Section A

Job Order Entry Policy and Procedures


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A1. Abbreviations

Abbreviations and technical jargon should be discouraged and not used unless necessary. They may only be used when 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

Affirmative Action employers are required to hire new employees to remedy past actions. An Affirmative Action employer seeks applicants who are members of a specified group, which for some reason of past custom, historical practice or other non-occupationally valid purpose have been discouraged from entering certain occupational fields.

Most employers will know if they are Affirmative Action employers.

Listing a job with Job Service only does not satisfy an Affirmative Action directive from the U.S. Equal Employment Opportunity Commission (EEOC). The employer should refer to their Affirmative Action Plan for more information.

References:

Office of Federal Contract Compliance Programs (OFCCP)

Executive Order 11246

VETS 100 Report

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A3. Apprenticeship

Apprenticeship opportunities combine elements of both jobs and training. Its key component is paid work, although closely supervised and combined with various training activities, and it typically results in high quality skilled jobs for trainees. This provides important access for our job seeker customers to the skilled trades. It also broadens the number and kinds of applicants who may apply for the training to the benefit of both apprenticeship committees and employers.

Apprenticeship opportunities provided by local apprenticeship committees will be treated as job openings and should be placed 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 orders. Note that this is an exception to the policy requiring job orders to have actual job openings and applies only to apprentices sponsored by State of Wisconsin-recognized apprenticeship committees. This exception should not be applied to other training situations.

Job orders meeting the definition of this section should answer "yes" to the "Is this an Apprenticeship position?" question on the Details Tab. An Apprenticeship icon will appear next to the listing in Job Center of Wisconsin identifying the opening to job seekers as an Apprenticeship position.

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A4. Casual Employment, Day Labor, and On-Call Employment

Casual employment and day labor are short-term jobs that occur on an irregular or intermittent basis for a business.

Example: A trucking company needs help unloading a semi-truck.

Job orders from a business or an individual engaged in a business activity which requests short-term labor may be accepted.

On-Call Employment is employment that does not guarantee any work hours in a pay period. The employer contacts the employee when there is work available. The employee only works for the employer when the employer contacts him or her. Minimum work hours in a pay period can be as low as zero.

Example: A nurse who only works when the employer informs him or her of an open shift.

Job Orders for On-Call Employment may be accepted. If you enter a job order for an On-Call position you must indicate the minimum hours as zero and you must choose the “Casual/On-Call” option on the workweek drop down menu. This will generate an automatic mandatory statement:

“This position is an on-call position and can not guarantee that any work hours will be made available in a given pay period to the employee.”

Casual Employment, Day Labor, and On-Call Employment job orders must meet the same minimum requirements as any other job order. The employment must meet applicable state and federal laws.

References:

Wisconsin Administrative Code, Chapter 272

Wisconsin Minimum Wage Posters

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A5. Coding Job Orders by Duration and Occupational Group

Job orders should be coded using the appropriate occupational code or codes. When coding a job order consider the situation, the type of work, the O*Net code, and how best to connect the employer and the job seeker.

Part-time jobs should be assigned a part-time code (711 - Part-time Service, 712 - Part-time Sales, or 713 - Other part-time). Temporary jobs of less than 150 days duration should be assigned code 723 - Other Temporary Jobs. Jobs with a specific end date or that logically are seasonal should be assignded code 722 - Seasonal Jobs. In addition, these job orders should also be assigned an occupational code to maximize qualified job seeker responses to the job order.

References:

Job Center of Wisconsin Staff Manual

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A6. 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 order should clearly state the method of compensation: salary, salary plus commission, straight commission (also known as commission only), performance-based, incentive, or piecework. To be listed on Job Center of Wisconsin, all job orders 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 should be informed at the time of listing that the minimum wage law applies. Employer acceptance of the compensation mandatory statement satisfies the minimum wage guarantee for accepting a job order.

Example: When an insurance sales representative is paid a straight commission, the job order cannot be listed on Job Center of Wisconsin unless it guarantees at least minimum wage for hours worked or spent in required training. Only jobs that guarantee at least minimum wage for hours worked or spent in required training can be listed on Job Center of Wisconsin.

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 Mandatory Statement must be checked on the Pay and Benefits Tab for commission job orders:

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

Current wage rates can be found at:

References:

Wisconsin Statute, Chapter 104, Minimum Wage

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A7. Site Company Description

Quality job orders should include factual information about the company, their products or services, and available advancement opportunities. It should not contain misleading or overly optimistic statements. Order taking staff should work with employers to ensure that the Site Company Descriptions are worded honestly and clearly.

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A8. Domestic Service Employment

"Domestic service employment" means all services related to the care of persons or maintenance of a private household. Some examples include butlers, housekeepers, gardeners, nannies, cooks, shoveling snow, raking leaves, babysitting, mowing lawns, or other odd jobs.

