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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 18-1330

NOTICES

DEPARTMENT OF
LABOR AND INDUSTRY

Unemployment Compensation; Work Registration Requirement

[48 Pa.B. 5424]
[Saturday, August 25, 2018]

 Section 401(b)(1)(i) of the Pennsylvania Unemployment Compensation Law (act) (43 P.S. § 801(b)(1)(i)), requires that as a condition to receiving unemployment compensation (UC) benefits, a claimant must register for employment search services offered by the Pennsylvania CareerLink® system or its successor agency within 30 days after the claimant's initial application for benefits (work registration requirement).

 The Department of Labor and Industry (Department) promulgated 34 Pa. Code § 65.11(c) (relating to active search for work), which implements the work registration requirement and provides for disqualification from UC benefits if a claimant fails to comply with this requirement.

 Section 65.11(f)(4) of 34 Pa. Code specifies that to satisfy the work registration requirement, a claimant in a labor market located outside this Commonwealth is required to register for employment search services with the employment service that serves the claimant's labor market in addition to registering with the Pennsylvania CareerLink® system.

 Section 401(b)(6) of the act and 34 Pa. Code § 65.11(f)(6) provide that the Department may waive or alter the requirements of section 401(b) of the act or 34 Pa. Code § 65.11, including the work registration requirement, in cases or situations with respect to which the Secretary of the Department (Secretary) finds that compliance with these requirements would be oppressive or inconsistent with the purposes of the act.

 Because the employment search services provided by the Pennsylvania CareerLink® system primarily provide job listings in this Commonwealth and immediately surrounding areas, the Department recognizes that those services may be of limited value to a claimant in a labor market located outside of this Commonwealth.

 Because the employment search services provided by the Pennsylvania CareerLink® system may be of limited value to a claimant in a labor market located outside this Commonwealth and failure to register disqualifies a claimant from UC benefits, the Secretary finds that the requirement in 34 Pa. Code § 65.11(f)(4) for a claimant in a labor market located outside this Commonwealth to register with the Pennsylvania CareerLink®system is oppressive or inconsistent with the purposes of the act.

 Accordingly, under to section 401(b)(6) of the act and 34 Pa. Code § 65.11(f)(6), the Secretary does hereby order and direct that the requirement in 34 Pa. Code § 65.11(f)(4) for claimants in labor markets located outside this Commonwealth to register with the Pennsylvania CareerLink® system is waived. This waiver shall apply to applications for UC benefits filed on or after the date of publication of this notice in the Pennsylvania Bulletin. The requirement in 34 Pa. Code § 65.11(f)(4) for the claimants to register with the employment service that serves the claimant's labor market remains in effect.

W. GERARD OLEKSIAK, 
Secretary

[Pa.B. Doc. No. 18-1330. Filed for public inspection August 24, 2018, 9:00 a.m.]



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