Farmworker program and state monitor advocate agreements

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA – MA System and NFJP
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI - DNPTTA
             Washington, D.C. 20210                      DATE
                                                         February 14, 2018


ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 8-17

TO:             STATE WORKFORCE AGENCIES
                NATIONAL FARMWORKER JOBS PROGRAM GRANTEES
                STATE MONITOR ADVOCATES

FROM:           ROSEMARY LAHASKY /s/
                Deputy Assistant Secretary

SUBJECT:        Guidance on the Requirement for a Memorandum of Understanding (MOU)
                Between State Monitor Advocates (SMA) and National Farmworker Jobs
                Program (NFJP) Grantees

1. Purpose. To provide guidance on identifying the respective relationships, roles, and
   responsibilities of SMAs and NFJP grantees as they pertain to the MOU.

2. References.
      • 20 CFR 653.108
      • Training and Employment Guidance Letter No. 18-16

3. Background. Migrant and seasonal farmworkers (MSFWs) often face multiple language
   and cultural barriers to employment. To address these barriers and serve farmworkers as
   effectively as possible, it is important that SMAs, NFJP grantees, and the workforce system
   collaborate closely to improve the career and training options for these customers. In order
   to better deliver services to MSFWs, the Workforce Innovation and Opportunity Act (WIOA)
   regulations call for collaboration between the SMAs and the NFJP grantees. Specifically, the
   SMAs must establish an MOU with the NFJP grantees and may establish MOUs with other
   organizations serving farmworkers as appropriate. The SMAs and NFJP grantees, including
   Career Services and Training grantees (previously known as Employment and Training
   grantees) and Housing grantees, play an instrumental role in ensuring MSFWs have access to
   career pathways, job training, and other supportive services offered through the workforce
   development system to improve their livelihoods. Working together facilitates outreach
   worker contacts, job referrals, and provision of services between American Job Centers and
   NFJP grantees, and ultimately, helps ensure MSFWs have meaningful access to services in a
   way that meets their unique needs.

4. Requirements.
   The Wagner-Peyser Employment Service regulations on services to MSFWs include the
   following requirements:


 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

          •    20 CFR 653.108(k): The SMA must establish an ongoing liaison with WIOA sec.
               167 NFJP grantees and other organizations serving farmworkers, employers, and
               employer organizations in the State.

          •    20 CFR 653.108(l): The SMA must meet (either in person or by alternative means),
               at minimum, quarterly, with representatives of the organizations pursuant to
               paragraph (k) of this section, to: receive complaints; assist in referrals of alleged
               violations to enforcement agencies; and receive input on improving coordination with
               Employment Service (ES) offices or improving the coordination of services to
               MSFWs. To foster such collaboration, the SMAs must establish MOUs with the
               NFJP grantees and may establish MOUs with other organizations serving farm
               workers as appropriate.

5. MOU Components: Based on the above requirements pursuant to 20 CFR 653.108(l), the
   MOU must include the following:

          a. Meeting Frequency: At minimum, the SMA and NFJP must meet at least quarterly;
             however, the MOU can include language whereby both parties agree to meet more
             frequently.
          b. Meeting Format: Describe whether meetings will take place in person or by
             alternative means, i.e., via teleconference or via video conference, and include
             information on meeting logistics as applicable. The Department recommends that an
             in-person meeting should be conducted at least annually.
          c. Required Attendees: Participants must include, at minimum: 1) the SMA or, if the
             SMA is unavailable, an individual designated by the SMA; and 2) NFJP grantee
             representative(s).
          d. Complaints and/or Violations: Procedure for NFJP grantee to refer complaints and/or
             apparent violations to the State Workforce Agency (SWA). 1
          e. Enhance Coordination: On-going process for SMA to receive input on improving
             coordination with One-Stop Centers or improving the coordination of services to
             MSFWs in areas such as, outreach, referrals, complaints, etc., as described in Section
             3 above.
          f. Signatures: The MOU must be signed by an authorized signatory of the NFJP
             grantee, the SMA, an authorized signatory of the SWA, and any other signatory
             deemed necessary.