Job orders for domestic service openings are acceptable as long as they meet the requirements stated in this policy document. In addition, they must meet applicable state and federal laws. Staff should also advise the private individual that the Job Center does not screen applicants or do background checks.

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A9. 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 order should be the commonly recognized name of the local work site.

Job Center of Wisconsin (formerly JobNet Business) 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: 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:

References:

Job Center of Wisconsin Staff Manual

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A10. 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 3 days or less. The Wisconsin Job Service Bureau encourages employers to list their openings with the local Job Centers. Companies must still actively search out these veteran groups to interview for their openings. Veteran's service staff can assist the employer by file searching and referring qualified veterans.

The Job Service Bureau maintains a web site that lists the federal contractors and subcontractors in Wisconsin. The current list of federal contractors and subcontractors can be found at: http://dwd.wisconsin.gov/veterans/contractors_list.htm.

The web site was created as a working tool for all job order writing staff. Staff must regularly refer to this site to identify all federal contractors and subcontractors. When federal contractors and subcontractors are identified, staff must indicate this on the employer's Profile record by checking "yes" to answer the Federal Contractor question. The federal contractor information cascades down to all sites for that employer, and to all job orders entered for any of the employer's sites. Local Veteran Employment Representatives (LVERs) and Department of Labor Veterans Employment and Training Service staff will be monitoring job orders to ensure that the orders are being identified correctly.

References:

Office of Federal Contract Compliance Programs (OFCCP)

Executive Order 11246 establishes affirmative action in Federal contracting

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A11. Job Order Fax Form DETB-8926, Mandatory Use

In cases where an employer cannot use online direct order entry, staff must use the Job Order Fax Form DETB-8926 (revised 07/2008) to collect information from the employer. This form has been standardized for use in Wisconsin and designed to collect all the information needed to write a complete and comprehensive job order. For ease of data entry, the format of DETB-8926 is similar to the format of Job Center of Wisconsin.

The Job Order Fax Form is available on the DWD Workweb under DWD Internal Forms. This form is no longer customizable.

Access DETB-8926

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A12. Job Titles

Job titles should be commonly accepted names of occupations. In situations where the employer's job title is not clear to the general public, job order staff should encourage the employer to clarify it. Explain to the employer that a misleading job title may result in recruitment of the wrong candidates. Reference O*Net for suggestions of more appropriate or commonly used titles. If the employer is not willing to change the job title, suggest placing the more commonly used job title in the Job Title field and place the employer's job title in the Job Duties & Responsibilities text field or the Additional Application Instructions text field. Explain that it is also important that job titles be commonly recognized for key word searches and resume search functions to work effectively for job seekers.

Job orders should have only one job title. Separate job orders should be posted for different job titles. Using more than one job title on a job order causes confusion and produces inaccurate search results. Job orders with one job title may continue to have multiple openings.

When the job title is not related to the job duties, coding must reflect the job duties, not the title. Clarification should again be sought from the employer to ensure that the proper O*Net and Job Center of Wisconsin Occupational codes are assigned. Reference O*Net for suggestions of more appropriate or commonly used job titles and/or job duties.

When a job title is too long to fit into the Job Title field on the job order, logically abbreviate one or more words so the job title fits into the field. List the entire job title in the Duties and Responsibilities field of the job order.

Reference:

Occupational Information Network (O*NET)

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A13. 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 employment security agency or to JobCentral.

References:

Job Center of Wisconsin Staff Manual

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A14. Military Recruitment

The military services are legitimate employers and we apply the same rules to them as any other employer as described below. The exception is the military mandatory statement. This protects the public from incomplete and misleading job advertisements.

Only military jobs with work sites in Wisconsin should be 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 orders are acceptable.

The National Guard and Reserves do have active duty personnel who are assigned locally. They are called Active Guard and Reserve (AGR). It is possible, although unlikely, that you may receive a request to recruit for these positions. 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 worksite 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 acceptable as a job order. Because they do require enlistment in a guard or reserve unit, the military mandatory statement should be used.

A separate job order 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 order. 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.

All military job orders must have the following Mandatory Statement checked on the Description Tab:

"This position requires enlistment in the Armed Forces of the United States."

Several other issues need to be kept in mind when processing military orders.

See policy memo " Military Job Orders" dated April 2, 2006.

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A15. Negotiable Wages

Staff should always encourage employers to list at least the minimum wage they are willing to pay, even when the maximum starting pay is "negotiable". This will save time and effort for both the employer and the job seeker if the wage is not acceptable to the job seeker. When a wage is only listed as "negotiable", it may be interpreted by job seekers as having low-paying or substandard wages.

When a job order lists the wage as "negotiable", it is recommended that staff contact the employer to encourage them to include more specific wage information.

