purpose. To provide the State Workforce Agencies (SWAs) with final funding
   allotments for the administration of the WOTC program through September 30, 2011.

2. References. The Full-Year Continuing Appropriations Act of 2011; Section 1221 of
   the American Recovery and Reinvestment Act (P.L. 111-5); Section 51 of the Internal
   Revenue Code of 1986, as amended; Wagner-Peyser Act, Section 7(d); Small Business
   and Work Opportunity Tax Act of 2007 (P.L. 110-28); Tax Relief and Health Care Act
   of 2006 (P.L. 109-432); Working Families Tax Relief Act of 2004 (P.L. 108-311); Small
   Business Job Protection Act of 1996 (P.L. 104-188); the November 2002, Third Edition
   of ETA Handbook 408 Handbook (the Handbook); and the August 2009 Addendum
   to the Handbook.

3. Background. On December 7, 2010, the Employment and Training Administration
   (ETA) issued program funds to the State Workforce Agencies (SWAs) from
   Continuing Resolution (CR) 1 and again on February 17, 2011 from CRs 2-4 for the
   uninterrupted administration of the WOTC program.

4. Funding. ETA is issuing the balance of Fiscal Year (FY) 2011 funds to the SWAs for
   the operation of authorized activities of the WOTC Program through September 30,
   2011. The balance of FY 2011 funds is being issued based on the appropriated level
   for FY 2010, which totaled $18,520,000, minus the 0.2 percent rescission required in
   the FY 2011 Appropriations Act, or $18,482,960. After allocating $20,000 for the
   Virgin Islands, funds are distributed to states by administrative formula with a
   $66,000 minimum allotment and a 95 percent stop-loss/120 percent stop-gain from
   the prior year allotment share percentage.




 RESCISSIONS                                        EXPIRATION DATE
 None                                               Continuing
                                              2

   The FY 2011 formula allotment data factors and related percentages are as follows:

    (1) Fifty percent based on each state's relative share of total certifications issued
        from October 1, 2009 through September 30, 2010 for the WOTC program;

    (2) Thirty percent based on each state's relative share of the Civilian Labor Force
        (CLF), averages for the 12-month period, from October 2009 through September
        2010; and

    (3) Twenty percent based on each state's relative share of adult recipients of
        Temporary Assistance for Needy Families (TANF), averages for the 12-month
        period, from October 1, 2008 through September 30, 2009.

   Attachment I shows the distribution of full FY 2011 WOTC funding amounts by state
   according to this formula, including those funds previously awarded in December
   and February.

5. General Administration. SWAs are responsible for administering the WOTC
   Program including the certification process, promoting the program to the employer
   sector, reducing and eliminating existing backlogs and reporting program data on a
   quarterly basis.

   In addition, the WOTC must be administered in accordance with the policies and
   procedural guidance set forth in the November 2002, Third Edition of ETA
   Handbook No. 408 (Handbook) and the August 2009 Addendum to this Handbook
   and Sec. 51 of the Internal Revenue Code of 1986, as amended. Current Federal
   Regulations at 20 CFR 658.400 Subpart E cover the complaint procedures. Other
   applicable requirements are listed in the Statement of Work (Attachment II).

6. Reporting. SWAs must report expenditures quarterly using the U.S. DOL ETA
   Financial Report (ETA-9130). Quarterly financial reports are due within 45 days
   following the end of each quarter. Timely submission of these reports is extremely
   important to ensure proper accounting of funds. Regional Offices will conduct a
   financial reconciliation at the end of the fiscal year. Questions regarding financial
   management and reporting for FY 2011 or for existing prior year fund balances
   should be addressed to the appropriate Regional Office.

   SWAs should use the Web-based EBSS Tax Credit Reporting System, currently in
   place, to report quarterly program activities and outcomes. A schedule of report due
   dates is available at: http://www.doleta.gov/business/incentives/opptax.
   Quarterly performance reports are due within 45 days following the end of each
   quarter.

7. Action Requested. State Administrators are requested to immediately transmit this
   TEGL to the appropriate staff.
                                          3

8. Inquiries. Questions regarding these allotments may be directed to the appropriate
   Regional Office.

9. Attachments:

  I. FY 2011 States’ Allotments
  II. WOTC Statement of Work

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL3_11att1.pdf

                                                            4
                                            Attachment I
                U. S. Department of Labor
          Employment and Training Administration
           Work Opportunity Tax Credits
            FY 2011 State Allotments


