State work-search law submissions to ETA

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 UI
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OUI/DL
             Washington, D.C. 20210                       DATE
                                                          March 15, 2019

ADVISORY:       UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 26-13,
                Change 3

TO:             STATE WORKFORCE AGENCIES

FROM:           MOLLY E. CONWAY /s/
                Acting Assistant Secretary

SUBJECT:        Request for Current Law on State Work Search Requirements

1. Purpose. To request that states provide to the Department of Labor (Department), in their
   submissions under Form MA 8-7, information pertaining to state work search requirements
   in effect as of October 1, 2018, for conformity purposes.

2. Action Requested. The Department reminds states to use the Form MA 8-7 to submit the
   required information described in section 4 of this Unemployment Insurance Program Letter
   (UIPL), as well as supporting statutes, regulations, policy and procedure memoranda, and
   precedential agency and court decisions, to the Department no later than 30 days after the
   date of issuance of this UIPL. States should e-mail submissions to
   [email protected].

3. Background. Section 303(a)(6) of the Social Security Act (SSA) requires, as a condition of
   a state receiving unemployment compensation (UC) administrative grants, that state law
   contain provisions for the “making of such reports, in such form and containing such
   information, as the Secretary of Labor may from time to time require, and compliance with
   such provisions as the Secretary of Labor may from time to time find necessary to ensure the
   correctness and verification of such reports.” Departmental regulations at 20 CFR 601.3, in
   part, implement this requirement by requiring the submission of “all relevant state materials,
   such as statutes, executive and administrative orders, legal opinions, rules, regulations,
   interpretations, court opinions, etc. . . .” Also, the regulations for the Unemployment
   Compensation for Federal Civilian Employees (UCFE) program at 20 CFR 609.1(d)(1) and
   for the Unemployment Compensation for Ex-Servicemembers (UCX) program at 20 CFR
   614.1(d)(1) require submission of certain documents to assure that states are properly
   administering these programs. The Trade Adjustment Assistance (TAA) program, which
   includes Trade Readjustment Allowances (TRA), provides similar regulatory requirements at
   20 CFR 617.52(c)(1).

   The Form MA 8-7 is the mechanism for implementing these submittal requirements, the
   purpose of which is to provide the Secretary of Labor (Secretary) with sufficient information
   to determine if: (a) state UC law conforms to the Federal Unemployment Tax Act (FUTA),
   so that employers in a state may qualify for tax credits; (b) state UC law conforms to Title

 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

   III, SSA, for the state to obtain administrative grants; and (c) the state fulfills its obligations
   under Federal UC programs.
4. Work Search Requirement in Federal Law. The Middle Class Tax Relief and Job
   Creation Act of 2012 amended Federal law to add Section 303(a)(12), SSA, to require, as a
   condition for grant eligibility, that state UC laws include a work search requirement. All
   states reported that they already had a work search requirement before the 2012 enactment.
   However, state laws vary widely in the number of contacts required of claimants, how states
   monitor those work search contacts, and the effect of failure to conduct an adequate work
   search, for a given week.

   On April 10, 2014, the Department issued UIPL No. 26-13, Change 1, and requested that
   states provide the Department with their statutes, regulations, policy and procedure
   memoranda, and precedential agency and court decisions relating to work search
   requirements. State statutes and regulations are often publicly available online. However,
   policies and procedures and decisions by the agency and courts that the agency deems of
   precedential value are frequently not readily available. The Department requested this
   information to help ensure that it had up-to-date information to enable oversight of the UC
   program.

