1 Carol Jurgens Nebraska Department of Education 402-471-0948 [email protected] .

1

Carol Jurgens

Nebraska Department of Education

402-471-0948

[email protected]

www.nde.state.ne.us/TECHPREP/WBL

mailto:[email protected]

2

Effective and Legal WBL Experiences

• Effective Experiences

• “Employment” of Youth Under 18

• Insurance/Liability

• Transportation

• Health/Safety

• Federal Fair Labor Standards Act (FLSA)

– Wage & Hour Law

– Child Labor Law

3

Effective WBL Experiences . . . Help verify career direction

Strengthen workplace competencies

Bring relevance to academic learning

Develop awareness of new and emerging high-tech, high wage jobs

Clarify postsecondary education plans

4

Purpose of Brochures

• Quick reference and resource

• Simplified interpretation for use by– Educators, Employers, Policymakers,

Parents

• NOT a legal interpretation

• NOT a substitute for legal advice

• Obtain resources for detailed info

5

“Employment” of Youth Under Age 18Is there an “employment relationship”?

PAID ROLES

• Student Learner

• Apprentice

• Employee

UNPAID ROLES

• Student/Visitor/Observer

• Volunteer

• Unpaid Trainee

6

“Employment” of Youth Under Age 18An “employment relationship” exists

PAID ROLESStudent Learner

Participant enrolled in a cooperative training program under a recognized state/local educational authority or private school, e.g., COOP.

ApprenticeParticipant employed in a craft recognized by BAT.

EmployeeParticipant hired by private or public employer to perform work. No structured relationship between school and work.

7

“Employment” of Youth Under Age 18There is NOT an “employment relationship”

Student/Visitor/ObserverParticipant visits the work site to observe and learn about career, work activity or other aspects of an industry.

VolunteerParticipant serves unpaid for public service or humanitarian objectives.

Unpaid TraineeParticipant is trained at a business/industry work site without compensation.

UNPAID ROLES

8

Insurance/Liability

Worker’s CompensationPaid cooperative education and

apprenticeship participants covered.Unpaid trainees and volunteers ordinarily

NOT covered.Worker benefits limited by statute.

Insurance Coverage

9

Insurance/Liability

Coverage for Lawsuits Company’s general liability policy covers company

and employees. Endorsement may extend coverage to visitors,

volunteers, unpaid trainees.

Insurance Coverage (cont.)

Injury to Participants Employees covered by Worker’s Compensation.

Students/visitors, volunteers, or unpaid trainees expenses covered by the individual, parents, or company’s health insurance or general liability policy.

10

Insurance/Liability

Indemnification Agreements Used to shift financial burden for injuries/damage

from one party to another, e.g., insurance policy.

Liability ShieldsWaiversNot effective tools – courts seldom allow them to excuse negligence or duty owed a minor.

Consent FormsGenerally upheld by courts – however – they do not excuse a company/school from responsibility for its own negligence. Permission SlipsWell-informed parent/guardian is less likely to bring suit.

11

Transportation

Transporter

SCHOOLEMPLOYERPARENTTEACHERSTUDENT

Liability Coverage

School’s insurance

Employer’s insurance

Parent’s insurance

Teacher’s insurance

Student’s insurance

12

TransportationTransportation

Verify driver’s license & insurance coverage

Limit transportation to student driver (no passengers)

Limit transportation for the sole purpose of getting to and from work site

Have parents sign transportation agreement

Conditions for WBL Student Driver

13

Health/Safety

Safety Instruction Fire procedures Proper equipment operation – supervised Safety rules Reporting unsafe working conditions Keeping work area clean and orderly

Medical Health and safety measures, e.g., immunizations.

Determine who pays.

In unpaid WBL experiences, the school must provide the required health and safety measures. Check with your risk management personnel lst.

14

FLSAFederal Fair Labor Standards Act

engaged in interstate commerce.

producing goods for interstate commerce.

handling, selling, or otherwise working on goods or materials that have been moved or produced for interstate commerce.

Who Is Covered?

Employees who work for any one type of enterprise that is either:

15


Who Does It Apply To?

• all 50 states

• 90% of all non-agricultural businesses

• all businesses with annual gross sales of > $500,000

• all hospitals, schools and public agencies

16


under a contract of hire

- written or oral

- expressed or implied

Employment Defined

to suffer or permit to work (paid)

17


Employment Relationship

FLSA CoveredStudent and/or Enterprise

Conformance to Federal

CHILD LABOR LAWS

ORState/local laws

if more protective

Conformance toFederal

WAGE & HOUR LAW

ORState/local laws

if more protective

+ =

NO FLSA WAIVERS

18

FLSAWage and Hour Law

UNPAID LEARNING EXPERIENCES

Student Learners

Volunteers

Volunteers Under An IEP

19

FLSA - Wage and Hour Law UNPAID LEARNING EXPERIENCES

Not employment if ALL the following are met:

Training is progressive - similar to vocational school. Experience is for the benefit of the student learner. Student does not displace a regular worker. No direct benefits to employer - student productivity is

offset by employer’s burden to provide on going work site instruction and supervision.