Research using Job Center of Wisconsin data has shown that job orders with pay information receive about twice as many "hits" as job orders without pay information. To attract the most applicants and obtain better results, employers should provide compensation information on the job order.

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A16. 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. Job order staff need to understand the nature of the service being offered by the private employment agency, rather than depending upon the name assigned to the service or the agency, when making decisions related to listing these openings.

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 vacancies 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 orders can be accepted from private agencies and handled as any other job order. Efforts should be made to ensure that there is an actual job vacancy and that the recruitment adheres to the policies and procedures relating to labor disputes, federal contractors, independent contractors, etc.

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

Staff must:

A job order should not be placed in "Open" status until all conditions listed above are met.

The above statements do not apply to situations where the private employment agency is recruiting for their own employees. Examples would be hiring a receptionist for their office, or hiring a recruiter.

References:

Chapter 105 Wisconsin Statutes: Employment Agents.

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A17. Suppressed Job Orders

A suppressed job order does not have the name, address, or any other identifying information about the employer displayed to the public. Suppressing a job order 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.

Suppressing job orders should be used judiciously, as it is counter productive to the effectiveness of a self-service system. Some job seekers may avoid applying when the employer name is not listed.

Suppressed job orders should contain specific information concerning the method for applying in the Application Instructions field, including names, addresses, or phone numbers, as appropriate.

Staff should treat suppressed job orders with care so as not to reveal the name of the employer nor any other identifying information to job seekers.

Data contained in the Job Center of Wisconsin database shall not be manipulated nor altered to protect the employer's identity. Specific instructions for entering suppressed job orders in Job Center of Wisconsin are found in the Job Center of Wisconsin Systems Manual.

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A18. 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.

Examples: Waiters, waitresses, bell hops, taxi cab drivers, barbers, or cosmetologists.

The following Mandatory Statement must be checked on the Pay and Benefits Tab for job orders for waitpersons and other tipped compensation employees.

"Compensation for tipped occupations must, on average – including both the hourly wage and tips – equal or exceed the general minimum wage."

Current wage rates can be found at: 

Reference::

Chapter 104 Wisconsin Statutes

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A19. Veteran's Priority

Veteran's priority is mandated on all job orders. 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 order. Registered veterans using Job Center of Wisconsin, whether in a Job Center or on the Internet, can see jobs on Veteran's Hold. Internet Job Center of Wisconsin users and non-veterans are not able to see these jobs while they are on veteran's hold.

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A20. Work Site vs. Recruitment Area

Jobs should only be listed in the county or counties where the work will be performed. Do not confuse the work site (location of the work) with "recruitment area." Employers interested in recruitment outside the work site location should be reminded that job seekers can search for jobs statewide, or in other counties, if they are interested in relocation or commuting.

There may be situations where it is appropriate to list a job in multiple work sites. Examples are:

References:

Job Center of Wisconsin Staff Manual

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A21. Native American Sovereignty and Job Orders

Native American tribes are sovereign nations as established by treaties and federal law. This generally means that state labor and employment related laws, and the authority of state regulatory agencies, do not apply to tribal entities or businesses located on tribally owned lands.

Federal labor laws do apply in principle, but federal regulatory agencies generally do not have jurisdiction. Most federal employment compliance laws such as the Americans with Disabilities Act, etc. are incorporated into tribal constitutions. Therefore, employees of tribal businesses or businesses located on tribally owned lands have similar protections as provided by federal law. The enforcement and complaint processes may, however, be different. The tribal courts or tribal governments may be the only enforcement remedy when someone has a complaint.

This is a simplified description of the legal relationships. There are exceptions and conditional situations. For example:

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

For example, state law prohibits discrimination based on the use, or non-use, of legal products. Discriminatory statements regarding smoking (a legal product) that would be otherwise rejected are acceptable on a Native American job order because state law does not apply. Similarly, if Wisconsin raises the minimum wage, we could accept Native American job orders paying a different wage as long as it meets the federal wage standards.

Native American tribes can give preference to the hiring of tribal members and other Native Americans. Seemingly discriminatory language regarding Indian employment preference by tribally owned businesses is acceptable on a Native American job order. This is because the Indian Reorganization Act, enacted by Congress in 1934 and amended by several court cases and congressional legislation, allows for Native American preference in certain circumstances including when the business is tribally owned. Therefore, state laws on non-discrimination in hiring do not apply because they would conflict with Federal laws governing Native American employment preference.

If Tribes choose to include a preference statement in their job openings, the following language should be used in addition to the statement of preference:

"Because this position is subject to sovereign tribal authority, Native Americans may receive hiring preference, as granted by the Wheeler-Howard Act of 1934, and re-affirmed by the Supreme Court."

