DOL OFLC, pdf version here

THAT’S ENTERTAINMENT!

THAT’S ENTERTAINMENT!

Training & Employment Guidance Training & Employment Guidance Letter 31--0505 Letter 31 Where to File Where to File The Country is Divided into 3 OSE Jurisdictions: The Country is Divided into 3 OSE Jurisdictions: OFFICES SPECIALIZING IN ENTERTAINMENT OFFICES SPECIALIZING IN ENTERTAINMENT New York, NY Sacramento, CA Austin, TX TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 2 NEW YORK OSE SERVICE AREA NEW YORK OSE SERVICE AREA Start Dates in the Eastern United States Start Dates in the Eastern United States Alabama Alabama Connecticut Connecticut D.C.D.C. Delaware Delaware Florida Florida Georgia Georgia Kentucky Kentucky MaineMaine Maryland Maryland 24 States Massachusetts Massachusetts Mississippi Mississippi New Hampshire New Hampshire New Jersey New Jersey New York New York No. Carolina No. Carolina Pennsylvania Pennsylvania Puerto Rico Puerto Rico Rhode Island Rhode Island South Carolina South Carolina Tennessee Tennessee Vermont Vermont Virgin Islands Virgin Islands Virginia Virginia West Virginia West Virginia TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 3 TEXAS OSE SERVICE AREA TEXAS OSE SERVICE AREA Start Dates in the Central States Start Dates in the Central States Arkansas Arkansas Illinois Illinois Indiana Indiana Iowa Iowa Kansas Kansas 15 States Louisiana Louisiana Michigan Michigan Minnesota Minnesota Missouri Missouri Nebraska Nebraska New Mexico New Mexico OhioOhio Oklahoma Oklahoma Texas Texas Wisconsin Wisconsin TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 4 CALIFORNIA OSE SERVICE AREA CALIFORNIA OSE SERVICE AREA Start Dates in Western States Start Dates in Western States Alaska Alaska Arizona Arizona California California Colorado Colorado GuamGuam 15 States Hawaii Hawaii Nevada Nevada Montana Montana Idaho Idaho N. Dakota N. Dakota Oregon Oregon S. Dakota S. Dakota UtahUtah Washington Washington Wyoming Wyoming TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 5 FEDERAL JURISDICTION FEDERAL JURISDICTION Determinations are Determinations are Issued Issued byby The Chicago The Chicago National National Processing Center Processing Center TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 6 Determinations are based on: Determinations are based on: An assessment of requirements of the role or (cid:122)(cid:122) An assessment of requirements of the role or the act to be performed the act to be performed The need to keep the unity of a group or (cid:122)(cid:122) The need to keep the unity of a group or company and support personnel company and support personnel The role of labor unions in this highly unionized (cid:122)(cid:122) The role of labor unions in this highly unionized field and their impact on employment field and their impact on employment opportunities opportunities The willingness of available United States (cid:122)(cid:122) The willingness of available United States workers to fulfill the employer’s prescribed workers to fulfill the employer’s prescribed itinerary itinerary Special Information Special Information Canadian musicians performing within 50 miles (cid:122)(cid:122) Canadian musicians performing within 50 miles of the Canadian border for 30 days or less ARE of the Canadian border for 30 days or less ARE NOT SUBJECT to these procedures NOT SUBJECT to these procedures In the Virgin Islands, the period of the labor (cid:122)(cid:122) In the Virgin Islands, the period of the labor certification MAY NOT EXCEED certification MAY NOT EXCEED 45 days 45 days TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 8 WHO QUALIFIES ????

WHO QUALIFIES ????

Occupations shall include: Occupations shall include: Performers (cid:122)(cid:122) Performers Technical and support personnel involved with (cid:122)(cid:122) Technical and support personnel involved with a performance a performance Traveling carnivals and concessionaires (cid:122)(cid:122) Traveling carnivals and concessionaires TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 9 Where to File ???? Where to File ???? In the OSE serving the area of intended In the OSE serving the area of intended employment where the employment will begin employment where the employment will begin TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 10 What to File???? What to File????

