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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 20 - Employees' Benefits |
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Chapter V - Employment and Training Administration, Department of Labor |
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Part 658 - Administrative Provisions Governing the Wagner-Peyser Act Employment Service |
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Subpart E - Employment Service and Employment-Related Law Complaint System (Complaint System) |
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Complaints Filed at the Local and State Level |
§ 658.419 - Apparent violations.
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§ 658.419 Apparent violations.
(a) If a SWA, an ES office employee, or outreach staff member observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment-related laws or ES regulations by an employeran apparent violation, except as provided at part of a field check under § 653.503 of this chapter (field checks) or § 658.411 (complaints), the employee staff member must document the suspected apparent violation and refer this information it to the ES Office Manager, who must ensure the apparent violation is documented in the Complaint System log, as described at § 658.410.
(b) If the employer has filed a job order with the ES office within the past 12 months, the ES office must attempt informal resolution provided at § 658.411.
(c) If the employer has not filed a job order with the ES office during the past 12 months, the suspected violation of an employment-related law must be referred to the appropriate enforcement agency in writing.
(d) Apparent violations of nondiscrimination laws must be processed according to the procedures described in § 658.411(c).
[81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 88 FR 82732, Nov. 24, 2023]