   Now that states have had additional time to amend and revise their work search laws,
   policies, and procedures, the Department is requesting states provide, consistent with UIPL
   No. 27-07, copies of statutes, regulations, policy and procedure memoranda, and precedential
   agency and court decisions relating to work search requirements. To improve the
   Department’s understanding of how states interpret their laws and whether further guidance
   is needed, states should provide the following information:
            Whether each work search requirement is based on statute, regulation,
               and/or interpretation or policy: if available, states are to include citations
               and/or court case or appeal precedent references;
            Number of employer contacts or other work search activities required:
               indicate the number of employer contacts or work search activities that an
               individual must make each week to meet requirements for eligibility, if the state
               requires a specific number of contacts/activities; indicate the types of work search
               activities the state will recognize as acceptable and whether there are variations in
               the requirement based on occupation, geographic area, or other circumstances;
            Acceptable methods of employer contact: indicate whether individuals may
               apply for work in person, by phone, mail, fax, e-mail, web posting, etc.;
            Full-time/part-time work search: indicate the type of work for which
               individuals may apply (e.g., full-time, part-time, suitable, other); indicate whether
               there are any special requirements, including those for temporary help or day
               labor firms;
            Exemptions: indicate whether certain individuals are exempt from work search
               requirements (e.g., job-attached individuals, union members, seasonal workers,
               etc.);
            Reporting work search activities: indicate how often individuals must report
               work search activities to the UI agency and whether individuals must report by
               phone, online, in person, by mail, maintain a work search log, list on the
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               continued claim certification, etc., and what information the individual must
               provide;
              Reporting work search activities as part of the certification process: indicate
               whether the state requires the individual to record their work search activities into
               the state system as part of the certification process;
              Enforcement and monitoring: indicate how often work search contacts are
               reviewed (e.g., weekly, biweekly, randomly, etc.) and indicate whether the state
               verifies contacts by phone, by mail, etc.;
              Formal or informal warnings: indicate whether the state has a policy or practice
               where the failure to search for work or conduct an adequate search for work
               results in a formal or informal warning prior to disqualification or other penalty;
               and
              Consequences of failure to search for work: indicate whether the failure to
               search for work or conduct an adequate search for work results in disqualification
               or other penalty and indicate the nature of disqualification (e.g., number of weeks
               or re-qualifying wages required), if applicable.

   States are reminded, as they make changes to state laws, to submit all conformity materials
   using the Form MA 8-7 to update the information previously provided and to allow for
   continuous review of state law for conformity purposes.
5. Inquiries. Please direct inquiries to the appropriate regional office.

6. References.

      Section 303(a) of the Social Security Act (SSA), 42 U.S.C. 503(a);
      Federal Unemployment Tax Act (FUTA), 26 U.S.C. 3301 et seq.;
      Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96);
      20 CFR 601.3, 609.1(d)(1), 614.1(d)(1), and 617.52(c)(1);
      Unemployment Insurance Program Letter (UIPL) No. 27-07, Required Submission of
       Unemployment Compensation Materials Using Form MA 8-7;
      UIPL No. 26-13, Extension of Approval and Reminder of Requirement to Use Form MA
       8-7, Transmittal for Unemployment Insurance Materials;
      UIPL No. 26-13, Change 1, Request for Current Law on State Work Search
       Requirements; and
      Collection of Information, Transmittal of Unemployment Insurance Materials: OMB
       control number 1205-0222.

   OMB Approval. Persons are not required to respond to this collection of information unless
   it displays a currently valid Office of Management and Budget (OMB) control number. As
   described in UIPL No. 26-13 and shown in the attachment to the UIPL, OMB has approved
   the use of Form MA 8-7 for data collection under control number 1205-0222.

7. Attachment(s). Form MA 8-7 and instructions.

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Attachment Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2019/UIPL_26-13_Change_3_Attachment.pdf)

                                                                                                                                                  Attachment I

                                        Transmittal for Unemployment Insurance Materials
                                        US. Department of Labor Employment and Training Administration

                 To: U.S. Department of Labor                                                            From: (State)

                 Office of Unemployment Insurance
                 Room S4231
                 Attn:____________________________

                 200 Constitution Avenue, N.W.
                 Washington, D.C. 20210

           Check Appropriate Box(es)

           [ ] Statutory Material - Proposed and Enacted Legislation

           [ ] Rules and Regulations - Proposed and Final

           [ ] Agreements and Arrangements

           [ ] Official Interpretations

           [ ] Decisions and Orders Issued by State Courts, including material related to Consent Orders

           [ ] Precedential Administrative Decisions

           [ ] Appellate Decisions in Federal UC Programs

           Comments:

             Signature of Designated Official                                   Typed Name and Title                              Date

OMB No.: 1205-0222                 OMB Expiration Date: 08/31/2019                 Estimated Average Response Time: 15 minutes per response
These reporting instructions have been approved under the Paperwork Reduction Act of 1995. Persons are not required to respond to this collection of information
unless it displays a valid OMB control number. Public reporting burden for this collection of information includes the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Submission is required to obtain or
retain benefits under PL 74-271 Sec. 303(a)(6). Respondents have no expectation of confidentiality. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, Office of Workforce Security, Room S-4231,
200 Constitution Ave., NW, Washington, DC, 20210.
                                                                                                                                                 ETA-MA 8-7
                                                                                                                                                 Rev. 2016
                                                                                                                                                 Prev. versions usable

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