employment refresher march 4, 2011 east hartford cultural center

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EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

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Page 1: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

EMPLOYMENT REFRESHER

March 4, 2011

East Hartford Cultural Center

Page 2: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center
Page 3: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

AGENDA

Department of Labor Refresher – Maggie MacDonald

DDS Employment Initiatives – Robin Wood

Ticket to Work – Nora Bishop SEI Rate Study Update – Joseph Drexler Questions

Page 4: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center
Page 5: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

THE PAYMENT OF SPECIAL MINIMUM WAGES TO WORKERS WITH DISABILITIES UNDER SECTION 14(C) OF THE FAIR LABOR STANDARDS ACTWage and Hour DivisionEmployment Standards AdministrationU.S. Department of Labor DDS Refresher Training

Page 6: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

FLSA Major Provisions

Coverage Minimum Wage Overtime Pay Child Labor Recordkeeping

Page 7: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

FLSA Coverage

Individual

Enterprise

Page 8: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

FLSA Coverage

Two types of coverage Enterprise coverage: if an

enterprise is covered, all employees of the enterprise are entitled to FLSA protections

Individual coverage: Even if the enterprise is not covered, individual employees may be covered and entitled to FLSA protections

Page 9: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

FLSA Enterprise Coverage

Enterprises with: At least two (2) employees At least $500,000 a year in

business• Named enterprises with at least

two (2) employees such as hospitals, businesses providing medical or nursing care for residents, schools, preschools and government agencies

Page 10: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

FLSA Individual Coverage Workers who are engaged in:

Interstate commerce; Production of goods for interstate

commerce; Closely related process or

occupation directly essential (CRADE) to such production

Page 11: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

The FLSA Does Not Require

Vacation, holiday, severance or sick pay Meal or rest periods, holidays off, or

vacations Premium pay for weekend or holiday work A discharge notice, reason for discharge, or

immediate payment of final wages to terminated employees

Any limit on the number of hours in a day or days in a week an employee at least 16 years old may be required or scheduled to work

Pay raises or fringe benefits

Page 12: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Minimum Wage: Basics

Covered, non-exempt employees must be paid not less than the minimum wage for all hours worked.

Currently $7.25* per hour Cash or equivalent – free and clear*$7.25 was effective on July 24, 2009

Page 13: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Overtime Pay

Covered, non-exempt employees must receive one and one-half times their regular rate of pay for all hours worked over forty in a workweek.

Each workweek stands alone Workweek is 7 consecutive 24 hour

periods (168 hours)

Page 14: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Section 14(c) of FLSA

Authorizes the employment of workers with disabilities at special minimum wages when the disabilities impair their productivity for the work performed

A special minimum wage is a wage below the federal minimum wage (currently $7.25). For SCA contracts with a wage determination (WD), it is a wage below the WD rate applicable to the job, as listed on the WD.

Page 15: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Section 14(c) of FLSA

Is one more option available to help individuals with disabilities realize their full potentials.

Allows Community Rehabilitation Programs (CRPs) and State Agencies to use “real work” as a tool in the vocational training of individuals with disabilities.

Page 16: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Regulations 29 CFR Part 525

Set forth the conditions and terms governing the employment of workers with disabilities at special minimum wage(s).

Page 17: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

SPECIAL MINIMUM WAGE

SPECIAL MINIMUM WAGE : wage paid a worker with a disability commensurate with the worker’s

productivity as compared to the wage and productivity of experienced workers who do not have disabilities for the work

performing essentially the same type, quality, and quantity of work

in the vicinity where the worker with a disability is employed.

Page 18: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Worker with a disability

Worker whose earning or productive capacity is impaired by age, physical or mental disability, or injury for the work to be performed.

The Section 14(c) definition of a worker with a disability differs from that of JWOD and ADA

Page 19: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Records to support disability

Medical, psychiatric, and/or psychological tests (Master’s level or above) that support the nature of disability(ies)

AND staff notes on how disability affects productivity

Page 20: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Employment Relationship

Volunteers

Trainee

Page 21: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

VolunteersWorkers with disabilities

A worker with disabilities must be legally competent to freely volunteer.

If over 18 years of age and is not own guardian, parent or guardian, as appropriate, must approve volunteer work.

Work must be substantially different from the work performed during duty hours.

Page 22: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

VolunteersWorkers with disabilities

Work must be of the type that would be normally classified as “volunteer”.

