Legal Issues And Labor Laws For Work Based Learning Programs
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Legal Issues And Labor Laws For Work Based Learning Programs

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Legal Issues And Labor Laws For Work Based Learning Programs Legal Issues And Labor Laws For Work Based Learning Programs Presentation 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:
      • Race
      • Color
      • Religion
      • Gender
      • National Origin
      • Marital Status
      • Veteran Status
      • Age
      • Disability
      • Ethnicity
  • Discrimination is prohibited in:
    • Admission
    • Recruitment
    • Treatment of students
    • Academic requirements
    • Financial & Employment practices
    • Non academic services
    • Health
    • Welfare
    • Social Services
  • WBL Responsibilities
    • Provide non-discrimination statement on all documents and publications
  • Americans with Disabilities Act 1990
    • Prohibits discrimination on the basis of disability in:
      • Public services
      • Employment
      • Public transportation and accommodations
      • Telecommunications
    • Public and Private sector organizations
    • 15 or more employees
  • Basic Areas that Affect WBL
    • General
      • Facilities, accommodations, practices
    • Auxiliary Aids
      • Vision, Hearing and Other Aids
    • Physical Barriers
      • Accessibility
    • Employment
      • 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
  • Helpful Websites
    • www.eeoc.gov/types/ada.html
    • www.eeoc.gov/policy/bii.html
  • Confidentiality/Privacy
    • Federal Family Rights and Privacy Act
    • Records Release Statement
      • Permission must be granted by student (18 or over) or Legal Guardian (under age 18)
      • Sample Statement:
        • 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.
  • Confidentiality/Privacy
      • Protected Information:
        • Classes taken
        • Skills
        • Grades
        • Social Security #
        • Family Information
  • Licensure and Certification
    • Licensure
      • 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
    • 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.
  • Sexual Harassment
    • Verbal and/or physical action
    • Male or female
    • Affects the person’s self-esteem
    • Affects productivity
    • Two Types
      • Quid Pro Quo
      • Hostile Environment
  • Sexual Harassment
    • May include:
      • Discussing sexual activities
      • Unnecessary touching
      • Commenting on physical attributes
      • Unseemly gestures
      • 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
  • Racial Harassment
    • 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.
  • Social Security
    • 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)
  • Transportation
    • 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
    • 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 regulates
      • Minimum wage
      • Overtime
      • Child labor
      • Equal pay
  • Wages
    • 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
    • Employment programs
      • 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
  • Work Permit
    • 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
  • Age Requirements
    • 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
      • Additional info: http://www.dol.gov/elaws/esa/flsa/docs/wecep.asp
  • Working Hours
    • 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.
  • Unemployment Insurance
    • 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
    • Not prohibited
    • Strongly discouraged for WBL students.
      • Safety Reasons
      • Security Reasons
    • 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.
      • Business License
      • ID Number
    • 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 .
  • Guidelines….
    • 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.
  • Guidelines….
    • 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.
  • Guidelines….
    • 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
  • Guidelines….
    • 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.