TEGL 3-09

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Useful Links from WOTCPlanet.com Main Page

Wednesday, April 7th, 2010

This evening, we added a new link in the “Important Government Links” section on the WOTCPlanet.com main page.  If you’re viewing the site, the links are listed down the right side of the page, as are other helpful offerings.  The latest link is to the U.S. Department of Labor Employment and Training Administration’s Advisory System  (aka “DOL ETA Advisories”).   The Department of Labor’s website explains it this way:

The Employment and Training Administration (ETA) Advisory system is used to disseminate ETA’s interpretations of Federal laws, procedural, administrative, management, program direction and other information to the states, direct grant recipients and other interested parties.

Yes, it’s very technical information.  But some of us need to know the more technical side of things so that we can serve the rest competently.

For an example of the kind of information disseminated by the DOL at this site, look back at my post of March 23, “Final Guidance about Disconnected Youth and Unemployed Veteran WOTC Groups.”  The information I reported was distributed by a particular kind of DOL ETA Advisory called a “Training and Employment Guidance Letter,” or TEGL.  Specifically, see TEGL No. 3-09 Change 2.  Go ahead and have a look at it!

Posted in Federal Regulation, Helpful Links | No Responses »
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Final Guidance about Disconnected Youth and Unemployed Veteran WOTC Groups

Tuesday, March 23rd, 2010

I have wanted to write about this for a couple of weeks now, but as you know if you follow the news, there has been a lot going on. 

On March 5, 2010 the U.S. Department of Labor’s Employment and Training Administration issued Training and Employment Guidance Letter NO. 3-09 Change 2.  (I’m not complaining, but even the names of these documents are complicated.) 

This “TEGL” deals with issues that are critically important for employers who participate in the Work Opportunity Tax Credit (WOTC) program.  I’ll highlight the most pressing here.  If you want all the details, you can download the TEGL yourself by clicking here.

Use the August 2009 Form IRS 8850. First, this TEGL sets a deadline for requiring the use of the newest (August 2009) version of Form IRS 8850 - ”Pre-Screening Notice and Certification Request for the Work Opportunity Credit.”  In a nut shell, use it now.  But there is some leeway allowed.

For the two newest target groups of Disconnected Youth and Unemployed Veterans, all submissions as of October 17, 2009 must use the August 2009 form.  I have found that the California WOTC unit will still accept timely applications using older versions, but will not issue a certification unless an August 2009 form is also submitted.

Please note that this absolute requirement applies only to applications under the Disconnected Youth and Unemployed Veteran target groups.  Submissions for other target groups using the June 2007 and May 2009 forms are still accepted.

Official Form for Disconnected Youth Self-Attestation.  Beginning 90 days from the publication date of this TEGL (I believe 90 days will expire on June 3, 2010), WOTC units can only accept a self-attestation from Disconnected Youth if the attestation is made with the DOL’s official ‘Youth Attestation Form.”  Until that date, home-made versions are still acceptable, as long as they meet statutory requirements.

In response to these rules, my team is now distibuting updated survey packets to all of our WOTC services clients.

If you have any questions at all about these developments, please feel welcome to contact me directly.  You can reach me at 800-655-5281, ext 101.  Or send me an e-mail at vah@WOTCPlanet.com. I will also welcome your call or correspondence.

Posted in Disconnected Youth, Veterans, Work Opportunity Tax Credit | 2 Responses »
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Deadline for Use of New WOTC Form ETA 9061

Saturday, September 19th, 2009

As I wrote yesterday, the recent Training and Employment Guidance Letter (TEGL) 3-09 included the revised WOTC form that we’ve been waiting for  — DOL ETA 9061.   TEGL 3-09 also indicated that within two weeks, WOTC centers would be prohibited from accepting the old version of the form.  The last day to use the old form, therefore, was September 16th.

HOWEVER, my contact in California’s WOTC center tells me today that the U.S. Department of Labor seems to be backing down from that deadline (although perhaps only informally at this point). As a result, the California WOTC center is not yet rejecting WOTC applications that use the old forms.

While RestaWOTC is prepared to use the new form, the extremely short notice given by the U.S. Department of Labor creates a hardship for many employers.  Consider, for example, a multi-unit franchise with 300 locations scattered throughout the nation.  Two weeks is simply not enough time for your HR department to become informed, prepare new materials, and then ship and replace the old forms that have already been inventoried at each of your locations.

If you’ve been following best practices and formally integrating the WOTC forms into your hiring process, you might even have to deconstruct and then reconstruct your entire inventories of new employee orientation packets.

WOTC centers in some states, however, have given notice that as instructed by TEGL 3-09, they will not accept the old forms as of September 17th (yesterday).  We will keep you informed as this issue progresses.  Rest assured that if you are one of RestaWOTC’ clients, we have the situation under control.

Posted in Work Opportunity Tax Credit | No Responses »
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New WOTC Form and Guidance from U.S. Department of Labor

Thursday, September 17th, 2009

The long wait is over!

The U.S. Department of Labor has issued a new WOTC-related Training and Employment Guidance Letter (or TEGL) dated September 1, 2009.  TEGL No. 3-09 provides guidance about documentation standards for the two new WOTC eligibility categories created by the February stimulus bill.  It also includes the new Department of Labor Form ETA 9061 - Individual Characteristics Form that we must begin using immediately in order to obtain WOTC employee certifications.

We’ve been awaiting this news for months.  The lack of formal guidance from the Department of Labor had left state WOTC centers in a holding pattern — unable to issue certifications under the new Disconnected Youth and Unemployed Veteran categories.   It’s true that employers have been submitting applications for months now.  What’s been happening is that WOTC centers have been placing these applications into a backlog pile — unable to process them without the further guidance.

Now that the documentation standards and other procedural steps have been formally spelled out to the WOTC centers, we should begin receiving WOTC certifications for employees qualifying under the new categories.  I know that for our restaurant clients, the Disconnected Youth category has become particularly important.

Posted in Disconnected Youth, Veterans, Work Opportunity Tax Credit | No Responses »
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