Waivers/WorkFlex (Workforce Flexibility Plan)

20 C.F.R. Part ..., Subpart E
in effectEffective: 2024-07-01

20 C.F.R. § 679.600 What is the purpose of the general statutory and regulatory waiver authority in the Workforce Innovation and Opportunity Act?

(a) The purpose of the general statutory and regulatory waiver authority provided at sec. 189(i)(3) of the WIOA is to provide flexibility to States and local areas and enhance their ability to improve the statewide workforce development system to achieve the goals and purposes of WIOA. (b) A waiver may be requested to address impediments to the implementation of a Unified or Combined State Plan, including the continuous improvement strategy, consistent with the purposes of title I of WIOA as identified in § 675.100 of this chapter.

20 C.F.R. § 679.610 What provisions of the Workforce Innovation and Opportunity Act and the Wagner-Peyser Act may be waived, and what provisions may not be waived?

(a) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of subtitles A, B and E of title I of WIOA, except for requirements relating to: (1) Wage and labor standards; (2) Non-displacement protections; (3) Worker rights; (4) Participation and protection of workers and participants; (5) Grievance procedures and judicial review; (6) Nondiscrimination; (7) Allocation of funds to local areas; (8) Eligibility of providers or participants; (9) The establishment and functions of local areas and Local WDBs; (10) Procedures for review and approval of State and Local plans; (11) The funding of infrastructure costs for one-stop centers; and (12) Other requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter. (b) The Secretary may waive for a State, or local area in a State, any of the statutory or regulatory requirements of secs. 8 through 10 of the Wagner- Peyser Act (29 U.S.C. 49g-49i) except for requirements relating to: (1) The provision of services to unemployment insurance claimants and veterans; and (2) Universal access to the basic labor exchange services without cost to job seekers.

20 C.F.R. § 679.620 Under what conditions may a Governor request, and the Secretary approve, a general waiver of statutory or regulatory requirements under the Workforce Innovation and Opportunity Act?

(a) The Secretary will issue guidelines under which the States may request general waivers of WIOA and Wagner-Peyser Act requirements. (b) A Governor may request a general waiver in consultation with appropriate chief elected officials: (1) By submitting a waiver plan which may accompany the State's WIOA 4-year Unified or Combined State Plan or 2-year modification; or (2) After a State's WIOA Plan is approved, by separately submitting a waiver plan. (c) A Governor's waiver request may seek waivers for the entire State or for one or more local areas within the State. (d) A Governor requesting a general waiver must submit to the Secretary a plan to improve the statewide workforce development system that: (1) Identifies the statutory or regulatory requirements for which a waiver is requested and the goals that the State or local area, as appropriate, intends to achieve as a result of the waiver and how those goals relate to the Unified or Combined State Plan; (2) Describes the actions that the State or local area, as appropriate, has undertaken to remove State or local statutory or regulatory barriers; (3) Describes the goals of the waiver and the expected programmatic outcomes if the request is granted; (4) Describes how the waiver will align with the Department's policy priorities, such as: (i) Supporting employer engagement; (ii) Connecting education and training strategies; (iii) Supporting work-based learning; (iv) Improving job and career results; and (v) Other priorities as articulated in guidance; (5) Describes the individuals affected by the waiver, including how the waiver will impact services for disadvantaged populations or individuals with multiple barriers to employment; and (6) Describes the processes used to: (i) Monitor the progress in implementing the waiver; (ii) Provide notice to any Local WDB affected by the waiver; (iii) Provide any Local WDB affected by the waiver an opportunity to comment on the request; (iv) Ensure meaningful public comment, including comment by business and organized labor, on the waiver; and (v) Collect and report information about waiver outcomes in the State's WIOA Annual Report. (7) The Secretary may require that States provide the most recent data available about the outcomes of the existing waiver in cases where the State seeks renewal of a previously approved waiver. (e) The Secretary will issue a decision on a waiver request within 90 days after the receipt of the original waiver request. (f) The Secretary will approve a waiver request if and only to the extent that: (1) The Secretary determines that the requirements for which a waiver is requested impede the ability of either the State or local area to implement the State's Plan to improve the statewide workforce development system; (2) The Secretary determines that the waiver plan meets all of the requirements of WIOA sec. 189(i)(3) and §§ 679.600 through 679.620; and (3) The State has executed a memorandum of understanding (MOU) with the Secretary requiring the State to meet, or ensure that the local area meets, agreed-upon outcomes and to implement other appropriate measures to ensure accountability. (g) A waiver may be approved for as long as the Secretary determines appropriate, but for not longer than the duration of the State's existing Unified or Combined State Plan. (h) The Secretary may revoke a waiver granted under this section if the Secretary determines that the State has failed to meet the agreed upon outcomes, measures, failed to comply with the terms and conditions in the MOU described in paragraph (f) of this section or any other document establishing the terms and conditions of the waiver, or if the waiver no longer meets the requirements of §§ 679.600 through 679.620.

