nvworkforceconnections.org...on the job training program -ojt -i su12ersedes policy 3.8 dated may...

$: nvworkforceconnections.org...On the Job Training Program -OJT -I Su12ersedes Policy 3.8 Dated May 111 2012 I Rt! llised: October 2013 Policy Approved By: WC Executive Director i' \$
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Workforce Connections General Policies ADW-030-07 On the Job Training Program - OJT -I Su12ersedes Policy 3.8 Dated May 111 2012 I Rt! llised: October 2013

Policy Approved By: WC Executive Director i' \ ~ \ Policy Adopted on: Aue:ust 01, 2013

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Purpose: To establish Workforce Connections' (WC) p olicies for dult and Dislocated Worker ro ram: p g On the Job Training Program (OJT)

Background: As indicated in [20 CFR §663.700 (a)] On-the-Job training (OJT) is defined at WIA section 101 (31). OJT is provided under a contract with an employer in the public, private non-profit, or private sector. Through the OJT contract, occupational training is provided for the WIA participant in exchange for the reimbursement of up to 50 percent of the wage rate to compensate for the employer's extraordinary costs. [WIA Sec. 101 (31) (B)] Service Providers currently under contract with Workforce Connections and receiving WIA Title I Formula funds shall follow this policy. Service Providers may establish written internal procedures that meet the requirements of this policy.

Policy: Workforce Connections has established that an OJT program is appropriate when the need for training has been identified in the Individual Employment Plan (IEP) wherein the participant's interests, abilities, and needs have been also identified. Therefore the following guidelines are designed to assist Workforce Connections' Service Providers in the planning and execution of an OJT training program. The guidelines will also assist in meeting local regulations which require that, to be permissible, costs incurred in the OJT training program must be necessary, reasonable and allowable. The OJT must lead to long-term employment with the involved employer.

This policy applies to all Workforce Connections Service Providers providing WIA Title I services to adult and dislocated workers.

Reference: PL 105-220 - WIA [Section 101(A) (B) (C)]; [Section 101 31 (c)]; [Section 134(d) (4) (A)] [20 CFR §667.270]; [20 CFR 663.310 (c)] [20 CFR §663.700]; [20 CFR §663.705]; [20 CFR §663.710]; [WIA State Compliance Policy i.14]

A. The OJT program is not a subsidy to employers for normal hiring. WIA Title I funds should be used to pay for training activities, not placements and wage subsidies. B. All information required by Federal, State, and local reporting requirements must be collected for each individual receiving this service. The appropriateness of any service provided to an eligible program participant should be documented in the Individual Employment Plan and should show a clear linkage between the provided service and potential improvement in the participant's employability or career/objective goals.

I Workforce Connections Policy ADW-030-oz I I Adult & Dislocated Worker Program

Workforce Connections is an equal opportunity employer/program.

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Addendum-1

I. General Provisions/Guidelines for On-the-Job Training (OJT).

A. On-the-Job training (OJT) as allowed byWIA is a viable training tool for eligible program participants. An OJT can be an effective tool in assisting WIA eligible participants in becoming gainfully employed after receiving core and intensive services and who have been unsuccessful in finding employment. Since training is conducted at the work place the OJT is one of the most legitimate and successful forms of training.

B. General Guidelines

1. OJT programs shall only be approved for participants who have been properly assessed, who have at least received core and intensive services, and where an individual employment plan has been developed with a case manager to identify and document participant skills, interests, need for training, and employment goals.

2. The case file must contain a determination of need for training services under [20 CFR §663.310] as identified in the Individual Employment Plan (IEP), where the participant and case manager will identify employment goals, appropriate achievement objectives, and the appropriate combination of services for the participant to achieve the employment goals [WC - Policy ADW-030-03].

3. OJT programs must be directly linked to employment opportunities in the local area or in another area to which the participant is willing to relocate. Case file must contain proper support documentation.

4. OJT programs must be limited to the period of time required for a program participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the OJT contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the program participant, prior work experience, and the IEP. A skills gap analysis is required at this time [Attachment B].

5. A comprehensive training plan must be developed prior to OJT program start. The description of training must indicate the occupational areas or skills the participant will be trained to perform, specific measurable objectives, along with number of hours of training required to obtain those skills, and the criteria for measuring and monitoring the attainment of those skills. Once skills have been identified and a method for measuring them has been established, trainee progress can be determined [Attachment C].

6. Workforce Connections' Service Providers must not contract with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work WIA [Section 195 (4)].



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II. OJT - The Employer:

Addendum-1 Continuation

The OJT is provided under an agreement with an employer in the public, private non-profit, or private sector. Prior to entering into an OJT contract with the employer, a pre-screening and/or pre-award assessment must be conducted to ensure that the employer meets the minimum standards and can provide both training and long-term employment to OJT participants.

