Unpaid Work Based Learning Options

Spring Workability Conference

Spring 2013

• Unpaid Work Based Learning (WBL)– Trainee– Internship– Job Shadow– Volunteer

• Resources– B1-6 Volunteer Permit– Sample Agreement

Topics for Today

Work-Based Learning (WBL)

Definition• An effective approach to employment preparation for youth with

disabilities.

• Delivers career and technical education and training to youth with disabilities in a workplace setting rather than in typical school settings.

• Students aged 14 yrs or older engage in unpaid career exploration, career assessment, and work-related training experience to identify their career interests, assess their employment skills and training needs, write a learning plan, and develop skills and attitudes necessary for paid employment.

FLSA & WBL Career Exploration, Career Assessment, &

Work-Related Training Components

• Statement of Principle– CA Dept of Labor & CA Dept of Education jointly prepared

this statement with Policy Guidelines governing the participation of youth with disabilities in employment settings for career exploration, career assessment, and work-related training.

– Youth with disabilities who engage in nonpaid career exploration, career assessment, and work-related training activities are not considered employees of the businesses in which they receive these services only if they can demonstrate compliance with all of the 10 guidelines listed below.

10 Guidelines

1. Participants will be youth with physical and/or mental disabilities for whom competitive employment at or above the minimum wage level is not immediately obtainable and who, because of their disability, will need intensive ongoing support to perform in a work setting.

2. Participation will be career exploration, career assessment, or work-related training at a worksite placement under the general supervision of public school personnel.

10 Guidelines

3. Worksite placements will be clearly defined components of IEPs developed and designed for the benefit of each student. The statement of needed transition services established for the exploration, assessment, training, or cooperative work experience components will be included in the student’s IEP.

10 Guidelines4. Information contained in the student’s IEP will not be

made available; however, documentation as to the student’s enrollment in the work-based learning program will be made available to the Departments of Labor and Education.

The student and his/her parent(s) or guardian(s) must be fully informed of the IEP and the career exploration, career assessment, or work-related training components and have indicated voluntary participation with the understanding that participation in these components does NOT entitle the student-participant to wages or other compensation for duties performed at the worksite placement.

10 Guidelines

5. The activities of the student at the worksite do not result in an immediate advantage to the business.

6. The Dept of Labor looks at the following factors to determine if this guideline is being met:

There has been no displacement of employees, vacant positions have not been filled, employees have not been relieved of assigned duties, and the students are not performing services that, although not ordinarily performed by employees, clearly are of benefit to the business.

10 GuidelinesThe Dept of Labor also looks to see that students are:

Under continued and direct supervision by either representatives of the school or by employees of the business.

The student received ongoing instruction and close supervision at the worksite during the entire experience, resulting in any tasks the student performs being offset by the burden to the employer of providing ongoing training and supervision.

Such placements are made according to the requirements of the student’s IEP and not to meet the labor needs of the business.

10 Guidelines

7. The periods of time spent by the students at any one site or in any clearly distinguishable job classification are specifically limited by the IEP.

8. While the existence of an employment relationship will not be determined exclusively on the basis of number of hours, as a general rule, each component will not exceed the following limitation during any one school year:

Career Exploration—5 hours per job experienced

Career Assessment—90 hours per job experienced

Work-Related training—120 hours per job experienced

10 Guidelines

9. Students are not automatically entitled to employment at the business at the conclusion of their IEP.

However, once a student has become an employee, the student cannot be considered a trainee at that particular worksite placement unless in a clearly different occupation.

10. Schools and participating businesses are responsible for ensuring that all 10 of these guidelines are met. If any of these guidelines are not met, an employment relationship exists, and participating businesses can be held responsible for full compliance with the FLSA.

Definition: When a student is in an unpaid placement so that he/she may learn a particular job.

Unpaid Training

Do Students Need to be Paid?Do FLSA Child Labor Laws Apply?

If ALL 6 criteria are YES, wages are NOT required:1. Training is similar to that in a vocational program.

2. Training is for the benefit of the trainee or student.

3. A trainee does not displace regular workers.

4. Employer derives no immediate advantage from the activities at the work site.

5. A trainee is not necessarily entitled to a job at the conclusion of training.

6. The employer and employee understand that the trainee is not entitled to wages for time spent in training.

If ANY are NO, then student qualifies as an employee and needs to be PAID!

• A comprehensive training plan• Activity involving the performance of work• Planned, sequential learning occurs, resulting in skills

documentation• Youth are exposed to all aspects of the industry• Placement provides challenging real or simulated tasks

Do the Following:

Additional Requirements According to CDE/WorkAbility 1

Definition: •Provides students an opportunity to participate in unpaid WBL for a specified period of time to learn about a particular industry or occupation.

•In most internship situations a workplace mentor instructs the student, critiques the performance, challenges and encourages the students to do well.

•It is critical to ensure that all aspects of criteria outlined by the FLSA are met to ensure that this experience is a work-based learning experience not employment.

Unpaid Internship

• Do:– Create a training plan with time line and training

objectives– Encourage regular evaluation documents– Connect Internship activities to academic skills

• Don’t– Pay the student– Promise subsequent employment at internship

sites

Do’s & Don’ts for Unpaid Internships

Definition: •A career exploration activity that offers an opportunity to spend time with a professional currently working in a person’s career field of interest. •Students follow and observe employee at a work site for a specified period of time to learn about a particular job and the work environment.

Job Shadowing

• Do…– Complete job shadow agreement– Monitor hours to be no less than 3 and no more

than 25 hours per semester.– Follow & observe an employee’s work routine.

• Don’t…– Allow students to perform employee duties.– Go over 25 hours in a semester.

Do’s & Don’ts for Job Shadows

Volunteering

Definition:To choose to act in recognition of a need, with an attitude of social responsibility & without concern for monetary profit.

Going on one’s basic obligation as a volunteer you will give time, effort & talent to a need or cause.

• Do– Place students at non-profits– Base placement on student interests– Do document student’s volunteerism for his/her

portfolio– Sign volunteer agreement

• Don’t– Volunteer at for profit business– Insist or require student to participate in volunteer

work– Make volunteering a requirement to gain vocational

experience or a prerequisite for other school activities.

Do’s & Don’ts of Volunteering

B1-6 Volunteer Permit for a Minor

Sample Agreement

Resources

California Dept of Education www.cde.ca.gov (links to array of services/definitions)

California Legislative Information/CA Codes

www.leginfo.ca.gov/calaw/calaw

Department of Industrial Relations

www.dir.ca.gov

Codes of Regulations www.calregs.com

U.S. Dept of Labor www.dol.gov

National School to Work www.stw.ed.gob

STW & Employer Liability www.stw.ed.gov/factsht/emplia.htm

California School-to- Career www.stc.cahwnet.gov

Youth Rules www.youthrules.dol.gov/

Questions??