Legal Requirements and Labor Laws for

WBL Programs

Title VII Civil Rights Act 1964

Prohibits Discrimination by Employers and Educational Institutions Applies to employers with 15 or more employees

Employees protected from retaliation from filing complaints or lawsuits

May Not Discriminated based on:

Race Color Religion Gender National Origin

Marital Status Veteran Status Age Disability Ethnicity

Discrimination is prohibited in: Admission Recruitment Treatment of students Academic

requirements Financial &

Employment practices

Non academic services

Health Welfare Social Services

WBL Responsibilities

Provide non-discrimination statement on all documents and publications

Americans with Disabilities Act 1990 Prohibits discrimination on the basis of

disability in: Public services Employment Public transportation and accommodations Telecommunications

Public and Private sector organizations 15 or more employees

Basic Areas that Affect WBL General

Facilities, accommodations, practices Auxiliary Aids

Vision, Hearing and Other Aids Physical Barriers

Accessibility Employment

Discrimination and reasonable accommodations No undue hardship on business

Refer to Pages 15-3-15-4

Individuals with Disabilities Education Act (IDEA)

Students cannot be discriminated against on the basis of disability

Align activities with Individual Education Plan (IEP)

Opportunity for WBL

Helpful Websites

www.eeoc.gov/types/ada.html

www.eeoc.gov/policy/bii.html

Confidentiality/Privacy Federal Family Rights and Privacy Act Records Release Statement

Permission must be granted by student (18 or over) or Legal Guardian (under age 18)

Sample Statement: I authorize the Hall County School System to release my

student’s academic and attendance records to a potential employer, and I agree that the Hall County School System and its agents will be absolved of any responsibility in connection with such release. This authorization can be canceled at any time by written notice to the Apprenticeship Coordinator.

Confidentiality/Privacy Protected Information:

Classes taken Skills Grades Social Security # Family Information

Licensure and Certification Licensure

State licensure laws are in place to serve the public interest

Each business and the related student employee must follow the state regulations required in that specific field

Licensure and Certification Certification

Standards pertaining to education, experience, and personnel qualifications are determined by the professional society in each field

Students wishing to become certified under these standards must apply to the certifying board of the specific association and comply with the certificate standards.

Sexual Harassment Verbal and/or physical action Male or female Affects the person’s self-esteem Affects productivity Two Types

Quid Pro Quo Hostile Environment

Sexual Harassment May include:

Discussing sexual activities Unnecessary touching Commenting on physical attributes Unseemly gestures Crude and offensive language Displaying sexual suggestive pictures Ostracism of workers of one gender or another Giving job favors to employees who participate in

consensual sexual activity

Racial Harassment Physical or verbal conduct relating to an

individual’s race when the conduct: Has the purpose or effect of creating an

intimidating, hostile, or offensive work or academic environment

Has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance

Otherwise adversely affects an individual’s employment or academic opportunities

Safety and HealthOccupational Safety and Health Administration (OSHA)

This act requires employers to maintain employment conditions free of recognizable hazards causing, or likely to cause, death or physical harm.

Training in safety and health protection is particularly important for students in Work-Based Learning (WBL) placements who are

assuming new duties and responsibilities. Employers have a responsibility to properly supervise employees in

the conduct of activities that pose a foreseeable risk of injury. OSHA regulations for the workplace are relevant for the WBL student. WBL Coordinators should be sure safety training is included in the

training plan, especially for placements in which the use of tools and working conditions require safety knowledge.

Social Security Upon placement at a WBL learning site, each

student will be required to complete a W-4 listing his/her Social Security number and the number of dependents claimed for tax information. (*good idea is to obtain a copy of the students social security card & drivers license)

Transportation If the student drives a personal/family car the individual

personal/family insurance covers accident risks. Any student that drives a vehicle as part of their work

description will be covered under the employer. Because a WBL placement is an extension of the classroom,

the student who drives to work is actually moving from one school location to another, and thus accepts responsibility for his or her own safety in the process.

WBL Coordinators are encouraged to consider including a waiver or permission form in the application packet to ensure that both the student and parents understand this.

Attendance Attendance policies can vary greatly among systems. WBL

coordinators must work with their CTAE Administrator and others to develop program attendance policies that are coherent and aligned with those of the local system.

It is recommended that WBL students should not be allowed to count any hours for work done at a WBL placement on a day when the student was absent from work.

A student who has a history of high absenteeism might not be a good candidate for WBL.

*A good idea is for the WBL Coordinator to check a students attendance history prior to acceptance in the program.

Equal Opportunity Statement

“The Whitfield County School System is committed to equal opportunity and nondiscrimination in all programs and services, and does not discriminate on the basis of race/ethnicity, color, religion, sex, including marital status, national origin, ancestry, age, sexual orientation, disability, or veteran status.”