If Tribes choose to participate in a state system, more often than not, the rules under that program DO apply to Tribes. Therefore, DET Job Order Policy and Procedures will be followed. Staff can expect compliance with policy and procedures that do not relate to Native American sovereignty if a tribal business chooses to use DET systems. For example, all job orders must represent an actual job opening, represent an employer-employee relationship, and not charge the applicant a fee.

Job orders may be declined or discontinuation of service initiated, when justified, as with any other employer..

To ensure the public is fully informed of the employment situation, the following Mandatory Statement must be checked on the Description Tab of the job order:

"This job is with a Native American tribal business or is located on tribally owned lands. Laws governing employment may differ from the State of Wisconsin's. You may wish to discuss this with the employer before accepting the position."

Native American tribes can legally place Native American preference statements in job orders as explained briefly above.

See the Job Order Policy Memo, "Preference" Language in Job Orders , dated October 13, 2004.

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A22. Job Order Quality Assurance Program

All job orders will be reviewed using the standards and guidelines provided by the Job Order Quality Assurance Program. Staff will review all job orders prior to completion. Supervisors will establish local procedures for timely review of completed job orders.

See Job Order Memo " Job Order Quality Assurance Program: Statewide Implementation ", dated December 6, 2004.

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A23. Intra- and Inter-State Clearance Job Orders

Intra- and Inter-State Clearance Orders must be accepted for posting on Job Center of Wisconsin. The recruitment area for these orders is determined by the Department of Labor and will extend beyond the work site area. The recruitment area may include all of the state of Wisconsin and perhaps recruitment in other states.

Initially the employer will place a regular job order to recruit locally. If labor needs are not met through the local job order, staff should inform the employer of the option to recruit more broadly by placing an Intra- or Inter-State Clearance Order. If the employer is interested, staff will contact the Monitor Advocate located in the Central Office for further guidance. Local staff will continue to assist the Monitor Advocate in all stages of this process.

The employer will assist the Monitor Advocate in the preparation of the Agricultural and Food Processing Clearance Order (ETA Form 790) and all necessary supplemental information. If the employer is seeking recruitment outside the state, the employer must prove that there is a shortage of the required labor in-state. All regulatory assurances must be included as part of the Clearance Order. If housing has already been inspected and approved, the approval should accompany the Order.

The Order is then submitted to the U.S. Department of Labor, Employment and Training Administration (ETA), Region V, for review. The Region V office will approve or deny the Order within 10 business days. If approved, the Regional V office determines the geographical area to extend the recruitment area, meaning whether the Order with be Intra- or Inter-State.

Once notification of approval has been received, the Clearance Order and all attachments are sent electronically directly to America’s Job Exchange (AJE) http://www.americasjobexchange.com/.

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. Modifications of a Clearance Order can be made if there is a change in crop or market conditions that affect the time for which labor is needed. A mandatory statement must appear on all Intra- and Inter-State Clearance Orders.

The mandatory statement is: “Neither the ETA nor the State of Wisconsin Job Service are guarantors of the accuracy or truthfulness of the information from the employer. However, if any material misrepresentation is made by the employer, procedures of the Employment Service Complaint System at 20 CFR 658, subpart F apply.

No Clearance Order accepted or recruited upon by the Wisconsin Job Service constitutes a contractual job offer to which the ETA of the Wisconsin Job Service is in any way a party. Both entities only provide employment assistance.”

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A25. Processing Employer Registrations for Job Center of Wisconsin Access

Registrations can be accepted from employers who have a job opening with a worksite in Wisconsin, or in a county that borders Wisconsin. See A13. Location of Work Site. Employer registrations appear on the Request for Assistance list in Job Center of Wisconsin. Registrations should be handled by the office that serves the county where the employer is located. If the employer is located in a county that borders Wisconsin, the Job Center that serves the Wisconsin county that borders the employer's location should process the registration. If the employer is located outside of Wisconsin in a non-bordering county, staff should use their best judgment about which office should process the registration.

Most registrations are straightforward, and the employer registers with the correct office. However, staff should not automatically approve every registration that appears on the Request for Assistance list. Some registrations may need to be moved to another office, may not be for legitimate employers, may be from a job seeker, or may be for companies that don't have a job opening in Wisconsin or a bordering county.

Once an employer's registration is processed and approved, all job orders entered by that person will come to the office that approved the registration, regardless of where in the state the job opening is occurring. This makes things easier for the employer customer because he or she only needs one registration and only needs to work with one Job Center.

Sharing a username and password is not allowed. According to Department of Workforce Development Security rules, each person at the company who needs access to Job Center of Wisconsin must have his or her own Job Center of Wisconsin account. This is for the protection of the employer's information. When a person with access leaves the company, his or her access is deleted.

Please see the "Processing Employer Registrations for Job Center of Wisconsin Access" document.

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