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BALCA Affirms that 20 C.F.R. § 656.17(f)(6) Does Not Apply to Job Orders

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BALCA recently upheld its previous decisions that found that 20 C.F.R. § 656.17(f)(6) does not apply to state workforce agency job orders. In Matter of Pinnacle Technical Resources, Inc., the employer submitted a labor certification for a “Technical Recruiter.” The labor certification specified that the position was responsible for a number of recruitment related activities, including screening, interviewing, and conducting training of new employees. The case was audited and the employer submitted a job order in its audit response that stated that the position was responsible for activities that included analyzing payroll and benefits, employment verification, unemployment claims, and time sheet management. The Certifying Officer (“CO”) denied the case on the basis that the job order contained duties that “exceeded the job duties listed on the ETA Form 9089,” which was in violation of 20 C.F.R. § 656.17(f)(6). The employer appealed the case. BALCA reviewed its prior case law and determined that “the denial cannot be sustained because § 656.17(f)(6) only applies to advertisements placed in newspapers of general circulation or in professional journals. It does not regulate the content of SWA job orders.” While it is critical that recruitment match the job duties and requirements specified in a labor certification, the Hammond Law Group applauds BALCA for reminding the Department of Labor that job orders do not have the same content requirements as are demanded of newspaper advertisements and professional journals. This post originally appeared on HLG's Views blog by Cadence Moore. http://www.hammondlawgroup.com/blog/.

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