Student is not entitled to a job at the end of the learning experience.

Employer/student/parent understand student is not entitled to wages or other compensation for their time (may be paid stipend for expenses, e.g., books/tools).

Student Learners

20


• Not employees• Not paid• Generally cannot volunteer to do same job

he/she is paid to do• School cannot legally require students to

volunteer or perform unpaid service as a way:- to gain vocational experience- satisfy graduation requirements, or- any other purpose

Volunteers

21


Volunteers Under an IEP

As a general rule, for students with disabilities, unpaid experiences in each component will not exceed during any one school year:

Vocational Exploration - 5 hours per job experience

Vocational Assessment - 90 hours per job experience

Vocational Training - 120 hours per job experience

22


Volunteers Under an IEP (cont)

Unpaid community-based learning opportunities for students with disabilities must meet ALL the following criteria:

Student is placed according to his/her IEP. Time per week at the work site meets IEP requirement. Supervised provided by school and/or business. Student does not displace any regular employee. Business derives no immediate benefit/advantage from

the work of the student. Student is not entitled to a job at the end of the

training period.

23

FLSA - Wage and Hour Law PAID WORK EXPERIENCES

Tip Credit At least $2.13 per hour At least the minimum wage/hour with employee’s

tips

Minimum Wage

$5.15 per hour on 9/1/97

Overtime = 1.5 x regular pay > 40 hr/weekYouth Subminimum Wage

Under 20 years old

$4.25 per hour

lst 90 consecutive calendar days of employment

24


2. Students with Severe Disabilities . . .

can be paid wages commensurate to their individual productivity under the Special Education School Work Experience Certificate.

Subminimum Wage

1. Full-time Students . . .

employed by certified retail or service firms, agriculture or institutions of higher education may be paid 85% of applicable minimum wage.

25


4.Apprentices . . .

in an apprenticeship registered with the DOL may be paid 50% of the journeyman’s rate as authorized by the apprenticeship agreement.

Subminimum Wage (cont)

3. Part-time Student Learners . . .

in a bona fide vocational training program may be paid 75% of the applicable minimum wage under certain conditions.

26

FLSA - Child Labor Laws

Non-Agricultural Employment• Affect the employment of nearly all working minors

with a few exemptions.

Two Categories

Agricultural Employment

• Less restrictive than non-agricultural employment.

• Agriculture, as defined by the FLSA . . . . includes farming in all its branches . . . performed by a farmer or on a farm as an incident to or in conjunction with such farming occupations . . .

27

FLSA - Child Labor LawsNon-Agricultural Employment

Exempt Occupations/Situations Children < 16 years of age employed by their

parents in other than the DOL 17 hazardous occupations.

Children employed as actors or performers in motion pictures, theatrical, radio, or TV productions.

Children engaged in the delivery of newspapers to the consumer.

Homeworkers making evergreen wreaths (including harvesting of evergreens).

Domestic service employees working in or about the household of the employer.

28

FLSA - Child Labor Laws - Non-Agricultural Employment

Age Limitations

UNDER 14 YEARS OF AGE . . .

• May work only if their jobs are exempt from child labor standards or are not covered by the FLSA.

29


Age Limitations 14 and 15 YEAR OLDS . . . • May perform . . .

– office work– various food service jobs– sale & some other jobs in retail stores– errand/delivery work by foot/bicycle/public trans.– gas station work - dispensing gas/oil - courtesy work

• Work cannot exceed– 3 hours - school day - 8 hours - nonschool day– 18 hours - school week - 40 hours - nonschool week

• Cannot work before 7 a.m. or after 7 p.m. – June 1 through Labor day - until 9 p.m.

• Cannot work during school hours

30


Age Limitations

14 and 15 YEAR OLDS - WECEP Exception(Work Experience and Career Exploration Program)

• Must be enrolled in an approved program• Work cannot exceed

– 3 hours - school day - 8 hours - nonschool day– 23 hours - school week - 40 hours - nonschool week

• Cannot work before 7 a.m. or after 7 p.m. – (June 1 through Labor day - until 9 p.m.

• Can work during school hours• Can work in certain occupations otherwise prohibited

31

DEFINITIONS

• A school day is any day school is in session. • For example, a Friday night is a school day if school is in session

during that day.

• A nonschool day is any day school is not in session. • For example, a Monday, during a holiday break, if there is no

school during that day.

• A school week is any week school is in session, even if in session for only one school day.

32


Age Limitations

16 and 17 YEAR OLDS . . .

• Can work at any time

• For unlimited hours

• May be exempted from some of the hazardous occupations prohibited for youth under age 18.

33


HO 1 Manufacturing and storing explosives.