Work must be performed outside normal duty hours.

Page 23: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation ProgramWage and Hour will not assert an employmentrelationship for certain vocational rehabilitationprograms if seven criteria are met. All seven of the criteria must be met. Participants in the program are individuals

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

Page 24: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation Program

Participation is for vocational exploration, assessment, or training in community-based worksite under the general supervision of rehabilitation organization personnel, or in the case of a student, public school personnel.

Page 25: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation Program Community-based placements must be

clearly defined components of individual rehabilitation programs developed and designed for the benefit of each individual.

Each student must have Individualized Education Program (IEP)

Each community-based rehabilitation organization participant must have an Individual Plan for Employment (IPE)

Page 26: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation Program Documentation will be provided to Wage

& Hour upon request that the individual is enrolled in the community-based placement program, that this enrollment is voluntary and that there is no expectation of remuneration.

Page 27: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation Program While the existence of an employment

relationship will not be determined exclusively on the basis of the number of hours spent in each activity, as a general rule, an employment relationship is presumed not to exist when each of the three components does not exceed the following limitations:

Vocational explorations: 5 hours* Vocational assessment: 90 hours*Vocational training: 120 hours** per job experienced

Page 28: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Vocational Rehabilitation Program• Individuals are not entitled to

employment at the conclusion of the program.

If an individual becomes an employee, he or she cannot be considered a trainee at that particular community-based placement unless in a different, clearly distinguishable occupation.

Page 29: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Prevailing wage rate is wage paid to an experienced worker who does not have a disability that impairs his/her ability to do the work, performing essentially the same type of work in the vicinity.

Page 30: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Experienced worker is a worker who has learned the basic elements or requirements of the work to be performed

ordinarily by completion of a probationary or training period

and

typically will have received at least one pay raise after successful completion of the probationary or training period.

Page 31: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Vicinity – the geographic area from which the labor force of the community is drawn.

Employer will normally be required to survey a representative number of comparable firms in the vicinity that primarily employ workers who do not have disabilities for the work being performed.

Page 32: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

A comparable firm is one that is similar in size in terms of employees or competes for or bids on contracts of a similar size or nature.

Page 33: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

If comparable work cannot be found in the vicinity, the closest comparable community may be used.

If data for the specific job to be performed cannot be found, it is acceptable to use the wage paid to experienced workers employed in similar jobs that require the same general skill levels.

Page 34: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage Employer may contact other sources such

as the Bureau of Labor Statistics, private or State employment services where surveys are not practical.

Foreign Labor Certification Data Center: flcdatacenter.com

The prevailing wage rate may never be LESS the applicable State or Federal Minimum Wage and will usually be higher.

An increase in the federal and/or state minimum wage does have an immediate impact on the prevailing wages paid in the vicinity.

Page 35: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage Special situations

When the employer’s workforce consists primarily of workers who do not have disabilities:

The employer may use as the prevailing wage rate the rate paid to his or her experienced workers who do not have disabilities who perform similar work

Page 36: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage Special Situations

When the Section 14(c) employer has a subcontract to perform a job in essentially the same way and with the same type of equipment as the prime contractor:

the Section 14(c) employer may use the wage rate the prime contractor pays to his or her experienced workers.

Page 37: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

“De-skilling” of prevailing wage rates (arbitrary downward adjustments made in prevailing wage rates to account for differences in duties, methods, equipment and responsibilities between the work of the worker with disabilities and the work done by employees who do not have disabilities in competitive industry) is not permitted by the Wage & Hour Division.

Page 38: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Although work center certificates and patient worker certificates are now normally issued for a 2-year period, the employer is still required to do an annual review of prevailing wage rate(s) and make any necessary adjustments of commensurate wages.

Page 39: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Worker’s wages should be adjusted no later than the first complete pay period following each prevailing wage review.

Page 40: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Don’t forget to document in your records that the prevailing survey was

completed.

29 CFR Part 525.10(g) requires that you record:

The name, address and phone number of the firm and the date the contact was made.

Individual contacted and his/her title. Brief description of work involved. Wage rate provided. Basis for concluding that wage data provided

was not for an entry level position.

Page 41: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

When computing prevailing wage, the employer may use either a simple average or weighted average method, provided a consistent methodology is used.

