Job Posting Policies and Procedures

Section A

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A1.Abbreviations

Abbreviations and technical jargon should be discouraged and not used unless information is specific to an occupation or when specific requirements are necessary. Common industry or occupational abbreviations should be used (e.g., driver's license requirements such as "HAZMAT CDL," computer languages such as "HTML," etc.). Whenever possible, use abbreviations and words that are commonly understood by the general public.

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A2. Affirmative Action Employer

Solely posting a job on Job Center of Wisconsin does not satisfy an Affirmative Action directive from the U.S. Equal Employment Opportunity Commission (EEOC). An employer should refer to their Affirmative Action Plan for more information.

References:

Executive Order 11246

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A3. Registered Apprenticeship

Registered Apprenticeship opportunities provided by local apprenticeship committees are treated as job openings and are allowed on Job Center of Wisconsin. In some cases, the final employer of an apprentice may not be known at the time the opening is announced, so the local apprenticeship committee is identified as the employer on these job postings. Note that this is an exception to the policy requiring job postings to have actual job openings and applies only to apprentices sponsored by State of Wisconsinrecognized apprenticeship committees. This exception should not be applied to other training situations.

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A4. Casual Employment

On-Call Employment job postings must meet the same minimum requirements as any other job posting. The employment must meet applicable state and federal laws.

References:

Wisconsin Administrative Code, Chapter 272

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A5. Compensation Methods (Commission, Performance-based, Incentive, and Piecework Jobs)

State law requires that all employees be paid at least minimum wage for all covered employment regardless of the method of compensation. A job posting should clearly state the method of compensation. To be listed on Job Center of Wisconsin, all job postings must provide total compensation of at least the minimum wage for any hours worked or spent in required training. Federal, state, and local-municipal laws and ordinances apply. Apply the higher or most stringent law when there is a conflict. Jobs that pay straight commission cannot be included if they only pay when a product is sold, and do not guarantee the worker at least a minimum wage for the hours worked. Employers will be informed at the time of listing that the minimum wage law applies. Employer acceptance satisfies the minimum wage guarantee for accepting a job posting.

Occasionally an employer provides a draw against future commission to cover wages until the employee begins to earn commission. If a draw against commission is received, the job can only be listed on Job Center of Wisconsin if the employer guarantees the draw will at least provide minimum wage for the hours worked or spent in required training. A draw is usually paid back to the employer by being subtracted from future commissions. If the employee is no longer employed by the employer prior to paying this draw back, the employer must accept the loss.

The following statement appears to employers when entering any job posting:

"All methods of compensation must guarantee at least minimum wage as required by Federal and Wisconsin law."

Current wage rates can be found at:

Wisconsin Statute, Chapter 104, Minimum Wage

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A6. Employer Name

In order to obtain accurate information for reporting and system management, employers must be accurately identified. For the benefit of job applicants, the name that appears on the job posting should be the commonly recognized name of the local work site.

Job Center of Wisconsin requires the use of the correct employer name and work site location. Staff must maintain the accuracy of this information in the database, including appropriate employer name, Unemployment Insurance account number, and work site locations.

Note for staff: If the name on the employer record in the Job Center of Wisconsin database has changed, or doesn't accurately reflect what the business is known as locally, staff should update the employer record as follows:

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A7. Federal Contractors and Subcontractors

Any business with a federal contract or subcontract (including private employment agencies providing staff) of $100,000 or more must take Affirmative Action to hire and promote qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

Contractors and subcontractors are required to list all employment openings with their local state employment security agency except for executive or top management jobs, positions filled from within the organization, and jobs lasting three days or fewer. The Wisconsin Job Service Bureau encourages employers to list their openings with the Job Center of Wisconsin or the National Labor Exchange (NLX) at https://usnlx.com/

Companies must still actively search out these veteran groups to interview for their openings. Veteran's service staff can assist the employer by referring qualified veterans.