           State                         Amount

Total                                         $18,482,960

Alabama                                           291,281
Alaska                                             66,000
Arizona                                           466,217
Arkansas                                          221,574
California                                      2,169,138
Colorado                                          199,398
Connecticut                                       187,339
Delaware                                           66,000
District of Columbia                               66,000
Florida                                           940,019
Georgia                                           554,814
Hawaii                                             66,000
Idaho                                              79,041
Illinois                                          801,476
Indiana                                           476,580
Iowa                                              246,210
Kansas                                            206,917
Kentucky                                          263,226
Louisiana                                         361,040
Maine                                              95,492
Maryland                                          332,607
Massachusetts                                     316,145
Michigan                                          609,023
Minnesota                                         253,377
Mississippi                                       184,249
Missouri                                          459,385
Montana                                            66,000
Nebraska                                          128,298
Nevada                                            103,258
New Hampshire                                      66,000
New Jersey                                        433,957
New Mexico                                        141,978
New York                                          887,418
North Carolina                                    474,351
North Dakota                                       66,000
Ohio                                              956,608
Oklahoma                                          299,852
Oregon                                            230,891
Pennsylvania                                      606,722
Puerto Rico                                        89,412
Rhode Island                                       66,000
South Carolina                                    242,400
South Dakota                                       66,000
Tennessee                                         672,880
Texas                                           1,282,179
Utah                                              145,946
Vermont                                            66,000
Virginia                                          372,511
Washington                                        428,721
West Virginia                                     152,551
Wisconsin                                         372,479
Wyoming                                            66,000
    State Total                                18,462,960
Virgin Islands                                     20,000

Official attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2011/TEGL3_11att2.pdf

                                                       5

                                                                                                Attachment II

                                  Work Opportunity Tax Credit Program
                                          Statement of Work

Instructions.

State Workforce Agencies (SWAs) are to use the balance of Fiscal Year 2011 funds for the following
program activities:

    1.   Determining eligibility of individuals as members of targeted groups, on a timely basis, and
         performing a quality review by a second staff person for each determination within 48 hours of
         receipt.

    2.   Issuing employer certifications, denials, or notices of invalidation for tax credits on a timely basis
         and in accordance with the policies and procedures set forth in the ETA Handbook No. 408, Third
         Edition, November 2002 (the Handbook) and the August 2009 Addendum to the Handbook.

    3.   Processing existing backlogs.

    4.   Developing working agreements with partner agencies in the One-Stop Service Delivery System
         and coordinating efforts to promote WOTC to employers and job seekers and other Workforce
         Investment Act (WIA) partners.

    5.   Establishing and implementing an Appeals Resolution and Policy Clarification System in
         accordance with the guidelines provided in the Handbook (Chapter VIII, Section F, pp.VIII-5-8).

    6.   Establishing and maintaining appropriate forms review, record keeping, and reporting capability
         related to the orderly management of WOTC certification requests.

    7.   Establishing and maintaining an orderly system for regularly verifying the eligibility of a random
         sample of individuals certified under the WOTC Program and initiating effective corrective
         action when appropriate as indicated by results of such activities.

    8.   Negotiating formal cooperative agreements with local WIA areas, State Vocational Rehabilitation
         Agencies, Veterans Administration, Employment Networks and other state and local agencies
         and organizations for the purposes of issuing Conditional Certifications where appropriate,
         and/or augmenting WOTC outreach activities.

    9.   Negotiating formal cooperative agreements with appropriate state agencies, including the
         Departments of Health and Human Services, Agriculture, Housing and Urban Development and
         the Social Security Administration to expedite verification of information provided to the SWA
         when determining target group eligibility.

    10.   Training state and participating agency staff, and providing monitoring and technical assistance
         to these agencies, as appropriate, for conducting target group preliminary eligibility
         determinations and issuing Conditional Certifications.

    11.   Cooperating with employment and training organizations already working with the private
         sector such as: veterans’ organizations, employer committees, and WIA Boards to inform
         employers about the tax benefits to be derived from participation and the eligibility requirements
         under the WOTC Program.
                                                    6
Grant Agreement Conditions.

By entering into this agreement, the SWA agrees to the following conditions:

    1.   Provisions of the Internal Revenue Code of 1986, Section 51, as amended, must be adhered to in
         conducting the program. By law, the SWAs are designated as the ONLY agencies that can issue a
         Certification. The SWAs can enter into cooperative agreements with certain participating
         agencies and together provide other WOTC related program services (e.g., issuing Conditional
         Certifications, conducting outreach activities).

    2.   The most current edition of the program Handbook for the WOTC shall guide conditions and
         standards of performance for administration and operation of the program. The state shall
         maintain a verification and quality control process in accordance with guidance in this
         Handbook.

    3.   Funding utilization will be reviewed against the quarterly spending plan, and when expenditures
         are substantially below plan, ETA may de-obligate funds for redistribution.

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