(2) Piece rates shall be designed to produce hourly earnings at least equivalent to the hourly rate specified in subparagraph (1) of this paragraph for the State in which the work is to be performed and no workers shall be paid less than the specified hourly rate.

(b) Where the prevailing rate for a crop activity in an area of employment is higher than the wage rate otherwise applicable under paragraph (a) (1) of this section, such higher prevailing rate shall be offered and paid.

(c) The minimum wage rates to be offered workers in the logging industry shall be the rates prevailing for logging activities or the rates determined by the Secretary of Labor to be necessary to prevent adverse effect upon U.S. logging workers, whichever is higher.

(d) Payment of wages shall be made in accordance with the prevailing practice in the area of employment, but in no event shall the worker be paid less frequently than biweekly.

(e) Upon application to, and approval by, the Secretary of Labor in each case, an agricultural employer may use piece rates which are designed to, and do, produce earnings by his employees engaged in the type of work covered by the job offer or contract, the average of which for the weekly or biweekly period is 25 percent higher than the hourly rates applicable under paragraph (a) of this section for agricultural workers. Should the average of the hourly earnings of such employees fall below this requirement, each worker's earnings for each payroll period within such weekly or biweekly period must be increased by the percentage needed to bring the total average to this requirement.

(f) Where both U.S. and foreign workers are engaged in the same tasks, wage rates that favor one such group and thereby discriminate against the other may not be paid.

(8 CFR 214.2 (h)) [32 F.R. 4571, Mar. 28, 1967, as amended at 33 F.R. 6290, Apr. 25, 1968; 35 F.R. 12394, Aug. 4, 1970]

§ 602.11 Services and facilities.

Each State agency shall provide, in an efficient and effective manner, the public employment services described in §§ 602.2 to 602.10, inclusive, through adequate local employment office facilities. Each State agency shall maintain local employment office facilities of such number, size, and location as may be necessary in view of the population distribution and the industrial and agricultural and related industry employment pattern of the State and of communities within the State.

[18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953]

(a) Official identification. The official name of the statewide system of public employment offices and the name on all official signs, stationery, and documents used in connection with the statewide system of public employment offices shall be"

State Employment Service". To associate the State Employment Service and its local offices with the nationwide public employment service system in each instance where this name appears on official signs, stationery, and documents, there shall also appear (in appropriate size) the following symbol of identification:

PUBLIC EMPLOYMENT SERVICE

SERVICE FOR EVERYONE LOCAL STATE NATIONAL

(b) State director. Each state-wide system of public employment offices shall be under the supervision and direction of a State director (as defined in § 602.1 (d)), who shall devote his full time to employment service activities, except that such State director may also supervise and direct the following unemployment insurance activities: The taking of claims, the making of decisions thereon, and the payment of claims. He may also supervise such other activities as the Manpower Administrator finds, in the light of special circumstances, will not impede the proper and efficient administration of the employment service program.

(c) Local managers. Each local public employment office shall, with respect to all its employment service activities, be under the direction and supervision of a local office manager, who shall be responsible to the State director (as defined in § 602.1 (d)) for the proper and efficient administration of the employment service activities performed in such local office and who may, in addition, be responsible for other designated activities which are closely related to and will not impede the proper and efficient administration of, the employment service activities of a local employment office. These activities may include the supervision and direction of unemployment insurance activities relating to claims for benefits, such as the taking of claims, the making of decisions thereon, and the payment of claims, performed in such local offices.

(d) Maintenance of employment service activities in local offices. Under emergency circumstances, and giving due regard to the proper and efficient performance of employment service activities, personnel required for the performance of local office employment service functions may assist in the performance of unemployment insurance activities described in paragraphs (b) and (c) of this section for limited periods of time. Under emergency circumstances and for limited periods of time, the services of unemployment insurance personnel in local offices may be accepted to assist in the performance of local office employment service activities. Notwithstanding any of the provisions of this paragraph to the contrary, clerical services may be used interchangeably between the employment service and unemployment insurance activities.

(e) Staff training. Each State agency shall maintain an effective program for the development of its personnel through staff training. Such a program shall include provision for adequate and appropriate planning, exccution, evaluation, and control of staff training.

the

(f) Other forms of administrative organization or divisions of administrative responsibility. Notwithstanding other provisions of this part relating to forms of administrative organization and divisions of administrative responsibility, the Manpower Administrator may approve other forms of administrative organization and divisions of administrative responsibility, which he finds are reasonably calculated to carry out the purposes of the Wagner-Peyser Act and maintain the identity of the State-wide system of public employment offices as a part of the Nation-wide system of public employment offices.

