Legal Issues And Labor Laws For Work Based Learning ProgramsPresentation Transcript
Legal Requirements and Labor Laws for WBL Programs
Title VII Civil Rights Act 1964
Prohibits Discrimination by Employers and Educational Institutions
Applies to employers with 15 or more employees
Employees protected from retaliation from filing complaints or lawsuits
May Not Discriminated based on:
Discrimination is prohibited in:
Treatment of students
Financial & Employment practices
Non academic services
Provide non-discrimination statement on all documents and publications
Americans with Disabilities Act 1990
Prohibits discrimination on the basis of disability in:
Public transportation and accommodations
Public and Private sector organizations
15 or more employees
Basic Areas that Affect WBL
Facilities, accommodations, practices
Vision, Hearing and Other Aids
Discrimination and reasonable accommodations
No undue hardship on business
Refer to Pages 15-3-15-4
Individuals with Disabilities Education Act (IDEA)
Students cannot be discriminated against on the basis of disability
Align activities with Individual Education Plan (IEP)
Opportunity for WBL
Federal Family Rights and Privacy Act
Records Release Statement
Permission must be granted by student (18 or over) or Legal Guardian (under age 18)
I authorize the Hall County School System to release my student’s academic and attendance records to a potential employer, and I agree that the Hall County School System and its agents will be absolved of any responsibility in connection with such release. This authorization can be canceled at any time by written notice to the Apprenticeship Coordinator.
Social Security #
Licensure and Certification
State licensure laws are in place to serve the public interest
Each business and the related student employee must follow the state regulations required in that specific field
Licensure and Certification
Standards pertaining to education, experience, and personnel qualifications are determined by the professional society in each field
Students wishing to become certified under these standards must apply to the certifying board of the specific association and comply with the certificate standards.
Verbal and/or physical action
Male or female
Affects the person’s self-esteem
Quid Pro Quo
Discussing sexual activities
Commenting on physical attributes
Crude and offensive language
Displaying sexual suggestive pictures
Ostracism of workers of one gender or another
Giving job favors to employees who participate in consensual sexual activity
Physical or verbal conduct relating to an individual’s race when the conduct:
Has the purpose or effect of creating an intimidating, hostile, or offensive work or academic environment
Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance
Otherwise adversely affects an individual’s employment or academic opportunities
Safety and Health Occupational Safety and Health Administration (OSHA)
This act requires employers to maintain employment conditions free of recognizable hazards causing, or likely to cause, death or physical harm.
Training in safety and health protection is particularly important for students in Work-Based Learning (WBL) placements who are assuming new duties and responsibilities.
Employers have a responsibility to properly supervise employees in the conduct of activities that pose a foreseeable risk of injury.
OSHA regulations for the workplace are relevant for the WBL student.
WBL Coordinators should be sure safety training is included in the training plan, especially for placements in which the use of tools and working conditions require safety knowledge.
Upon placement at a WBL learning site, each student will be required to complete a W-4 listing his/her Social Security number and the number of dependents claimed for tax information. (*good idea is to obtain a copy of the students social security card & drivers license)
If the student drives a personal/family car the individual personal/family insurance covers accident risks.
Any student that drives a vehicle as part of their work description will be covered under the employer.
Because a WBL placement is an extension of the classroom, the student who drives to work is actually moving from one school location to another, and thus accepts responsibility for his or her own safety in the process.
WBL Coordinators are encouraged to consider including a waiver or permission form in the application packet to ensure that both the student and parents understand this.
Attendance policies can vary greatly among systems. WBL coordinators must work with their CTAE Administrator and others to develop program attendance policies that are coherent and aligned with those of the local system.
It is recommended that WBL students should not be allowed to count any hours for work done at a WBL placement on a day when the student was absent from work.
A student who has a history of high absenteeism might not be a good candidate for WBL.
*A good idea is for the WBL Coordinator to check a students attendance history prior to acceptance in the program.
Equal Opportunity Statement
“The Whitfield County School System is committed to equal opportunity and nondiscrimination in all programs and services, and does not discriminate on the basis of race/ethnicity, color, religion, sex, including marital status, national origin, ancestry, age, sexual orientation, disability, or veteran status.”