References:

Office of Federal Contract Compliance Programs (OFCCP)

Executive Order 11246

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A8. Job Titles

Job titles should be commonly accepted names of occupations. Reference the Occupational Information Network (O*NET) for suggestions of appropriate or commonly used titles. Job postings must have only one job title. Separate job postings should be posted for different job titles. Using more than one job title on a posting causes confusion and produces inaccurate search results. Job postings with one job title may continue to have multiple openings.

Reference:

Occupational Information Network (O*NET)

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A9. Location of Work Site

The location of the work site must be in Wisconsin or in a bordering county in Illinois, Iowa, Michigan or Minnesota. As long as the work site is located in Wisconsin or a bordering county, the employer itself does not have to be similarly situated. Employers with positions located elsewhere should be referred to their state's American Job Center network.

References:

Acceptable Work Site Counties for JCW Job Postings

American Job Center Finder

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A10. Military Recruitment

The military services are legitimate employers and the same rules are applied to them as any other employer as described below. This protects the public from incomplete and misleading job advertisements.

Only military jobs with work sites in Wisconsin are accepted. The majority of these positions will be in the Reserves or the National Guard. Typically, active duty recruitments involve leaving Wisconsin with no intention to return to a duty station within the state. National Guard and Reserve recruitments DO typically involve returning to Wisconsin. The duty assignment is to a local armory or reserve center. Even though the individual may leave for training, or they may be called to active duty at a later date, the normal and intended work site is local. Therefore, these job postings are acceptable.

The National Guard and Reserves do have active duty personnel who are assigned locally. They are called Active Guard and Reserve (AGR). Usually these positions are filled internally from members of the local military unit. These positions are acceptable, even though they are active duty, because the duty station or work site is in Wisconsin.

Another possibility is a request to recruit for a Reserve Technician. These positions are federal civil service jobs that have membership in a National Guard or Reserve unit as a condition of employment. The individual may work at an armory or reserve center (or at a military base like Fort McCoy). They wear the military uniform at work. They typically work at the same facility as their military unit. But, they are not active duty military personnel. These jobs are aceptable to post.

A separate job posting must be written for each job classification.

Applicants should be informed that military job requirements include passing a rigorous physical exam, enlisting in the military, and that applicants must be between the ages of 17 and 35. The nature and conditions of the work should be explained in the job posting. The hours, days of work, travel requirements, out-of-state training requirements, physical demands, etc., should be clearly stated. This does not have to be lengthy, but it should leave no doubt about the employment situation.

There must be an actual opening.

Although reservists typically do travel to their assigned units from outside the local area, employers should not post in multiple counties for purposes of recruiting. Units that have more than one location can include all those counties on one job posting. Worksite locations should not be manipulated purely to increase the recruiting area.

Veteran staff have no special responsibilities with military job postings. Reservists are NOT necessarily veterans. National Guard or Reserve service by itself does not bestow veteran's status for VA benefits.

Recruiters are typically assigned to a specific military unit. They receive the "applications" and process the job seekers.

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A11. Private Employment Agencies (Including Temporary, Direct Hire, and PEO)

Private employment agencies may be referred to by a number of terms such as temp agencies, temporary agencies, staffing services or placement services. Occasionally a non-employment, agency-type business will perform employment agency functions (such as recruiting) and should be treated like an employment agency in those instances. Professional Employer Organizations (PEOs) that contractually assume and manage human resources and personnel responsibilities by establishing, maintaining, and sharing an employer/employee relationship with a work site company are subject to this policy.

Private employment agencies are employers and have a right to list their job postings on Job Center of Wisconsin. When they are recruiting employees who will be on their payroll while performing work for another employer, the private employment agency is the legal employer of record. Employees are issued W-2 tax statements by the private employment agency at the end of the year or term of employment, whichever comes first.

Job postings can be accepted from private agencies and the same policies apply. There must be an actual job opening and the recruitment should adhere to the policies and procedures relating to labor disputes, federal contractors, independent contractors, etc.

Job postings (temporary, direct hire, PEO, hiring for their own staff) can be entered on Job Center of Wisconsin by private employment agency staff. Job postings must be attached to the private employment agency's record. No job postings will be attached to the work site employer's record.

