---
kind: "section"
citation: "20 C.F.R. § 679.630"
title: "20"
number: "679.630"
heading: "Under what conditions may the Governor submit a workforce flexibility plan?"
url: "https://uscodex.org/cfr/20/679.630"
---

# §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](/cfr/20/675.100.md) 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](/usc/29/49g-49i.md)), 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](/usc/42/3001.md) et seq.), to State agencies on aging with respect to activities carried out using funds allotted under OAA [sec. 506(b)](/cfr/20/506.md?p=b) ([42 U.S.C. 3056d(b)](/usc/42/3056d.md?p=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)](#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)](#b-1..b-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.

## Notes

### Authority

Authority: Secs. 101, 106, 107, 108, 189, 503, Public Law 113-128, 128 Stat. 1425 (Jul. 22, 2014).

### Source

Source: 81 FR 56371, Aug. 19, 2016, unless otherwise noted.