20 C.F.R. § 679.630 Under what conditions may the Governor submit a workforce flexibility plan?

(a) A State may submit to the Secretary, and the Secretary may approve, a workforce flexibility (workflex) plan under which the State is authorized to waive, in accordance with the plan: (1) Any of the statutory or regulatory requirements under title I of WIOA applicable to local areas, if the local area requests the waiver in a waiver application, except for: (i) Requirements relating to the basic purposes of title I of WIOA described in § 675.100 of this chapter; (ii) Wage and labor standards; (iii) Grievance procedures and judicial review; (iv) Nondiscrimination; (v) Eligibility of participants; (vi) Allocation of funds to local areas; (vii) Establishment and functions of local areas and Local WDBs; (viii) Procedures for review and approval of local plans; and (ix) Worker rights, participation, and protection. (2) Any of the statutory or regulatory requirements applicable to the State under secs. 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g-49i), except for requirements relating to: (i) The provision of services to unemployment insurance claimants and veterans; and (ii) Universal access to basic labor exchange services without cost to job seekers. (3) Any of the statutory or regulatory requirements applicable under the Older Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq.), to State agencies on aging with respect to activities carried out using funds allotted under OAA sec. 506(b) (42 U.S.C. 3056d(b)), except for requirements relating to: (i) The basic purposes of OAA; (ii) Wage and labor standards; (iii) Eligibility of participants in the activities; and (iv) Standards for grant agreements. (b) A workforce flexibility plan submitted under paragraph (a) of this section must include descriptions of: (1) The process by which local areas in the State may submit and obtain State approval of applications for waivers of requirements under title I of WIOA; (2) A description of the criteria the State will use to approve local area waiver requests and how such requests support implementation of the goals identified State Plan; (3) The statutory and regulatory requirements of title I of WIOA that are likely to be waived by the State under the workforce flexibility plan; (4) The statutory and regulatory requirements of secs. 8 through 10 of the Wagner-Peyser Act that are proposed for waiver, if any; (5) The statutory and regulatory requirements of the OAA that are proposed for waiver, if any; (6) The outcomes to be achieved by the waivers described in paragraphs (b)(1) through (5) of this section including, where appropriate, revisions to adjusted levels of performance included in the State or local plan under title I of WIOA, and a description of the data or other information the State will use to track and assess outcomes; and (7) The measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers. (c) A State's workforce flexibility plan may accompany the State's Unified or Combined State Plan, 2-year modification, or may be submitted separately as a modification to that plan. (d) The Secretary may approve a workforce flexibility plan consistent with the period of approval of the State's Unified or Combined State Plan, and not for more than 5 years. (e) Before submitting a workforce flexibility plan to the Secretary for approval, the State must provide adequate notice and a reasonable opportunity for comment on the proposed waiver requests under the workforce flexibility plan to all interested parties and to the general public. (f) The Secretary will issue guidelines under which States may request designation as a work-flex State. These guidelines may require a State to implement an evaluation of the impact of work-flex in the State.

20 C.F.R. § 679.640 What limitations apply to the State's workforce flexibility plan authority under the Workforce Innovation and Opportunity Act?

(a)(1) Under work-flex waiver authority a State must not waive the WIOA, Wagner-Peyser Act or OAA requirements which are excepted from the work-flex waiver authority and described in § 679.630(a). (2) Requests to waive statutory and regulatory requirements of title I of WIOA applicable at the State level may not be granted under work-flex waiver authority granted to a State. Such requests only may be granted by the Secretary under the general waiver authority described at §§ 679.610 through 679.620. (b) As required in § 679.630(b)(6), States must address the outcomes to result from work-flex waivers as part of its workforce flexibility plan. The Secretary may terminate a State's work-flex designation if the State fails to meet agreed-upon outcomes or other terms and conditions contained in its workforce flexibility plan.

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