References:

Wisconsin State Statutes Chapter 105: Employment Agents

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A12. Suppressed Job Orders

A suppressed job posting does not have the name, address, or any other identifying information about the employer displayed to the public. Suppressing a job posting protects legitimate employer needs for confidentiality. Examples: an employer is recruiting to replace an existing employee and doesn't want the employee to know; or a private household is looking for someone to care for an elderly person or small child in the home.

Suppressed job postings must contain specific information concerning the method for applying, including names, addresses, or contact information, as appropriate.

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A13. Tipped Occupations

Wisconsin state law requires that all employees be paid at least minimum wage for all covered employment regardless of the method of compensation.

Tipped occupations have a special minimum wage. State law requires that TOTAL compensation (wages PLUS tips) be equal to or exceed the general minimum wage. The employer is responsible to make up the difference in the absence of adequate tip compensation.

The following statement appears to employers when entering any job posting:

"All methods of compensation must guarantee at least minimum wage as required by Federal and Wisconsin law

Reference:

Chapter 104 Wisconsin Statutes

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A14. Veteran's Priority

Veteran's Priority is mandated on all job postings. Federal law requires that veterans receive priority in job referrals. This means that all qualified veterans have an opportunity to view the job opening before non-veterans. To accomplish this, a 24-hour hold is placed on each job posting. Registered veterans using Job Center of Wisconsin, whether in a Job Center or on the Internet, can see jobs on Veteran's Priority.

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A15. Native American Sovereignty and Job Postings

Native American tribes can legally place Native American preference statements in job postings.

Job postings placed by Native American tribal businesses or located on tribally-owned lands are not required to meet Wisconsin employment law. Job posting wording contrary to state law, but acceptable under federal law, will be acceptable as a legal job posting.

However, all job postings must still represent an actual job opening, represent an employer-employee relationship, and not charge the applicant a fee. Job postings may be declined or discontinuation of service initiated, when justified, as with any other employer.

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A16. Intra- and Inter-State Clearance Job Postings

Intra- and Inter-State Clearance job postings must be accepted on Job Center of Wisconsin and the employer's name must be suppressed to comply with federal Department of Labor (DOL) regulation and ensure an orderly movement of workers within the Agricultural Recruitment system. The recruitment area for these postings is determined by the Department of Labor and will extend beyond the normal commuting distance. Intra-state area includes the entire state of Wisconsin and Inter-State areas include other states as indicated by DOL Region V office.

Initially the employer will place a regular job posting to recruit locally within the area of normal commuting distance. If labor needs are not met through the local job posting, Job Service staff should inform the employer of the option to recruit more broadly by placing an Intra- or Inter-State Clearance Posting. The employer is required to provide free housing and transportation to and from the worker's place of origin to the worksite. The housing must be inspected and certified by the State prior to placing the job posting.

The employer will complete DOL's Job Posting form: Agricultural and Food Processing Clearance Posting (ETA Form 790) and all necessary supplemental information including regulatory assurances. The employer must include a copy of the approved housing certificate including information on maximum occupancy.

Staff must review the job posting for completeness to ensure it meets the requirements of US DOL federal regulations. The completed and accepted ETA 790 form is sent via email to the State Monitor Advocate who then submits it to the U.S. Department of Labor, Employment and Training Administration (ETA), Region V Monitor Advocate for review. The Region V office will approve or deny the Posting within 10 business days. If approved, the Region V office determines the geographical area to which to extend the job posting.

Once notification of approval has been received, the Clearance Order and all attachments are entered into the Job Center of Wisconsin system.

Modifications of a Clearance posting can be made if there is a change in crop or market conditions that affect the time for which labor is needed.

The Department of Workforce Development (DWD) will continue to be responsible for overseeing and conducting on-site field checks of job sites where agricultural workers have been placed, responding to any work-related complaints from the worker(s), providing outreach, and explaining available services to workers and local staff.

Access U.S. DOL regulations 20 CFR 653.501-503 for more detail on the federal requirements [Subpart F—Agricultural Clearance Posting Activity]

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