Purpose of Child Labor Laws To protect minors from injury in the

workplace and to prevent work from interfering with education

Fair Labor Standards Act (FLSA) Was enacted in 1938 to regulate labor

practices FLSA regulates

Minimum wage Overtime Child labor Equal pay

Wages FLSA requires payment of the federal minimum

wage. If there is a state minimum wage established, the higher of the two should be paid

Overtime payment is required for work over 40 hours

Wages are subject to taxes Wages must be equal for men and women in

the same job

Exceptions to Minimum Wage If receiving tips, wages pay may be less Employment programs

Student learners and trainees may be paid less Youth minimum wage program will allow employers to pay

under a person under 20 years of age $4.25 per hour for the first 90 days. The employer must receive min. wage after 90 days

Part-time WBL students may be paid at 75% of min. wage. FT WBL students may be paid 85% (employer is required to file a certificate)

Refer to www.dol.gov/esa/regs/compliance/whd/whdfs32.htm

Work Permit Must be on file for anyone under the age of

18 Obtained through school administrative

office Required for paid and non-paid positions More info: Section 19 of WBL Manual

http://www.dol.state.ga.us/em/online_work_permit.htm

Age Requirements Federal law establishes:

a minor must be at least 14 years of age to be employed (with restrictions)

16 minimum age for employment that is not declared hazardous

18 years old defined as adult worker employers required to maintain file including date of birth

under age 19 Additional info:

http://www.dol.gov/elaws/esa/flsa/docs/wecep.asp

Working Hours No working hour restrictions for ages 16 and up

in Georgia Work Hours for 14 and 15 year-olds employed in

non-farm jobs: Outside school hours No more than 3 hours on a school day No more than 18 hours in a school week No more than 8 hours on a non-school day No more that 40 hours in non-school weeks Summer hours – 7AM to 7PM (see manual 15-12 for

additional information)

Safety and Procedures Training Agreement for the Workplace Every workplace has the potential for inherent risk. Every workplace must have policy and procedures in place

concerning safety. WBL Coordinators should ensure safety training programs

are in place for ALL worksites. Documentation should be on file showing that the worker has

completed safety training.

Employment Eligibility Verification for Citizens and Noncitizens It is illegal to discriminate against work eligible

individuals. WBL Coordinator should ensure that all students

have required documentation to prove employment eligibility.

Employer is responsible for I-9 paperwork Social Security Card Drivers License or School ID Card Birth Certificate (original or certified copies)

Form I-9 is required for all employees.

Workers Compensation Insurance If student is considered “employed” then Workers’

Compensation is required. Workers’ Compensation is paid for by the employer for both

paid and unpaid workers. Students engaged in “job shadowing” (observer role) are not

covered by workers’ compensation. Insurance Companies can not deny employers workers

compensation because employees aged 16-18 are employed.

Unemployment Insurance Students in WBL may or may not be

eligible for unemployment benefits. They are not disqualified due to WBL

status. Students who are terminated are advised to

visit the DOL to determine eligibility.

Door to Door Sales and Solicitation by Minors

Not prohibited Strongly discouraged for WBL students.

Safety Reasons Security Reasons

The WBL Coordinator should seek out another placement site if Door to Door Sales/solicitation is required by the student.

Placement involving Family or Relatives As a general rule placement with a family member is not appropriate. Home Office/Private residence does not meet placement criteria. To be placed at a family owned worksite the business must be

recognized as a legitimate business. Business License ID Number

Virtually impossible for the coordinator to properly supervise the student.

If placed in a family owned business the student should be supervised by a non-relative.

WBL should use the highest level of professional judgment when approving a family placement.

Guidelines…. 1. Parent or legal guardian, student, and work-based

learning coordinator should agree that the site is the most appropriate site available for the student placement.

2. Care should be taken to ensure that the placement is free from gender or sexual discrimination or exploitation. This includes the workplace environment, uniform or required dress, and advertising and promotion themes.

Guidelines…. 3. An assessment should be made by the WBL Coordinator to

ensure that safe and adequate parking to WBL site.

4. Door-to-door sales or solicitation by minors should be avoided.

5. Commuting distance for the student should be minimal and reasonable.

6. Businesses with a history of crime-related incidents, especially those involving violence, should be avoided.

Guidelines…. 7. Placements in high-risk occupations should

be carefully monitored, with more frequent visitations and training sessions.

8. Adequate training and support should be available to educate the student on particular risks inherent to the placement site

Guidelines…. 9. Adequate supervision for the student must be ensured at all times.

10. Workers and supervisors at the worksite must be aware of equipment and tasks that are prohibited for student workers.

11. Placement in private homes or the provision of home-bound services at private homes should be carefully evaluated and monitored or should be avoided and an alternate placement secured.

12. Placement in settings that serve alcohol should be carefully monitored to ensure that the placement does not put the student in harassing, unsafe, or illegal situations.

Students’ Rights and Grievance Procedures

1. Students have the right to refuse unsafe work tasks and conditions.

2. Students have the right to file complaints with DOL when they feel their rights have been violated or their safety has been jeopardized.

3. Students are entitled to workers’ compensation for a work-related injury or illness.