The pre-screening and/or pre-award assessment must include, at a minimum:

A. Compliance:

1. Federal, State, and local regulations 2. Fair Labor Standards Act of 1938 3. Non-discrimination and equal opportunity provisions ofWIA and its regulations 4. Americans with Disability Act 5. Health and safety standards 6. State workers' compensation law requirements

B. Assurances:

1. The company has not exhibited a pattern of failing to provide OJT trainees with continued long-term employment.

2. The company verifies that WIA funds will not be used to relocate operations in whole or part.

3. The company has operated at current location for at least 120 days. 4. The company commits to providing long-term employment for successful OJT

trainees. 5. WIA OJT funds will not be used to directly or indirectly assist, promote or deter

union organizing. 6. OJT trainees will be provided with the same workers compensation, health

insurance, unemployment insurance, retirement benefits, as regular, non-OJT employees.

7. OJT trainees are compensated at the same rates, including periodic increases, as non-OJT employees but, in no event, less than the highest minimum wage specified under the Fair Labor Standards Act of 1938.

Note: 1. To verify that an establishment which is new or expanding is not relocating employment from another area, the pre-award review must include names under which the establishment does business, including predecessor and successors in interest; the name, title, and address of the company's official certifying the information; and whether WIA assistance is sought in connection with past or impeding job losses at other facilities, including a review of whether WARN notices relating to the employer have been filed (WIA sec. 181(d)). Pre-Award assessment form - [Attachment A]



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III. As indicated in [20 CFR §667.270], "V\That safeguards are there to ensure that participants in WIA employment and training activities do not displace other employees?"

A. A participant in a program activity authorized under Title I ofWIA must not displace (including partial displacement, such as a reduction on the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).

B. A program or activity authorized under Title I of WIA must not impair existing contracts for services or collective bargaining agreements. V\Then a program activity authorized under Title I ofWIA would be inconsistent with a collective bargaining agreement, the appropriate labor organization and employer must provide written concurrence before the program or activity begins.

C. A participant in a program or activity under Title I of WIA may not be employed in or assigned to a job if: 1) any other individual is on layoff from the same or any substantially equivalent job; 2) the employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so created with the WIA participant; 3) the job is created in a promotional line that infringes in any way on the promotional opportunities of currently employed workers.

D. Regular employees and program participants alleging displacement may file a complaint under the applicable grievance procedures found at [20 CFR §667.600]; [WIA sec. 181].

IV. OJT - The Contract [Attachment D]

A. Must be fully executed, and will not be considered valid unless it is properly signed and dated by both the employer and the Service Providers representative. A copy of the fully executed OJT contract must be part of the program participant's file.

B. Required support documentation:

1. Properly completed OJT pre-award assessment 2. Copy of company's certificate of liability insurance - both commercial/industrial and

workers' comp 3. OJT contract 4. Skill gap analysis - SGA 5. Training plan - progress evaluation report 6. Copy of job description 7. Copy of offer of employment or employer commitment to hire OJT participant 8. Copy of timesheets/ attendance records, signed by OJT participant and employer

(legible copies) 9. Copy of employer invoices (legible copies) 10. Copy of payment to employer for OJT program hours 11. Copy of payroll records (legible copies)


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C. General Criteria for an OJT Contract


1. The OJT contract must be limited to the period of time that is required for a program participant to become proficient in the occupation for which the training is being provided, [item I (A) (4) of this policy]. Proper justification for OJT time frame must be recorded on the IEP based on the skills level of the trainee and the required occupational skills of the job.

2. Currently Workforce Connections has established a dollar amount cap for OJTs which is not to exceed $10,000.00 (ten thousand dollars). Service Providers are to base the amount of the OJTs on each eligible program participant's needs and circumstances and the availability of program funds. Exceptions to the established dollar amount cap may be requested. Approval may be granted by Workforce Connections executive staff based on an individual case review.

3. The employer's job skills requirement must be specifically identified, carefully analyzed, and monitored, [item I (A) (5) of this policy]. A realistic training plan must be developed and must be linked to participant's IEP.

4. Workforce Connections requires that OJT participants are compensated at the same rates, including periodic increases not related to individual performance [item II (B) (7) of this policy]. In no event shall OJT trainees be paid less than the minimum wage.

a) Wages do not include tips, commissions, or normal fringe benefits. OJT trainees are entitled to the same fringe benefits regular employees receive. The employer is responsible for 100% of the fringe benefit cost.

b) OJT trainees may work overtime for an employer as long as the trainee does not object, and provided they are compensated at the employer's usual rate. However, overtime wages are not reimbursable. Paid Federal or local holidays, recognized by the employer as being paid days off, are reimbursable.

5. As indicated on item IV(A) of this policy the OJT contract must be fully executed, and will not be considered valid unless it is properly signed and dated by both the employer and Service provider representatives, OJT program participant must not start training until the OJT contract is fully executed and properly signed.