Special Rounding Go out to the 5th decimal round up

to 4th

Page 42: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Weighted Average Company # of Employees Wage Rate Gross

WagesABC, Inc. 40 $8.00

$320.00KLM Co. 17 $8.15 $138.55XYZ Inc. 25 $8.20 $205.00

82 $663.55

Weighted Average: $663.55 ÷ 82 = $8.09207 $8.0921*

* Special Rounding

Page 43: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

Simple (straight) Average

Company Wage RateABC, Inc. $8.00 KLM Co. $8.15 XYZ Inc. $8.20 $24.35 Simple average: $24.35 ÷ 3 =$8.11666

8.11667**Special rounding

Page 44: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

An increase in the federal and/or state minimum wage does have an immediate impact on the prevailing wages paid in the vicinity.

Wage and Hour will mail out written guidance concerning the adjustment of prevailing wages when the federal minimum wage increases

Page 45: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Prevailing Wage

The Fair minimum Wage Act of 2007 increases the minimum wage from $6.55 per hour to:

$7.25 per hour on July 24, 2009

Page 46: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

What happens When the Federal Minimum wage is Increased? Employers will have to review all

prevailing wage rates. Employers will have to determine if any

of their current prevailing wage rates were established when the applicable state wage exceeded $7.25 per hour.

Page 47: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

What happens When the Federal Minimum wage is Increased? Employers will have to adjust certain

prevailing wage rates using one of two methods Percentage Increase (10.69%), or Conduct New Survey

Page 48: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

What happens When the Federal Minimum wage is Increased? Employers will have to review all

prevailing wage rates. Are any below $7.25 per hour?

If Yes, they must be raised to at least $7.25 and a new survey will have to be conducted.

Page 49: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

What happens When the Federal Minimum wage is Increased? Employers will have to review all prevailing

wage rates. Were any current surveys conducted

when the applicable State minimum wage was at least $7.25?

If Yes, and the resulting prevailing wage exceeds $7.25, no new survey need be done until the next anniversary date of that survey or until the state minimum wage increases, whichever comes first.

Page 50: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

What happens When the Federal Minimum wage is Increased? If prevailing wage rates needs to be

adjusted, the employer may: Apply a percentage increase, or Conduct new prevailing wage

surveys.

Page 51: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Setting Production Standards

Write job description Write task analysis Set the standard Work measurement must be verifiable

Page 52: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly production standards

Develop job description and task analysis Define quality Set standard using workers without

disability for the work 3 time measurements recommended Length of time study should be one that

results in rate of production the worker can maintain over the course of a full work day

Page 53: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly Evaluations

Must be based on the worker’s productivity as it compares to the standard of a worker without a disability for the quantity and quality of work performed.

An initial evaluation of a worker’s productivity must be made within 1 month after employment begins.

Page 54: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly Evaluations

Retroactive pay increase for the initial period is required if the commensurate wage exceeds the wage paid during that period.

Review no less than every 6 months thereafter and after a worker changes jobs.

Worker’s wages should be adjusted no later than first complete pay period following the review.

Page 55: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly Evaluations

Behavioral factors or general work habits cannot be considered when setting hourly commensurate wages.

Personal time, fatigue, and unavoidable delay (PFD) allowance is not required in setting hourly standard.

Page 56: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly Evaluations

Re-work method

90/10 evaluation form

Rounding

Page 57: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Name of Worker

Job

Period of Rating From Through

Date of Employment

Name of Rater

HOW TO DETERMINE RATING

Enter for each factor below the numerical rating which reflects the handicapped worker’s performance as compared with the performance that would be expected of an average non-handicapped worker. The level for non-handicapped workers should be considered as 100 percent. Rating Groups 0-20% 21-40% 41-60% 61-80% 81-99% 100% Factors Rated

Weight of Factor

Generally Unacceptable

Far Below Average Standards for Industry

Well Below Average Standards for Industry

Significantly Below Average Standards for Industry

Approaches Average Standards for Industry

Meets Average Standards for Industry

Quantity of Work

90%

Quality of Work

10%

COMPUTATION OF RATED WAGE

(A) .90* x Rating for Quantity of Work = ________ (B) .10* x Rating for Quality of Work = __________ (C) Total of (A) and (B) above = _____________ (D) Prevailing Institution or Industry Wage** for Job Rated

(E) Product of (C) x (D) Above = __________ (Rated Wage)

* These figures are decimalized expressions of the weights 90% and 10 % respectively. ** Prevailing Industry Wage is the hourly wage paid average non-handicapped workers in the institution or in industry in the vicinity for essentially the same type of work.