Completed Form ETA 750, Part A (cid:122)(cid:122) Completed Form ETA 750, Part A Itinerary and duration of work in each location (cid:122)(cid:122) Itinerary and duration of work in each location (if more than one site) (if more than one site) Explanation of temporary need (cid:122)(cid:122) Explanation of temporary need Documentation of employer’s effort, if any, to (cid:122)(cid:122) Documentation of employer’s effort, if any, to recruit U.S. workers. recruit U.S. workers. Copies of ads (cid:122)(cid:122) Copies of ads TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 11 OSE Responsibilities OSE Responsibilities Review the application for completeness and (cid:122)(cid:122)Review the application for completeness and determine the prevailing wage (daily, hourly, weekly) determine the prevailing wage (daily, hourly, weekly) Prepare job order (cid:122)(cid:122)Prepare job order TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 12 OSE Responsibilities OSE Responsibilities Direct advertising (cid:122)(cid:122)Direct advertising TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 13 Employer Ad Advertising and Recruiting –– Employer Ad Advertising and Recruiting (cid:122)(cid:122) During the 10 During the 10--day posting of the OSE job order, employer day posting of the OSE job order, employer will run a newspaper ad for 3 consecutive calendar days will run a newspaper ad for 3 consecutive calendar days The OSE will provide instructions to advertise in a (cid:122)(cid:122) The OSE will provide instructions to advertise in a newspaper with the widest circulation in the local area newspaper with the widest circulation in the local area If the job is located in a rural area with no daily edition, (cid:122)(cid:122) If the job is located in a rural area with no daily edition, employer shall use a daily edition published in the nearest employer shall use a daily edition published in the nearest urban area or other publication as determined by the OSE urban area or other publication as determined by the OSE will not accept advertisements run on Internet sites! (cid:122)(cid:122) OSEsOSEs will not accept advertisements run on Internet sites! Employer must notify the OSE as to “WHEN” (i.e., calendar dates) Employer must notify the OSE as to “WHEN” (i.e., calendar dates) the advertisements will run the advertisements will run TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 14 OSE Job Order Advertising and Recruiting –– OSE Job Order Advertising and Recruiting OSE will prepare a job order, using information on the (cid:122)(cid:122) OSE will prepare a job order, using information on the application, and place it into the job bank for 10 calendar application, and place it into the job bank for 10 calendar daysdays OSE will accept for referral to the employer all qualified (cid:122)(cid:122) OSE will accept for referral to the employer all qualified applicants applicants Employer should initiate contact with unions or other (cid:122)(cid:122) Employer should initiate contact with unions or other recruitment sources, appropriate to the occupation and recruitment sources, appropriate to the occupation and customary to the industry, for qualifies U.S. workers customary to the industry, for qualifies U.S. workers Employer mustmust contact and evaluate all qualified contact and evaluate all qualified applicants who are referred applicants who are referred (cid:122)(cid:122) Employer TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 15 Advertising Advertising Newspaper/journals advertisements must contain the following: Newspaper/journals advertisements must contain the following: Employer’s name and location of work (cid:122)(cid:122) Employer’s name and location of work OSE contact information and job order number (directs U.S. workers rs (cid:122)(cid:122) OSE contact information and job order number (directs U.S. worke to the OSE for referral to employer) to the OSE for referral to employer) Description of job opportunity with particularity (cid:122)(cid:122) Description of job opportunity with particularity Rate of pay including overtime, if applicable (cid:122)(cid:122) Rate of pay including overtime, if applicable e heat, Prevailing working conditions such as housing, lifting, excessive heat, (cid:122)(cid:122) Prevailing working conditions such as housing, lifting, excessiv etc.etc. Actual minimum job requirements (must match the application) (cid:122)(cid:122) Actual minimum job requirements (must match the application) Total job openings to be filled (must match the application) (cid:122)(cid:122) Total job openings to be filled (must match the application) Indication the job is “temporary” (cid:122)(cid:122) Indication the job is “temporary” TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 16 OSE Responsibilities OSE Responsibilities Accept and review recruitment efforts (cid:122)(cid:122)Accept and review recruitment efforts TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 17 Written results of recruitment must: Written results of recruitment must: Identify each recruitment source by name (cid:122)(cid:122) Identify each recruitment source by name State the name, address, and telephone number (cid:122)(cid:122) State the name, address, and telephone number of each United States worker who applied for of each United States worker who applied for the job the job related reason for not Explain the lawful job--related reason for not hiring each United States worker hiring each United States worker (cid:122)(cid:122) Explain the lawful job TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 18 OSE Responsibilities OSE Responsibilities Union Contact, if applicable (cid:122)(cid:122)Union Contact, if applicable TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 19 Procedures and Conditions for Union Procedures and Conditions for Union Contacts Contacts OSE mails letter to the appropriate national union (cid:122)(cid:122) OSE mails letter to the appropriate national union OSE allows five days for response from union (cid:122)(cid:122) OSE allows five days for response from union Union must provide OSE with the name, address, (cid:122)(cid:122) Union must provide OSE with the name, address, telephone number of US workers for referral to telephone number of US workers for referral to employer employer TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 20 OSE Responsibilities OSE Responsibilities (cid:122)(cid:122) Submit Submit completed application to Chicago NPC completed application to Chicago NPC TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 21 Prevailing Wage!!

