1. Work Based Training WIA Adults & Dislocated Workers January 2011 1

2. 2 INTRODUCTION The Workforce Investment Act (WIA) authorizes work-based training activities. The most commonly used are:  Customized Training  On-the-Job Training (OJT)

3. 3 CUSTOMIZED TRAINING Customized training is training  that is designed to meet the special requirements of an employer (or group of employers)  that is conducted with a commitment by the employer to employ or retain an individual upon successful completion of the training AND  for which the employer is required to pay a certain percentage of the cost of training

4. 4 ON-THE-JOB TRAINING (OJT) OJT is training by an employer that is provided to a paid participant while he/she is engaged in productive work in a job.

5. 5 ON-THE-JOB TRAINING (OJT)  provides knowledge or skills essential to the full and adequate performance of the job  is limited in duration as appropriate to the occupation, taking into account prior experience of participants, content of training, etc.

6. 6 ON-THE-JOB TRAINING (OJT)  reimburses the employer a certain percentage of the wages (exclusive of benefits) paid to participants for the extraordinary costs of providing training and the additional supervision related to the training

7. 7 ON-THE-JOB TRAINING (OJT)  Participants to be compensated at same rate, including periodic increases as other employees that are similarly situated  Employer to provide appropriate supervision and training  Employer to comply with safety standards and workers’ compensation requirements

8. 8 EMPLOYED WORKERS An employed worker may be enrolled in work- based training when  The employee is not earning a self-sufficient wage (per local board definition) AND  The training relates to the introduction of new technologies, new production or service procedures, upgrading to new jobs that require new skills, workplace literacy, or other appropriate purpose identified by the local board

9. 9 SELF-SUFFICIENCY Self-sufficiency is defined as employment that pays at least the lower living standard income level, as defined in WIA, Section 101(24). Local boards must set the criteria for determining whether employment leads to self-sufficiency. Note: The self-sufficiency definition should be listed in the local Workforce Services Plan [20 CFR 663.230]. The RWB’s should consider the special needs of individuals with disabilities or other barriers to employment when setting criteria to determine self-sufficiency.

10. 10 WORK-BASED AGREEMENTS Agreement between Board and Employer  Must be executed prior to enrollment of participants in training  Must detail skills to be taught  Must detail length of training  Must set out invoicing and reimbursement requirements, procedures, and amounts  Must detail expected outcomes  Must detail employment, promotion, or retention expectations after completion of training  Must detail record retention & monitoring

11. 11 EMPLOYER QUALIFICATION Qualifying an employer and/or activity for Work-Based Training  Non-sectarian activities [20 CFR 667.266]  Non-political activities (e.g., campaigning)  Non-discriminatory/equal opportunities practices [20 CFR 667.275]

12. EMPLOYER QUALIFICATION 12 Work-based training  Must not displace currently employed employees (cause layoffs or reduction of non-overtime hours, wages and benefits)  Must not replace an individual who has been laid off from the same or a substantially equivalent job  Must not must not infringe on the promotional opportunities of current employees [20 CFR 667.270(a), (c)]

13. 13 EMPLOYER QUALIFICATION WIA training  May not be used to induce a business to relocate from another location in the United States if the relocation results in current employees losing their job  Training may only be offered after the company has operated in its new location for 120 days if the relocation resulted in lost jobs at the original location [20 CFR 667.268]

14. 14 EMPLOYER QUALIFICATION Work-based employer  Obtains union concurrence, if applicable [20 CFR 667.270(b)]  Has honored previous work-based agreements by hiring, retaining, or promoting participants per previous agreements NOTE: Boards must use a standardized pre-award review procedure to ensure that a work-based training employer meets qualifications.

15. 15 PROGRAM MONITORING RWBs must include monitoring of OJT Worksites and Customized Training Agreements in its monitoring schedule. Monitoring activities should review: Validity and propriety of amounts claimed for reimbursement (verified by payroll and time/attendance records) Training is provided as per agreement Compliance with terms of agreement [20 CFR 667.410(a)]

16. 16 QUIZ 1. An employer may provide work-based training to an employee and subsequently enter into an agreement with a local board that would reimburse the employer for that training. a. True b. False

17. 17 QUIZ 2. On-the-job training and customized training may only be provided to individuals who were already employed by an employer or who were hired prior to the start of the training. a. True b. False

18. 18 QUIZ 3. A local community based organization (CBO) proposes to provide on-the-job training to homeless individuals where the clients will receive a stipend funded by WIA and a certificate of completion. This activity would not meet the OJT requirements for which reasons? Select all that apply. a. The CBO is not the client’s employer. b. A board reimburses wages to an OJT employer, not stipends. c. CBOs are not eligible to provide OJT.

19. 19 QUIZ 4. According to the WIA statute, an employer is required to contribute at least how much of the cost of the training of participants in customized training? a. 10% b. 25% c. 50% d. 75% e. 90%

20. 20 QUIZ 5. Self-sufficiency is defined by (select all that apply): a. WIA statute/regulations b. State c. Local Boards

21. Additional Information Policy and Technical Assistance 21 If you have any questions or for additional information, please contact DEO’s WIA policy and technical assistance staff at: WP_WIAProgramInfo@deo.myflorida.com. WP_WIAProgramInfo@deo.myflorida.com An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.