Transcript No Slide Title

Carol Jurgens
Nebraska Department of Education
402-471-0948
[email protected]
www.nde.state.ne.us/TECHPREP/WBL
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Effective and Legal
WBL Experiences
• Effective Experiences
• “Employment” of
Youth Under 18
• Insurance/Liability
• Federal Fair
Labor Standards
Act (FLSA)
– Wage & Hour Law
– Child Labor Law
• Transportation
• Health/Safety
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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
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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
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“Employment” of Youth Under Age 18
Is there an “employment relationship”?
PAID ROLES
UNPAID ROLES
• Student Learner
• Student/Visitor/Observer
• Apprentice
• Volunteer
• Employee
• Unpaid Trainee
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“Employment” of Youth Under Age 18
An “employment relationship” exists
PAID ROLES
Student Learner
Participant enrolled in a cooperative training
program under a recognized state/local educational
authority or private school, e.g., COOP.
Apprentice
Participant employed in a craft recognized by BAT.
Employee
Participant hired by private or public employer to
perform work. No structured relationship between
school and work.
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“Employment” of Youth Under Age 18
There is NOT an “employment relationship”
UNPAID ROLES
Student/Visitor/Observer
Participant visits the work site to observe and learn
about career, work activity or other aspects of an
industry.
Volunteer
Participant serves unpaid for public service or
humanitarian objectives.
Unpaid Trainee
Participant is trained at a business/industry work site
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without compensation.
Insurance/Liability
Insurance Coverage
Worker’s Compensation
 Paid cooperative education and
apprenticeship participants covered.
 Unpaid trainees and volunteers ordinarily
NOT covered.
 Worker benefits limited by statute.
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Insurance/Liability
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.
Coverage for Lawsuits
 Company’s general liability policy covers company
and employees.
 Endorsement may extend coverage to visitors,
volunteers, unpaid trainees.
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Insurance/Liability
Waivers
Liability Shields
Not effective tools – courts seldom allow them to
excuse negligence or duty owed a minor.
Consent Forms
Generally upheld by courts – however – they do not
excuse a company/school from responsibility for its own
negligence.
Permission Slips
Well-informed parent/guardian is less likely to bring
suit.
Indemnification Agreements
 Used to shift financial burden for injuries/damage
from one party to another, e.g., insurance policy.
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Transportation
Transporter
SCHOOL
EMPLOYER
PARENT
TEACHER
STUDENT
Liability Coverage
School’s insurance
Employer’s insurance
Parent’s insurance
Teacher’s insurance
Student’s insurance
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Transportation
Conditions for WBL Student Driver
 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
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Health/Safety
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.
Safety Instruction





Fire procedures
Proper equipment operation – supervised
Safety rules
Reporting unsafe working conditions
Keeping work area clean and orderly
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FLSA
Federal Fair Labor Standards Act
Who Is Covered?
Employees who work for any one type of
enterprise that is either:
 engaged in interstate commerce.
 producing goods for interstate commerce.
 handling, selling, or otherwise working on
goods or materials that have been moved or
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produced for interstate commerce.
FLSA
Federal Fair Labor Standards Act
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
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FLSA
Federal Fair Labor Standards Act
Employment Defined
 to suffer or permit to work (paid)
 under a contract of hire
- written or oral
- expressed or implied
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FLSA
Federal Fair Labor Standards Act
Employment
Relationship
+
FLSA Covered
Student and/or Enterprise
Conformance to
Federal
WAGE & HOUR LAW
Conformance to
Federal
CHILD LABOR LAWS
OR
State/local laws
if more protective
OR
State/local laws
if more protective
=
NO FLSA WAIVERS
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FLSA
Wage and Hour Law
UNPAID LEARNING EXPERIENCES
Student Learners
Volunteers
Volunteers Under An IEP
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FLSA - Wage and Hour Law
UNPAID LEARNING EXPERIENCES
Student Learners
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
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(may be paid stipend for expenses, e.g., books/tools).
FLSA - Wage and Hour Law
UNPAID LEARNING EXPERIENCES
Volunteers
• 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
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FLSA - Wage and Hour Law
UNPAID LEARNING EXPERIENCES
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
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FLSA - Wage and Hour Law
UNPAID LEARNING EXPERIENCES
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.
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FLSA - Wage and Hour Law
PAID WORK EXPERIENCES
Minimum Wage
$5.15 per hour on 9/1/97
Overtime = 1.5 x regular pay > 40 hr/week
Youth Subminimum Wage
Under 20 years old
$4.25 per hour
lst 90 consecutive calendar days of employment
Tip Credit
 At least $2.13 per hour
 At least the minimum wage/hour with employee’s
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tips
FLSA - Wage and Hour Law
PAID WORK EXPERIENCES
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.
2. Students with Severe Disabilities . . .
can be paid wages commensurate to their
individual productivity under the Special
Education School Work Experience Certificate.
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FLSA - Wage and Hour Law
PAID WORK EXPERIENCES
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.
4. Apprentices . . .
in an apprenticeship registered with the DOL
may be paid 50% of the journeyman’s rate as
authorized by the apprenticeship agreement.
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FLSA - Child Labor Laws
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 . . .
Non-Agricultural Employment
• Affect the employment of nearly all working minors
with a few exemptions.
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FLSA - Child Labor Laws
Non-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
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the household of the employer.
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.
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FLSA - Child Labor Laws - Non-Agricultural Employment
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
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FLSA - Child Labor Laws - Non-Agricultural Employment
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
– 23 hours - school week
- 8 hours - nonschool day
- 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
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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.
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FLSA - Child Labor Laws - Non-Agricultural Employment
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.
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FLSA - Child Labor Laws - Non-Agricultural Employment
Hazardous Occupational Orders (HOO)
Possible exemptions for # 5, 8, 10, 12, 14, 16, 17
HO 1
HO 2
HO 3
HO 4
HO 5
HO 6
HO 7
HO 8
Manufacturing and storing explosives.
Motor vehicle driving and outside helper
Coal mining
Logging and saw milling
Power-driven woodworking machines
Exposure to radioactive substances
Power-driven hoisting apparatus
Power-driven metal-forming, punching/shearing
machines
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FLSA - Child Labor Laws - Non-Agricultural Employment
Hazardous Occupational Orders (HOO) (cont)
HO 9
HO10
HO11
HO12
HO13
HO14
Mining, other than coal
Slaughtering, meat packing, processing, rendering
Power-driven bakery machines
Power-driven paper products machines
Manufacturing brick, tile, and kindred products
Power-driven circular saws, band saws, guillotine
shears
HO15 Wrecking, demolition and ship-breaking operations
HO16 Roofing operations
HO17 Excavation operations
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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.
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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.
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FLSA - Child Labor Laws - Non-Agricultural Employment
HOO Exemption Qualifications
16-17 YEARS OLD
 STUDENT LEARNER or APPRENTICE
– 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.
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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.
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FLSA - Child Labor Laws
Non-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.
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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 .
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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.
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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.
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U.S. DOL
Contact Information
• DOL Worldwide Web address:
http://www.dol.gov
• Child Labor:
http://www.dol.gov/niosh/adoldoc.html
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The End
Hooray!!
Door Prize Drawing
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