Purpose of Child Labor Laws
To protect minors from injury in the workplace and to prevent work from interfering with education
Fair Labor Standards Act (FLSA)
Was enacted in 1938 to regulate labor practices
FLSA requires payment of the federal minimum wage. If there is a state minimum wage established, the higher of the two should be paid
Overtime payment is required for work over 40 hours
Wages are subject to taxes
Wages must be equal for men and women in the same job
Exceptions to Minimum Wage
If receiving tips, wages pay may be less
Student learners and trainees may be paid less
Youth minimum wage program will allow employers to pay under a person under 20 years of age $4.25 per hour for the first 90 days. The employer must receive min. wage after 90 days
Part-time WBL students may be paid at 75% of min. wage. FT WBL students may be paid 85% (employer is required to file a certificate)
Refer to www.dol.gov/esa/regs/compliance/whd/whdfs32.htm
Must be on file for anyone under the age of 18
Obtained through school administrative office
Required for paid and non-paid positions
More info: Section 19 of WBL Manual http://www.dol.state.ga.us/em/online_work_permit.htm
Federal law establishes:
a minor must be at least 14 years of age to be employed (with restrictions)
16 minimum age for employment that is not declared hazardous
18 years old defined as adult worker
employers required to maintain file including date of birth under age 19
No working hour restrictions for ages 16 and up in Georgia
Work Hours for 14 and 15 year-olds employed in non-farm jobs:
Outside school hours
No more than 3 hours on a school day
No more than 18 hours in a school week
No more than 8 hours on a non-school day
No more that 40 hours in non-school weeks
Summer hours – 7AM to 7PM (see manual 15-12 for additional information)
Safety and Procedures Training Agreement for the Workplace
Every workplace has the potential for inherent risk.
Every workplace must have policy and procedures in place concerning safety.
WBL Coordinators should ensure safety training programs are in place for ALL worksites.
Documentation should be on file showing that the worker has completed safety training.
Employment Eligibility Verification for Citizens and Noncitizens
It is illegal to discriminate against work eligible individuals.
WBL Coordinator should ensure that all students have required documentation to prove employment eligibility.
Employer is responsible for I-9 paperwork
Social Security Card
Drivers License or School ID Card
Birth Certificate (original or certified copies)
Form I-9 is required for all employees.
Workers Compensation Insurance
If student is considered “employed” then Workers’ Compensation is required .
Workers’ Compensation is paid for by the employer for both paid and unpaid workers.
Students engaged in “job shadowing” (observer role) are not covered by workers’ compensation.
Insurance Companies can not deny employers workers compensation because employees aged 16-18 are employed.
Students in WBL may or may not be eligible for unemployment benefits.
They are not disqualified due to WBL status.
Students who are terminated are advised to visit the DOL to determine eligibility.
Door to Door Sales and Solicitation by Minors
Strongly discouraged for WBL students.
The WBL Coordinator should seek out another placement site if Door to Door Sales/solicitation is required by the student.
Placement involving Family or Relatives
As a general rule placement with a family member is not appropriate.
Home Office/Private residence does not meet placement criteria.
To be placed at a family owned worksite the business must be recognized as a legitimate business.
Virtually impossible for the coordinator to properly supervise the student.
If placed in a family owned business the student should be supervised by a non-relative.
WBL should use the highest level of professional judgment when approving a family placement .
1. Parent or legal guardian, student, and work-based learning coordinator should agree that the site is the most appropriate site available for the student placement.
2. Care should be taken to ensure that the placement is free from gender or sexual discrimination or exploitation. This includes the workplace environment, uniform or required dress, and advertising and promotion themes.
3. An assessment should be made by the WBL Coordinator to ensure that safe and adequate parking to WBL site.
4. Door-to-door sales or solicitation by minors should be avoided.
5. Commuting distance for the student should be minimal and reasonable.
6. Businesses with a history of crime-related incidents, especially those involving violence, should be avoided.
7. Placements in high-risk occupations should be carefully monitored, with more frequent visitations and training sessions.
8. Adequate training and support should be available to educate the student on particular risks inherent to the placement site
9. Adequate supervision for the student must be ensured at all times.
10. Workers and supervisors at the worksite must be aware of equipment and tasks that are prohibited for student workers.
11. Placement in private homes or the provision of home-bound services at private homes should be carefully evaluated and monitored or should be avoided and an alternate placement secured.
12. Placement in settings that serve alcohol should be carefully monitored to ensure that the placement does not put the student in harassing, unsafe, or illegal situations.
Students’ Rights and Grievance Procedures
1. Students have the right to refuse unsafe work tasks and conditions.
2. Students have the right to file complaints with DOL when they feel their rights have been violated or their safety has been jeopardized.
3. Students are entitled to workers’ compensation for a work-related injury or illness.