RATING FORM FOR ESTABLISHING WAGE RATES

(Worker is to be rated at least once every six months)

Page 58: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

9/20/109/20/10 Vacuum hallVacuum hall 10 min10 min 10 min10 min 20 min20 min 10 min10 min 5050

50%50%

$$88..0000

$13..00$13..00

$7.50$7.50

Page 59: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Calculating the Hourly Wage using Rework

Filling out the Rework Hourly Wage Determination Form

1. Employee: name of the employee being evaluated.

2. Date/Time:

3. Name and Title of Evaluator: person who did the actual timing and recording.

4. Location: where the time study took place.

5. Date: date that the tasks were performed and timed. Can record up to five different tasks or five different timings of the same tasks or a combination of both.

6. Tasks Performed: brief description of the work being timed.

7. Elapsed Time (A): total time taken by the employee to complete the entire task.

8. Rework Time (B): should include time needed to finish the task so that it is 100% complete (I.e. quality is 100%.)

Page 60: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Rework continued

9. Total Time (C): add the elapsed time and the rework time to get the total time.

10. Standard Time (D): time that has been established as the production standard to complete the task as described.

11. Productivity (D/C): divide the standard time by the elapsed time to get the productivity rating for task being performed. Shown as a percent.

12. (a): divide the total of the standard times by the total of the elapsed times to get the total productivity rating for quantity.

13. (b): record the current, ,prevailing industry hourly wage or the current SCA Wage Determination Rate (for Federal Service Contracts)

14. Hourly Wage Rate: multiply the final productivity rating (a) by the prevailing industry or SCA wage (b). Always round up on this number.

Page 61: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hourly Evaluations

Factoring-An employer may rate a worker only on the job components actually performed by the worker.-An employer may not penalize a worker because he/she fails to perform, or is incapable of performing, certain component(s) of the job.

Page 62: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

When properly computed, piece rates accurately reflect the quality and quantity of the productivity of the individual worker.

Employers must perform some type of work measurement to establish standard production rates of workers without disabilities.

Page 63: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

Detailed job description and task analysis should be developed for the job, including set-up activities, packaging, counting, boxing, clean-up activities, and other irregular operations.

The time studies should utilize the same work methods, equipment, and materials used by the majority of the workers.

Page 64: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

Additional time study required when entirely different methods of production are used, or when a worker does not have access to certain equipment.

Page 65: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

Jigs: modifications made and used to accommodate the special needs of individual workers with disabilities or to help them be more productive

-A separate time study does not have to be made utilizing these special modifications.

Page 66: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

Wage & Hour encourages the use of three testing periods.

The length of time study should be one that results in rate of production the worker can maintain over the course of a full work day.

Page 67: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

The results of any work measurement must be verifiable.

Determine average hourly production, allowing for personal time, fatigue, and unavoidable delays (9-10 minutes per hour).

Page 68: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

PFD allowance factor-If using 9 minutes per hour, the PFD allowance factor should be 1.1765 (60 minutes divided by 51 minutes equals 1.1765).

-If using 10 minutes per hour, the PFD allowance factor should be 1.20 (60 minutes divided by 50 minutes equals 1.20).

Page 69: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

Prevailing wage rate divided by standard of worker without disability= Piece rate

Rounding

Piece rate x Units Produced= Commensurate Wage

Page 70: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Piece Rates

THE GOLDEN RULE:

Standard multiplied by piece rate must equal or exceed the prevailing wage rate

Page 71: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Hours Worked: Issues

Rehabilitation Services Downtime Work samples/simulations Travel time

Page 72: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Rehabilitative services

Not hours worked provided the services are not primarily for the purpose of increasing job productivity

Examples: counseling, psychological testing, mobility training, medical treatments, personal care, physical or occupational therapy, recreation

Page 73: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

DowntimeWorkers with disabilities

Refers to compensable time when worker is on the job but not producing because of factors not within his/her control.

Downtime should be paid at the rate equal to the worker’s average hourly earnings during the most recently completed period, not to exceed a quarter.

Page 74: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

EXTENDED PERIOD(S)OF DOWN TIME

The Wage & Hour Division has adopted an enforcement position which allows community rehabilitation programs to remove workers with disabilities who are paid special minimum wages under Section 14(c) from the production area during periods of extended down time and provide them with activities that are not compensable.

