The Federal Employment Service Act[i] was introduced to provide a national employment system. The national employment system known as the United States Employment Service (USES) was established with cooperation from the states. The USES is responsible for assisting with the coordination of the state public employment services in providing labor exchange and job finding assistance to job seekers and employers. With the passage of the Wagner-Peyser Act in 1933, the USES was reestablished as part of the Dept. of Labor.
The USES’s functions are as follows:
- to develop a national system of public employment offices;
- to furnish information on employment opportunities, and
- to maintain a system for clearing labor among the states.
The Employment Service is a part of the One-Stop services delivery system. The One Stop delivery system provides universal access to an integrated array of labor exchange services. Under the one stop delivery system, workers, job seekers, and businesses can find the services they need in one stop and under one roof in easy-to-find locations. The Employment Service offers job seekers a variety of employment-related services, including:
- Skills assessment,
- Job-search assistance,
- Job referrals and placement assistance,
- Re-employment services for unemployment insurance claimants,
- Enforcing job-search requirements for unemployment-insurance claimants, and
- Producing and disseminating labor-market information.
The Employment Service offers for employers:
- Reemployment services for unemployment insurance recipients
- Recruitment services
Moreover, the job seekers who are veterans receive priority referral to jobs and training. The USES provides special employment services and assistance in employment service system. Moreover, the system provides specialized attention and service to individuals with disabilities, migrant and seasonal farm-workers, ex-offenders, youth, minorities and older workers.
Additionally, the Federal Employment Service Act provides for the creation of State agencies. For obtaining the benefits of appropriations apportioned under the Act, the Governor shall designate or authorize the creation of a state agency. A state agency is vested with all powers necessary to cooperate with the Secretary of Labor under the Act[ii]. A state agency must act according to the state statute, complying the provisions of the Federal Employment Service Act. the job service offices provide free-state employment services. The primary purpose of the United States Employment Service Act is to connect an unemployed migrant worker with a job[iii]. State agencies must furnish reports of operations and expenditures to the Secretary of Labor[iv]. The Secretary of Labor has broad rule-making powers to carry out the purposes of the Act[v].
The regulations enacted to implement the Act impose a basic duty on the state employment service agencies to check and certify that the conditions promised by the employer measure up to regulatory standards. The beneficiaries of the Act can seek a private civil remedy against the persons violating the duties imposed by the Act or regulations[vi]. However, the Act imposes an implied private right of action only to domestic workers after a review of the Act and implementing regulations[vii]. In Nieto-Santos v. Fletcher Farms[viii], the court observed that the Act is not meant to benefit alien workers particularly. The object of the Act is to protect the jobs of U S citizens who move around the country. However, alien workers have no implied right of action under the Act.
[i] 29 USCS prec § 49
[ii] 29 USCS § 49c
[iii] Frederick County Fruit Growers’ Asso. v. Marshall, 436 F. Supp. 218 (W.D. Va. 1977).
[iv] 29 USCS prec § 49(h)
[v] 29 USCS prec § 49(k)
[vi] Ramirez v. Ruelas, 736 F.2d 168, 172 (5th Cir. Tex. 1984).
[vii] Gomez v. Florida State Employment Serv., 417 F.2d 569 (5th Cir. Fla. 1969).is
[viii] 743 F.2d 638, 641 (9th Cir. Ariz. 1984).