Further, the Department recommends that SMAs and NFJP grantees consider including the
following when developing the MOU:

      •   Purpose: Both parties should agree upon and state a purpose for the MOU.
      •   Non-financial Agreement: A statement that the MOU is a non-financial agreement.
      •   Confidentiality Agreement: An agreement to maintain confidentiality on all appropriate
          information consistent with all applicable laws and regulations.


1
    See information on the Complaint System at 20 CFR 658 Subpart E.

   •   Duration: The duration of the MOU and procedures for amending and/or terminating in
       the event that a different organization receives the NFJP award.
   •   MOU Renewal: Assurances that the MOU will be reviewed, and if substantial changes
       have occurred, revised and renewed no less than once every 4-year period to stay current
       with NFJP grant award cycles.
   •   Collaboration: A statement of collaboration intentions in which both SMAs and NFJP
       grantees describe their plans to work together to realize the program goals of the Monitor
       Advocate System and NFJP, and to avoid duplication of services. Examples include
       sharing information on how the SWA and the NFJP grantee: 1) will collaborate and how
       they may improve collaboration to provide services to MSFWs, including those who are
       English Language Learners; 2) will share information packets and outreach materials that
       are available in multiple languages; and 3) will each provide the language assistance
       necessary to afford MSFWs meaningful access to the programs, services, and information
       offered by the One-stop centers.
   •   Sharing Data: Procedure for sharing data on MSFW-related information, specifically
       outreach information needed by the SWA for reporting purposes.
   •   Professional Development: Commitment to cross-training staff and nourishing staff
       development. For example, the SWA can train NFJP grantees on employment services
       and vice versa; the SMA could also help train NFJP staff and outreach workers to
       identify and refer possible incidents of sexual harassment and human trafficking.
   •   Complaint System Education and Outreach: An agreement to work together to train on
       NFJP services and the complaint system. For example, SMAs and NFJP grantees can
       work together to educate workforce system partners on the complaint system and NFJP
       services. Also, NFJP grantees can agree to post Complaint System posters in their
       offices.
   •   Complaints and/or Violations: An agreement that all complaints and/or apparent
       violations that fall within the scope of the Complaint System (described at 20 CFR 658
       Subpart E) will be referred from the NFJP grantee to the SWA/local One-Stop for
       logging and processing. For example, NFJP grantee will provide the Complaint Form to
       prospective complainants when requested. In return, the SMA will provide the NFJP
       grantee with any information on resolutions.
   •   Emergency Assistance: Short-term MSFW emergency assistance procedures, including,
       but not limited to, basic necessities such as clothing, food, and transportation, should be
       addressed. For additional consideration of emergency assistance, refer to TEGL 18-16
       Section 8.
   •   Meeting Documentation: Develop agendas, list of attendees, notes and/or minutes, which
       may be shared with Regional Monitor Advocates (RMA) and NFJP Federal Project
       Officers (FPO) upon request.

Note: If there are multiple NFJP grantees within a state, it is permissible for the SMA to develop
an umbrella MOU that will cover all of the NFJP grantees within that state, so long as the MOU
covers each of the NFJP grantees’ responsibilities within their respective service areas in the state,
and the authorized representatives from each NFJP service area are signatories on the MOU.

As ETA observes the practices of developing the MOUs over time, ETA will work with the
RMAs to identify best practices and provide additional technical assistance as needed to support
this effort.

6. Action Requested. SMAs must collaborate with NFJP grantees, including Career Services
   and Training grantees and Housing grantees, to establish an MOU no later than one year
   from the date the TEGL is issued. The SMAs and NFJP grantees can reach out to their
   RMAs and NFJP FPOs, respectively, to help facilitate this process and ensure that MOUs are
   aligned with the regulations.

7. Inquiries. Please contact the appropriate RMA who can be found in this directory:
   https://doleta.gov/programs/MSFW/pdf/NATIONAL_MSFW_MONITOR_ADVOCATE_DI
   RECTORY.pdf.