Page 75: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

EXTENDED PERIOD(S)OF DOWN TIME

Worker(s) must be removed from production area so as not to interfere with others who are still involved in production.

Employer must maintain a record of the time employees spend in non-compensableactivities

Page 76: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Work sample/simulations

• Not hours worked if: Performed in area away from work area

Do not yield a product used to fulfill any of the facility’s contracts

No economic benefit is derived from the product

Page 77: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Work sample/simulations

-Supervised by non-production personnel

-Are a specific part of well-defined program of rehabilitation

-Typically materials or products are discarded or recycled for future use in work simulation

Page 78: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Travel TimeWorkers with Disabilities

Transportation provided to and from worksite and worker’s home by employer at beginning and end of work day is not hours worked. This transportation retains the characteristics of “normal home to work travel.”

Page 79: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Travel Time Workers with Disabilities

Reporting to centralized pickup point to get a ride to remote job site not readily accessible by public transportation is not hours worked if:

Workers do not perform any work at the pickup point

Workers do not engage in any activities considered an integral part of their principal activity

Workers retain the option to transport themselves to the jobsite

Page 80: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Travel TimeWorkers with Disabilities

Any time spent in transportation provided by the facility between jobsites during the course of the workday is hours worked.

The worker shall be paid a wage rate that is at least equal to his or her average hourly earnings during the most recently completed representative period, not to exceed a quarter.

Page 81: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Recordkeeping

Maintaining good records is essential to proper compliance

Records need not be kept in any particular form and time clocks are not required

Payroll records must be kept for 3 years and the time cards and wage computation records must be kept for 2 years

An accurate record of the hours worked each day and total hours worked each week is critical to avoiding hours worked problems

Page 82: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Required Records

Employee’s name, home address, occupation, sex, and birth date if under 19 years of age

Hour and day when workweek begins Total hours worked each workday and

each workweek Total daily or weekly straight time

earnings

Page 83: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Recordkeeping-workers with disabilities employed at special minimum wages Prevailing wage survey documentation SCA contract information to include

wage determination Productivity records Hours worked records Worker without disability production

standards used to set piece rates or hourly rates

Page 84: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Recordkeeping-workers with disabilities-continued

Consumer productivity evaluations and supporting documents including time studies

Posting of required special minimum wage poster

Advising consumers orally and in writing of the terms of special minimum wage certificate

Page 85: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Section 14(c) Certificates

Certificates are issued with both an effective date and an expiration date.

A certificate, along with the employer’s authorization to pay special minimum wages, will expire on the indicated date unless the employer files an application for renewal with the Wage & Hour Division before the expiration date.

Page 86: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Section 14(c) Certificates

Work Center and Patient Worker certificates are normally issued for 2 year period.

Business and School Work Experience Program (SWEP) certificates are normally issued for 1 year period.

Page 87: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Common Errors to Avoid

Use of entry level rates or minimum wage for prevailing wage rates

Failure to conduct prevailing wage survey at a minimum of annually

Use of behavioral factors to evaluate hourly paid workers with disabilities

Use of incorrect personal time, fatigue, and unavoidable delay (PFD) allowance factor in calculating piece rates

Page 88: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Common Errors to Avoid

Improper rounding of piece rates Recommendation: Carry out to 5

decimal places and round up to 4 places. Failure to use correct wage

determination rate for SCA work classification

Failure to pay full fringe benefits required by SCA wage determination

Page 89: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Child Labor

Page 90: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Minimum Age Standards

18 and above No limitations Minimum for occupations declared

hazardous by the Department of Labor 16 and 17 year-olds

General minimum for employment Limited to non hazardous occupations No limitations on hours or time

Page 91: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Minimum Age Standards(Continued)

14 and 15 year-olds Minimum age for employment in specified

occupations Limited to work outside school hours Total work hours limited per day and per

week Only non-hazardous and non-

manufacturing jobs Under 14 years of age

Work only in jobs that are exempt from or are not covered by the FLSA

NOTE: Rules differ in agricultural employment

Page 92: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Wage & Hour Section 14(c) Investigations

Complaint or directed Appointment letter Opening Conference Tour Review of records (both staff &

consumers)-Payroll, time, production records-Disability records

Page 93: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Wage & Hour Section 14(c) Investigations