[15 F.R. 5888, Aug. 31, 1950, as amended at 18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953; 25 F.R. 9046, Sept. 21, 1960. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.13 Arrangements between United States Training and Employment Service and related Federal agencies. The Manpower Administrator is authorized to enter into appropriate arrangements with other Federal agencies for the coordination of activities and the exchange of services which relate to the purposes and program of the FederalState cooperative national sysem of public employment offices provided for in this chapter. Each State agency shall comply with and carry out such arrangements.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.14 Manual of instructions.

The Manpower Administrator shall provide the States with a comprehensive guide on all matters pertinent to the Federal-State cooperative program for the maintenance of a national system of public employment offices, to be included in the Employment Security Manual.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.15 Personnel administration.

Each State shall maintain, with respect to personnel employed in the State system of public employment offices, a merit system of personnel administration

which complies with the Manpower Administration "Standards for a Merit System of Personnel Administration."

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.16 Fiscal affairs.

Each State agency shall comply with the Manpower Administration Fiscal Standards, set forth in Part IV of the Employment Security Manual.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.17 Advisory councils.

Each State agency shall maintain a State advisory council constituted in the manner and for the purpose described in section 11(a) of the Wagner-Peyser Act, and shall maintain local advisory councils, in such communities and constituted in such manner as the State agency deems necessary to promote and assist in the carrying out of the services and activities described in those regulations.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951] § 602.18

ords.

Confidential character of rec

Each State agency shall:

(a) Assure that all information contained in the records of the State employment service and secured from workers, employers or other persons or groups as an incident to the State public employment service program, is used solely for the purpose of administering the State system of public employment offices as part of a national system of public employment offices, except that such information may be disclosed for other purposes in accordance with policies promulgated by the Manpower Administrator to assure that such disclosures will not impede the operation of or be inconsistent with the purposes of the public employment service program.

(b) With respect to the receipt, storage, custody, dissemination and transmission of materials classified for national security purposes, comply with such procedures and instructions as may be promulgated by the Secretary of Labor or by such other officials of the Department of Labor as he may designate.

[16 F.R. 5316, June 6, 1951. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

Each State agency shall file with the United States Training and Employment Service and keep current such information and reports on local labor market conditions and the State agency's operations, activities, workload and expenditures as the Manpower Administrator may from time to time require to carry out the provisions of the Wagner-Peyser Act, and in connection therewith, shall maintain the procedures and programs and carry out the instructions set forth in Part III of the Employment Security Manual and such other instructions as the Manpower Administrator may from time to time approve. Each State agency shall cooperate in the making of such studies, surveys and investigations by the Manpower Administrator or his representatives, and in the carrying out of such studies, procedures and programs as the Manpower Administrator from time to time finds necessary to carry out the Wagner-Peyser Act.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 1951]

§ 602.20 State plans of operation.

Each State desiring to receive the benefits of the Wagner-Peyser Act shall submit detailed plans for carrying out the provisions of the act in accordance with the instructions to State agencies for preparation and submittal of State plans of operation under the Wagner-Peyser Act prescribed by the Secretary of Labor (or by the official to whom he has delegated authority to issue such instructions) and contained in Part I of the Employment Security Manual. If such plans are found in compliance with this section, they shall be approved and due notice thereof shall be communicated to the State agency.

[18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953]

§ 602.21 Delegation of authority.

The Manpower Administrator is hereby authorized except as otherwise provided in Parts 602 and 605 of this chapter, to issue any standard or instruction or to take any other action provided for in such parts, and to delegate further any authority so delegated to him.

[18 F.R. 306, Jan. 15, 1953; 18 F.R. 2819, May 15, 1953]

§ 602.22 Amounts and purposes of

grants.

Grants to States under the act of June 6, 1933 (48 Stat. 113), as amended, shall be in such amounts and shall be available for expenditure for such purposes as are determined to be necessary for the proper and efficient administration of the statewide system of public employment offices as part of the national public employment office system, in accordance with the provisions of the Wagner-Peyser Act, and such instructions as may be issued from time to time thereunder.

[15 F.R. 5889, Aug. 31, 1950. Redesignated at 16 F.R. 9142, Sept. 8, 19511

§ 603.1

Letter of transmittal.

