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 Code of Federal Regulations (Last Updated: November 8, 2024)
 Title 20 - Employees' Benefits
 Chapter V - Employment and Training Administration, Department of Labor
 Part 658 - Administrative Provisions Governing the Wagner-Peyser Act Employment Service
 Subpart E - Employment Service and Employment-Related Law Complaint System (Complaint System)

  § 658.401 - Types of complaints handled by the JS complaint system.  

Latest version.

  • (a)(1) The types of complaints (JS related complaints) which shall be handled to resolution by the JS complaint system are as follows: (i) Complaints against an employer about the specific job to which the applicant was referred by the JS involving violations of the terms and conditions of the job order or employment-related law (employer-related complaint) and (ii) complaints about Job Service actions or omissions under JS regulations (agency-related complaints). These complaint procedures are not applicable to UI, or WIA complaints. Complaints alleging violations of UI, or WIA regulations should be handled within the procedures set forth in the respective regulations.

    (2) A complaint shall be handled to resolution by these regulations only if it is made within one year of the alleged occurrence.

    (b) Complaints by veterans alleging employer violations of the mandatory listing requirements under 38 U.S.C. 2012 shall not be handled under this subpart. The State agency shall handle such complaints under the Department's regulations at 41 CFR part 60-250.

    (c) Complaints from MSFWs alleging violations of employment-related laws enforced by ESA or OSHA shall be taken in writing by the State agency and the ETA regional office and referred to ESA or OSHA pursuant to the procedures set forth in §§658.414 and 658.422. All other complaints alleging violations of employment-related Federal, State or local laws other than JS regulations by employers, their agents, or DOL subagencies other than JS (non-JS related complaints) shall be logged by the State agency and the ETA regional office and the complainant shall be referred to the appropriate agency pursuant to procedures set forth in §§658.414 and 658.422.

    (d) Certain types of complaints, such as, but not limited to, complaints by MSFWs, and complaints alleging unlawful discrimination, shall, as set forth in this subpart, be handled by specified officials of the State agency or of ETA.

    [45 FR 39468, June 10, 1980, as amended at 71 FR 35523, June 21, 2006]