Verification of sample number of time studies

Employee interviews Prevailing wage survey follow up Final conference Letter of findings

Page 94: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Enforcement

In the event there is not a voluntary agreement to comply and/or pay back wages, the Wage and Hour Division may:

Obtain an injunction to restrain the employer from violating the FLSA, including the withholding of proper minimum wage and overtime

Bring suit for back wages and an equal amount as liquidated damages

Page 95: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

Northeast Region Section 14 Team Leader

Maggie MacDonald

U.S. Dept. of LaborWage & Hour DivisionJFK Federal Building, Room 525

Boston MA 0220617-624-6720

E-mail: [email protected]

Page 96: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

CERTIFICATION TEAM STATE ASSIGNMENTS

Gail Arnold (312) 596-7198: CA (business establishments and schools only), C0, DE, DC, FL, GU, IL, IN, IA, KS, ME, NJ, ND, OK, PA, PR, RI, TN, VI, and VA.

Nicole Howard (312) 596-7200: AL, AR, CA (community rehabilitation centers and hospital/residential care facilities only), HI, ID, LA, MD, MI, MO, NE, NV, NH, NC, SC, UT, WA, WV, WI, and WY.

Nancy Madison (312) 596-7202: AK, AZ, CN, GA, KY, MA, MN, MS, MT, NM, NY, OH, OR, SD, TX, and VT.

Page 97: EMPLOYMENT REFRESHER March 4, 2011 East Hartford Cultural Center

ADDITIONAL INFORMATION

Visit the WHD homepage at: www.dol.gov/esa/whd_org.htm

Call the WHD toll-free information and helpline at 1-866-487-9243

Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses at: www.dol.gov/elaws

Call or visit the nearest Wage and Hour Division Office

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Thank you,Any Questions?

Contact Maggie MacDonald 617-624-6720 Anonymous questions answered Stress free atmosphere

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DDS EMPLOYMENT INITIATIVE

Real Work For Real Pay!

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Presence and participation in Connecticut life

Opportunities to develop and exercise competence

Opportunities to make choices in pursuit of a personal future

Good Relationships with family members and friends

Respect and dignity

“To participate fully and meaningfully in, and contribute to, their communities as valued

members.”

How are most adults valued as contributing community members?

THROUGH EMPLOYMENT!

DDS Mission Statement

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•Since 2008, DDS CT has promoted and supported an Employment First philosophy•This philosophy establishes that for working age adults served by DDS, integrated, individualized employment should be a preferred service outcome•This means that all individuals from age 16 through 55 should be encouraged to work and should be provided the supports needed to find, get and keep jobs in their chosen career path

Employment First!

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• It is recognized that implementation of an Employment First philosophy and the creation of a stakeholder culture that values and promotes the employment for all people with disabilities will be a long-term process, requiring a general raising of expectations, consistent actions, capacity building of infrastructure and directing of resources to support this effort.

Implementation of an Employment First Philosophy

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Agency MOA

• Employment First Conference• Training and Technical Assistance to Job

Developers• Benefits Planning and Financial Literacy• Group to Individualized Employment• Employment Idol 3• Employment Success Stories –

Employment Idol 4• APSE and SELN• DDS Partnership with Connect-Ability

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Employment First Conference Held July 2010 Over 235 in attendance All the Presentation Material will be the

DDS website – Employment – 1/1/11 E-Polling Results

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Training and Technical Assistance to Job Developers

43 Job Developers Selected from 25 agencies 20 Managers/Exec participated in first session 3 ICI mentors assigned to provide TA Outcome – to sustain a Job Developer Network

with support from Connect-Ability Themes reported

job training/networking helpfuljob developers reporting they don’t have the time to do follow-up work, TA calls

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Benefits Planning and Financial Literacy

“Pathway to a Better Job” -Deadline extended

14 per Region – work with PSTs and Individuals on increasing over 20 hours of real work

Use existing DDS allocation = LON Additional supports – Benefits Counselor

work to explore options Identify barriers Scripts/training

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Group to Individualized Employment

6 Agencies Identified – 2 per region Work with 6 people and their PSTs in each

organization ICE working with agencies to plan, identify

barriers, support changes needed Outcome:

Recommendation of what DDS needs to do to enhance their infrastructure

Each individual will have an individual job that = real work for real pay

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Employment Idol 3

5 individuals selected Criteria:

