DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

HELPING FLORIDA’ S WORKFORCE GET THE SKILLS IT NEEDS TO STAY EMPLOYED!

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

• Address confusion about the terms incumbent worker and employed worker

• Start a dialogue regarding the definition of employed worker and its statutory meaning and discuss why this dialogue is important

• Discuss the dynamics and requirements for Layoff Aversion Incumbent Worker Training (LAIWT)

• Discuss when LAIWT is appropriate• Entertain questions relating to new EWT/IWT Policy

OBJECTIVES

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

EMPLOYED WORKER TRAINING • An Employed Worker is a working individual seeking retraining

or upgrade of existing skills to obtain or retain a job that leads to self-sufficiency.

• Self-Sufficiency is an RWB-identified wage that allows one to provide for oneself without the help of others. a) at a minimum self-sufficiency means employment that

pays not less than the lower living standard income level (LLSIL) as defined in WIA section 101(24).

b) Self-sufficiency should be defined differently for adults and dislocated workers, and should take into account the needs of individuals with barriers.

• Employed worker training is not a formal program activity that is defined in the law or regulations.

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

TYPES OF EMPLOYED WORKERS 1. Someone who is employed but seeks training through a

One-Stop Center for assistance in getting a better paying job that leads to self-sufficiency.

2. Someone who works for an employer that requests training on their behalf in order to: Allow the employee to retain employment in a job that

leads to self-sufficiency Allow an employee who is currently making less than

the local self-sufficiency standard to upgrade to a better paying position with that employer

3. Dislocated workers who have become re-employed in "income maintenance" jobs and need the training to get a better paying job that leads to self-sufficiency.

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

INCUMBENT WORKER TRAINING

20 CFR 665.100- 665.210

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

An incumbent worker is an individual who is employed, but is not required to meet the eligibility criteria for intensive and training services for employed adults and dislocated workers as defined in 20 CFR 663.220(b) and 663.310. (WIA sec 134(a)(3)(A)(iv)(I)).

INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

• Authorized by USDOL Waiver• Limited Duration• Currently LAIWT

LocalAdministered by RWB

• Authorized by WIA• Innovative IWT Programs• The State determines eligibility

requirements

State LevelAdministered by WFI

INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

When workers lack needed training and businesses experience skill gaps, the company may find it difficult to –

o Compete o Expando Retain workers

Statewide Incumbent Worker Training Programs, funded by WIA, addresses these challenges.

STATE LEVEL - INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

The purpose of the program is to provide grants to employers to assist with certain expenses associated with skills upgrade training for full-time employees of the company. The statewide program helps established Florida businesses to:

o Provide training and education for current workers

o Improve employee productivity o Reduce employee turnover o Increase business competitiveness

STATE LEVEL - INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

STATE LEVEL - INCUMBENT WORKER TRAINING WFI maintains applications submitted by

businesses as well as participant files. IWT data is not entered into EFM. WFI is responsible for IWT activities. Regions may recommend companies for IWT

participation.

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

LOCAL INCUMBENT WORKER TRAINING

LAYOFF AVERSION

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

Since 2005 the United State Department of Labor (USDOL) has approved Florida’s waiver requests that permits local areas to use a portion of local formula funds for incumbent worker training.

Under the current waiver, local boards are allowed to conduct IWT with local formula funds but only as part of a layoff aversion strategy.

LOCAL INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

WAIVERS

Over the years, the waiver authority continued in various forms. For the remainder of this discussion “IWT waiver” refers to the past and current Florida waivers permitting RWBs to use formula funds for local IWT.

2005 - 2008 2009-2010 2011-2012

Waiver allowed 20 % of local Adult and Dislocated Worker formula funds to be used as IWT funds without any restrictions or stipulations.

2007 – 2008 Additions:

• Report outcome in WIASRD

• Tracking of funding stream

10% of local Adult and Dislocated Worker formula funds to be used as IWT funds. • For layoff aversion only• Limited to skills

upgrading• Adult funds to serve

low income participants• TEGLs 26-09 and 30-09• WIASRD & Tracking

20% of local Dislocated Worker formula funds to be used as IWT funds. • For layoff aversion only• Limited to skills upgrading• Adult funds to serve low

income participants• TEGLs 26-09 and 30-09• WIASRD & Tracking

EMPLOYED AND INCUMBENT WORKER TRAINING AT THEREGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

LOCAL INCUMBENT WORKER TRAINING

The Term “Layoff Aversion Incumbent Worker Training” (LAIWT) describes the local IWT referred to in the State’s latest waiver. See EWT/IWT Final Guidance 060 and AWI Memorandum dated May 31, 2011 for more information on LAIWT.

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

Local Incumbent Worker Training Employed Workers Training Macro Level Micro Level

Industry - Company - or Association Individual Training Assistance Avert Anticipated Layoff - Aversion Obtain - Retain - MaintainFuture Focused Now

LOCAL INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

LAYOFF AVERSION IWT REQUIREMENTS: 1. Must establish criteria to determine a layoff risk, and

when and whether IWT is an appropriate response - Risk Indicator.

2. Must establish criteria for identifying employers, targeted industries and economic sectors in need of Layoff Aversion IWT

3. Must establish a process for determining eligibility of incumbent workers served under waiver

LOCAL INCUMBENT WORKER TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

4. Must establish a procedure on how to document that a layoff was avoided

5. Must establish procedures and criteria to determine how the skills attained under the waiver will contribute either to the maintenance of employment or increase in employment security for workers

LAYOFF AVERSION IWT REQUIREMENTS – cont’dLOCAL INCUMBENT WORKER

TRAINING

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

Customized Training

Occupational Skills

Training

On The Job

Training

TOOLS

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

• WIA Sections 101(8)(C), 101(31)(B), 122(c), 133(b)(4), 134(a)(1)(A), 134(a)(3)(A)(iv), 134(d)(4)(E), 136(b) and 189(i)(4)

• Title 20 Code of Federal Regulations (Title 20 CFR) Sections 661.420, 663.530, 664.510 and 667.140

• Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 30-09, Layoff Aversion Definition and the Appropriate Use of WIA Funds for Incumbent Worker Training (IWT) for Layoff Aversion Using a Waiver (June 8, 2010)

• DOL TEGL 26-09, WIA Waiver Policy and Waiver Decisions for Program Year (PY) 2009 and 2010 (May 12, 2010)

REFERENCES

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL

DEPARTMENT OF ECONOMIC OPPORTUNITY WORKFORCE INVESTMENT ACT

QUESTIONS OR ADDITIONAL INFORMATION

Corey J. McCasterGovernment Operations Consultant IICorey.Mccaster@deo.myflorida.com (850) 245-7402

Isabelle PottsGovernment Operations Consultant IIIsabelle.Potts@deo.myflorida.com (850) 921-3148

EMPLOYED AND INCUMBENT WORKER TRAINING AT THE

REGIONAL LEVEL