HO 2 Motor vehicle driving and outside helper

HO 3 Coal mining

HO 4 Logging and saw milling

HO 5 Power-driven woodworking machines

HO 6 Exposure to radioactive substances

HO 7 Power-driven hoisting apparatus

HO 8 Power-driven metal-forming, punching/shearing machines

Hazardous Occupational Orders (HOO)Possible exemptions for # 5, 8, 10, 12, 14, 16, 17

34


Hazardous Occupational Orders (HOO) (cont)

HO 9 Mining, other than coalHO10 Slaughtering, meat packing, processing,

renderingHO11 Power-driven bakery machinesHO12 Power-driven paper products machinesHO13 Manufacturing brick, tile, and kindred productsHO14 Power-driven circular saws, band saws,

guillotine shearsHO15 Wrecking, demolition and ship-breaking

operationsHO16 Roofing operationsHO17 Excavation operations

35

H.O.O.’s with Exemptions for Minors in Training

HO 5 Work using power-driven woodworking machines, including the use of saws on construction sites.

HO 8 Work using power-driven metal forming, punching, and shearing machines.

Even without the exemption - HO 8 permits the use of a large group of machine tools used on metal, including lathes, turning machines, milling machines, grinding, boring machines and planing machines.

HO 10 Work involving slaughtering or meatpacking, processing, or rendering including the operation of power-driven meat slicers in retail stores.

36

H.O.O.’s with Exemptions for Minors in Training

HO 12 Work using power-driven paper-products machines, including the operation and loading of paper balers in grocery stores.

HO 14 Work involving the use of circular saws, band saws and guillotine shears.

HO 16 All work in roofing operations.

HO 17 All work in excavating operations, including work in a trench as a plumber.

37


– Enrolled in a state recognized course, e.g., COOP program or BAT approved apprenticeship.

– Hazardous portion of work is incidental to training.– Hazardous portion of work in intermittent and for

short periods of time.– Under direct and close supervision of qualified

person.– Safety instruction given by school and/or

employer.– Employed under a written Training Agreement.– Training Plan is developed.

HOO Exemption Qualifications16-17 YEARS OLD STUDENT LEARNER or APPRENTICE

38

DEFINITIONS

• Hazardous portion of work is incidental to the training. • EXAMPLE - a Student Learner may operate a power driven

woodworking machine such as a circular saw in order to learn how to use it properly.

• Hazardous portion of work is intermittent and for short period of time.

• EXAMPLE - a Student Learner may operate a circular saw for 20-30 minutes at a time several times during the work day – but may not operate the saw continuously throughout the day.

39

FLSA - Child Labor LawsNon-Agricultural Employment

Common Violations

1. HOURS worked by 14-15 year olds. More than 1/2 of total citations.

2. Illegal OCCUPATIONS by 14-15 year olds. Most common: cooking - construction sites - warehouses.

3. Violations of HO2 - restrictions on driving for those under age 18.

4. Violation of HO5 & 14 (power-driven saws), HO7 (forklifts, bobcats), HO10 (meat processing), HO11 (power driven dough mixers, HO12 (paper balers) and HO16 (roofing).

5. Employment of minors under age 14.

40

You Be the Judge

1. You hire the 15-year-old child of one of your employees to mow grass at your business.

2. You hire a 16-year-old to clean your office and work there five 12-hour days a week.

3. A 17-year-old works for you in the kitchen. He operates a meat slicing machine to cut cheese .

41

You Be the Judge

4. A 14-year-old works as your receptionist three hours a day after school.

5. You hire a 17-year-old to pick up prescriptions on a regular basis, using her own car. (HO#2)

6. A 15-year-old does data input at your credit union from 5 p.m. to 8 p.m. on Mondays.

42

You Be the Judge

Correct Answers1. Not legal - 15-year-olds cannot operate

power equipment as part of their employment.

2. Legal - 16-year-olds in Nebraska can work any time for unlimited hours.

3. Not legal - unless the 16-17 year old is a“student learner” enrolled in an approved program and all criteria are met.

4. Legal – as long as it’s not more than 3 hours and not during the school day.

5. Not legal – must be 18 to be a delivery person on a “regular” basis.

6. Not legal - during the school year.Legal – when school is not in session (summer)

43

YouthRules! Initiative

• Compliance assistance materials on the YouthRules! Initiative are available on the YouthRules! Web page at www.youthrules.dol.gov .

• To order YouthRules! Bookmarks. . .– from the home page click on [Posters and Stickers] under

[Compliance Assistance]. – Scroll all the way down to the bottom of the page and click on

the language version that you want. – English and Spanish versions are available.

http://www.youthrules.dol.gov/

44

U.S. DOL Contact Information

• DOL Worldwide Web address: http://www.dol.gov

• Child Labor: http://www.dol.gov/niosh/adoldoc.html

http://www.dol.gov/

http://www.dol.gov/niosh/adoldoc.html

47

The EndHooray!!

Door Prize Drawing

1 Carol Jurgens Nebraska Department of Education 402-471-0948 [email protected] .

Documents

Transcript of 1 Carol Jurgens Nebraska Department of Education 402-471-0948 [email protected] .