Employed and paid be a private company Works 20 hours or more Being paid minimum wage or more Works in a competitive job – in a job that

any person with our a disability could do Loves their job and wanting to share their

work accomplishments

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Employment Idol 3

Honored at the People First Conference in May

Brochure completed Begin Taping and should be completed

by 1/1/11

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Employment Success Stories – Employment Idol 4 Review all that participants

of the DDS initiatives ICI will assist in the selection Select the top success stories Employment Idol 4 – complete within FY

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Memberships

APSE – partnering to support Employment in CT Collaborating on an Employment Conference Support ongoing trainings SELN

SELN Monthly Webinars National Best Practices Employment Resources

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Marketing

DDS Manuals being updated with Employment Focus

Employment Idol Brochure Employment Brochures Benefits – Easier guide – working with

BRS

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Partnership

Working in partnership with Connect-Ability

State agencies working together to promote Employment for ALL!

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TICKET TO WORK

An Evolving Program in Connecticut

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• Administered by the Social Security

Administration, Ticket to Work is an

employment program for people with

disabilities who are interested in going

to work.

What is the Ticket to Work Program?

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The Goal of the Ticket Program

• To assist the SSI/SSDI beneficiary

to obtain and maintain self-

supporting employment

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The Ticket to Work Program

Increase opportunities and choices for Social Security disability beneficiaries to obtain employment, vocational rehabilitation (VR), and other support services from public and private providers, employers, and other organizations.

Under the Ticket Program, the Social Security Administration provides disability beneficiaries with a Ticket they may use to obtain the services and jobs they need from a new universe of organizations called Employment Networks (ENs).

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Does your agency serve SSI/SSDI consumers (Ticket Holders)

As a Services Provider should you consider becoming or joining an Employment Network (EN)?

And do you assist those individuals find and keep employment?

THIS COULD BE AN OPPORTUNITY FOR YOUR

AGENCY TO ENHANCE FUNDING.

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As a ticket consumer, you have choice

Choice of goals Choice of providers Choice of services Choice of how and when services are

utilized Choice to modify an employment plan Choice to use or not use the “ticket”

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Roles of the Consumer& Employment Network

ConsumerDecide they want to go to workChoose their ENMaintain contact with EN

Employment NetworkAny activities that will leads to a employment for the consumer.

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Outcome-Milestone Payments

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Key Points

Providers can participate in more than one Employment Network.

These are NOT service dollars. Payments are made to an EN only after the individual is working and reaching established employment milestones.

SSA goal is for a beneficiary to earn above SGA and go off of SSI/SSDI benefits.

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Employment Networks (EN)

Can be a single entity

A partnership or alliance of entities (public and/or private)

A consortium of organizations collaborating to combine resources to serve Ticket-holders

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Ticket Partnership with the Vocational Rehabilitation (VR) Program

Partnership Plus: A New Approach to Service Delivery

EN-VR partnerships pay both a state VR agency and an EN for services.

Services will be provided sequentially, not concurrently.

Program allows for flexibility when services are provided.

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Ticket Partnership with the Vocational Rehabilitation (VR) Program

VR offers Vocational counseling and guidance

that will either be the entry to employment and/or the increase in retaining and upgrading employment

Benefits Counseling – guides the consumer to work from part-time to full time employment to achieve self sufficiency without cash benefits

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Ticket Partnership with the Vocational Rehabilitation (VR) Program

EN offers Employment supports such as:

Life skills Assistance to maintain stable housing Assistance with healthcare needs

Follow along services to maintain long-term employment outcomes Regular “check-ins” with consumers Continued Benefits Counseling Creative Job supports

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Technical Assistance

VR will provide TA on the “mechanics” of the TTW program

CESSI, SSA’s Program Manager for Recruitment & Outreach will help design interagency agreements for equitable revenue sharing and a coordinated system of services.

Employment Network Consortium will be established in CT

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Next Steps

Consider your role in the Ticket to Work

Research the # of consumers eligible for program participation in your service organization

Project Technical Assistance needs

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Informational Contacts:

Bureau of Rehabilitation ServicesNora Bishop phone/email

[email protected] Connect-Ability 1-800-844-1903

Web Resources

www.yourtickettowork.comFind the new regulations at:

http://edocket.access.gpo.gov/2008/pdf/E8-10879.pdf

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SEI RATE STUDY

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