Prevailing Wage!! The employer has the option to: The employer has the option to: Pay the prevailing wage for each location (cid:122)(cid:122) Pay the prevailing wage for each location OROR Pay the highest of the prevailing wages for (cid:122)(cid:122) Pay the highest of the prevailing wages for all the locations all the locations TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 22 Carnivals & Concessionaires Carnivals & Concessionaires TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 23 Carnivals & Concessionaires Carnivals & Concessionaires Responsibilities Responsibilities File with the appropriate OSE (NY, TX or CA). (cid:122)(cid:122) File with the appropriate OSE (NY, TX or CA). Itineraries of locations and duration of work are (cid:122)(cid:122) Itineraries of locations and duration of work are acceptable acceptable Must pay the prevailing wage for each location or (cid:122)(cid:122) Must pay the prevailing wage for each location or for all locations listed on the the highest p/wp/w for all locations listed on the the highest itinerary for work performed. itinerary for work performed.

TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 24 Carnivals & Concessionaires Carnivals & Concessionaires Responsibilities Responsibilities Advertisements must be placed in a newspaper of (cid:122)(cid:122) Advertisements must be placed in a newspaper of general circulation, and not trade journals. general circulation, and not trade journals. Conduct advertising in the first location of the (cid:122)(cid:122) Conduct advertising in the first location of the itinerary where the application is filed. itinerary where the application is filed. The advertisement must set forth all work (cid:122)(cid:122) The advertisement must set forth all work locations and applicable prevailing wages for locations and applicable prevailing wages for each. each. TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 25 In your package, you will find: In your package, you will find: (cid:122)(cid:122) TEGL 31 05 Procedures for Temporary Labor TEGL 31--05 Procedures for Temporary Labor Certification in the Entertainment Industry Certification in the Entertainment Industry 2B Visa Program under the H--2B Visa Program under the H Offices Specializing in Attachment 1 –– Offices Specializing in (cid:122)(cid:122) Attachment 1 Entertainment (OSE) Entertainment (OSE) THE MAP Attachment 2 –– THE MAP (cid:122)(cid:122) Attachment 2 Unions frequently contacted in Arts & (cid:122)(cid:122) Unions frequently contacted in Arts & Entertainment Entertainment TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 26 The End The End TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications May 2007 United States Department of Labor Employment and Training Administration 27