All materials submitted to the Manpower Administration by the State agency as part of its plan of operationwhether in the form of an original submittal or an amendment should be accompanied by a letter of transmittal, prepared in accordance with the following provisions:

(a) Request for approval. The letter of transmittal should state that the accompanying statements and attachments are submitted as a plan of operation (or as amendments to a plan of operation) pursuant to the provisions of the Wagner-Peyser Act, as amended. The Manpower Administrator should be requested to approve the plan (or the amendments) as submitted.

(b) List of documents. The letter of transmittal should list each section of

the plan being transmitted and the document being submitted thereunder.

(c) Submittal of the plan and amendments. (1) The original should state that the plan is submitted as a continuing plan; should designate the effective date; and should certify that the plan will be kept current by the submittal for incorporation in the plan of necessary amendatory materials.

(2) A similar letter of transmittal should accompany each amendment to the plan. The letter should request that the proposed amendments be incorporated in the plan, and should, if they are to be substituted for other provisions previously submitted and accepted, request that the substitution be made.

(d) Signature. The letter of transmittal should bear the signature and title of the State official or officials authorized under the State law to submit the plan of operation. If the State agency is a commission or other body, rather than a single official, the original letter of transmittal should be accompanied by a certified copy of the minutes of the commission or other body approving the plan and authorizing the signing official to submit the plan on behalf of the State agency.

Any newly adopted legal material and any rescission or amendment of legal material previously incorporated in the plan should be submitted currently for approval as a part of the plan. Each new item of legal material should be accompanied by a statement identifying the previously incorporated legal material-including the page and section of the plan where it occurs-which the new legal material amends or renders obsolete.

(a) Opinion of State Attorney General. The legal material must include an opinion of the State Attorney General or other appropriate State official stating that the State statutes authorize the State agency to submit the plan and administer the State Employment Service, in accordance with the Act of June 6, 1933 (48 Stat. 133), as amended, and Title IV of the Servicemen's Readjustment Act of 1944 as amended.

(b) Legislative and executive promulgations. Legislative and executive promulgations submitted as a part of the plan should include constitutional and statutory provisions, proclamations,

executive orders, rules and regulations, and any other materials which constitute or determine the legal basis for the plan, or any materials having the force or effect of law and affecting in any respect the operation of the State Employment Service (other than those affecting only fiscal management or personnel administration). This material must include the State statute accepting the WagnerPeyser Act and creating the State agency to administer the Statewide system of public employment offices in cooperation with the United States Training and Employment Service. The material should also include legislation creating the department or agency of State government in which the State public employment office system is located. Organization and enabling laws to be submitted under this section of the plan include constitutional, statutory, and administrative legal materials relating to the establishment of the State agency and its program, accepting the provisions of the Wagner-Peyser Act, defining the relationships between the State agency and the department or other agency of State government in which it is located, and constituting the legal authority for the material required under all provisions of the plan.

(c) Court decisions and legal opinions. When any court decisions or legal opinions are rendered affecting any part of the plan or the operation of the State Employment Service, they should be submitted promptly. Opinions of appropriate State officials will be requested, for incorporation in the plan, when the intent of a statute or constitutional provision is not clear or if there is any question as to the authority of an agency to issue a rule or regulation or take any other action provided for in the plan. § 603.3

Action taken to carry out United States Training and Employment Service regulations.

Submit a statement that the State agency will comply with and carry out the regulation prescribed by the Secretary of Labor under the WagnerPeyser Act and entitled "Cooperation of the United States Training and Employment Service and States in Establishing and Maintaining a National System of Public Employment Offices."

§ 603.4 Policies and operating instructions.

(a) Submit a statement that the State agency will adhere to the basic

50-040-71- 40

standards set forth as United States Training and Employment Service policies and policies of the Secretary of Labor in the Employment Security Manual, and will maintain an organization and procedures necessary to carry out effectively such policies. The statement should indicate one of two types of action by the State agency to make such policies and procedures effective:

(1) The adoption of the Manual as issued by the Manpower Administration as the vehicle for issuing instructions on employment service matters to local offices; or

(2) The issuance of instructions on employment service matters to local offices through a State agency manual or bulletin series.

(b) These policies shall not be repeated in the plan of operation for each State agency but shall be incorporated therein by reference.

§ 603.5 Employment service budget.

Submit a statement that, upon final approval by the Manpower Administrator, each budget request involving expenditures for employment service purposes and any change or adjustment in such a budget is to be incorporated as a part of the State plan of operation.