Reference: 20 CFR Part 658.410, 29 CFR Parts 31.5 and 31.7, and 29 CFR Part 32.45. Background: As a result of a settlement agreement in the case of NAACP v. Brennan (Civil Action No. 2010-72, U.S.D.C.), the U.S. Department of Labor (DOL) published Federal regulations 20 CFR Parts 651, 653, and 658 on June 10, 1980. These regulations set forth the role and responsibilities of the United States Employment Service (USES) regarding compliance of said regulations. In compliance with 20 CFR 653.109, DOL established recordkeeping requirements to allow for the efficient and effective monitoring of SESA's regulatory compliance. Pursuant to these recordkeeping requirements, Federal regulations at 20 CFR 658.410 established the State agency Job Service Complaint System and its administrative and processing procedures. ETA Form 8429 was developed for recording complaints filed with the State Employment Service Agencies. This form must be completed for ES related complaints or non ES related complaints filed by or on behalf of a MSFW, alleging Employment Standards Administration (ESA) or Occupational Safety and Health Administration (OSHA) violations, for consideration and processing by State agency officials. Discrimination complaints (except for handicap complaints) alleging violation(s) of Title VI of the Civil Rights Act, Title IX of the Education Amendments, the Age Discrimination Act, and/or Section 167 of the Job Training Partnership Act, are to be filed with the U.S. Department of Labor Directorate of Civil Rights. OMB Approval: The reporting requirements for Form ETA 8429 are approved by OMB according to the Paperwork Reduction Act of 1995 under OMB approval No. 1205-0039 to expire 8/31/99. NOTE: Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Action Required: State Administrators are requested to provide the above information to appropriate staff.

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References: The Department of Labor Appropriations Act, 1997 and Conference Report (Public Law 104-208, September 30, 1996, sections 101(e) and 105). Background: The Department of Labor Appropriations Act, 1997, contains three waiver provisions that have the potential to make a significant contribution to promoting innovative changes to the nation's workforce development systems. Each provision authorizes waivers as well as limits eligibility for such waivers. An overview of the authority is given below. Generally, these provisions provide: A) waiver authority to the Secretary of Labor to grant to States limited statutory and regulatory waivers of the Job Training Partnership Act and the Wagner-Peyser Act only for funds available for expenditure in program year 1997 which may include program year 1995 and 1996 funds; B) a workforce flexibility partnership (Work-Flex) demonstration under which authority to grant certain JTPA and Wagner-Peyser statutory and regulatory waivers is delegated to not more than six States for up to five years; and C) a narrow authority to grant limited waivers to those States which have a prior Memorandum of Understanding with the United States. In effect, this provision extends for a year a current agreement with the State of Oregon. Common to all of these provisions is a focus on outcomes and accountability for federal funds. Additionally, each provision has a limitation on what statutory and regulatory sections may be waived. See attachment for the details. ETA is currently developing procedures for these waiver authorities and will be issuing guidance to the JTPA and Wagner Peyser systems as soon as possible.