6. In the event OJT program is developed for a youth participant, the OJT must have a career advancement potential, and must pay a wage that equals or exceeds the average local area's performance placement wage for youth. The training program must be written addressing the skills to be learned in an orderly sequence, and must include a skills certificate attainment component.

dult & Dislocated Worker Pro

Worlcforce Connections is an equal opportunity employer/program.

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V. Reimbursement to Employer

Addendum-I Continuation

A. OJT payments to employers are deemed to be compensation for the extraordinary costs associated with training program participants and the costs associated with the lower productivity of the participants [WIA sec. 101(31)(B)].

B. Employers may be reimbursed up to 50 percent of the wage rate of an OJT program participant for the extraordinary costs of providing training and additional supervision related to the OJT. Otherwise a waiver must be in place. 1. DOL approved waivers can be found at below link:

http://wa ivers .doleta .gov /wa Ive rsea rchadva need .cfm

C. Employers are not required to document such extraordinary costs.

D. Additional requirements

1. OJT employers must submit timesheets and/ or attendance records documenting training/work hours. Value of total hours must match training/work hours, taking into consideration agreed percentage of reimbursement and hourly wage rate. All submitted paperwork must be legible and verifiable.

2. Timesheets and/or attendance records must be properly completed, signed and dated by both the program participant and the employer.

3. Invoices must be legible, and properly signed by the employer. No corrections shall be made to the submitted invoice by Service Provider representative. In the event updates and/or corrections are needed they can only be addressed by the OJT employer.

4. In the event a salary increase occurs during the OJT period, or additional training is required by the employer, then the OJT contract may be amended. Service Provider is responsible for updating the participant IEP, properly recording justification for amendments, and ensuring that the OJT contract is in compliance with this policy.

5. All documentation related to OJT contract reimbursement must become part of the program participant's file.

6. Payments to OJT employers must be properly and timely recorded in MIS -NVTRAC and will only reflect the actual amount paid to OJT employer, the amount recorded in MIS-NVTRAC must match amount invoiced by OJT employer.

I Workfol'ce Connections Policy ADW-030-07 I Adult & Dislocated Worker Pro

Workforce Conneclions is an equal opportunity employe!"/program.

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VI. Inappropriate OJT training programs includes, but is not limited to:

A. Occupations in lower wage industries where prior skill or training is not prerequisite for hiring;

B. Occupations with high labor turnover;

C. Occupations which lead to relocation of establishments from one area to another;

D. Seasonal occupations;

E. Occupations with a substantial number of experienced and able workers who are presently unemployed;

F. Occupations dependent on tips and/or commission to equal the minimum wage; and

G. Occupations with low paying positions that offer no advancement opportunities.

VII. Workforce Connections' Service Providers must adhere to the following provisions:

A. OJT employers are subject to evaluation for purposes of determining whether or not they meet the terms and conditions of their OJT agreements. Through a collective effort from ongoing monitoring, program staff communication, and participant input, the effectiveness of an OJT employer can be determined.

B. An employer may be identified as inappropriate for OJT programs because the employer has had two (2) or more previous OJT programs and exhibited a pattern of failing to provide OJT program participants with continued long-term employment as regular employees with wages and working conditions at the same level and to the same extent as similarly situated employees.

C. Any OJT employer found to have violated any OJT contract assurance, exhibited a lack of fiscal accountability, or failed to meet contract provisions will be placed on a "Prohibited Employers List". Workforce Connections must be informed, in writing, whenever a Service Providers has concluded and documented such failures and determinations. Additionally, Workforce Connections may identify circumstances where the employer's actions are in non-compliance with established OJT guidelines and procedures, and as such may result in Workforce Connections placing the employer on the "Prohibited Employers List".

I Workforce Connections Policy ADW-030-01 I I Adult & Dislocated Worker Program


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WIA Adult and Dislocated Worker Program On-Job-Training (OJT Pre-Award Checklist)

Attachment A Section 1: Employer Information ComP,lete the following En_1ployer information .

Employer Legal Business Name:

FEIN#:

Contact Person: Title:

Address:

City: State: Zip:

Phone#: Fax#:

Type of Organization:

E-Mail:

Individual D Partnershi 0 Company NAICS Code:

Limited Liabili!Y Cor oration D_ For Profit: D # of Current ~rs in Existence: Em ~xees: -...---:::: _l_ r---;:::::------1

Is the Business being sold or merging with another company? Yes D No D

Section 2: Company Review

1) WARN notices have previously been filed? YesD NoD

2) The company has not exhibited a pattern of failing to provide OJT trainees with continued long-term employment?

YesD NoD

Section 3: Meeting WIA Criteria

1) Company verifies WIA funds will not be used to relocate operations in whole or in part?

YesD NoD

2) Company has operated at current location for at least 120 days? YesD NoD

3) Ifless than 120 days and the business relocated from another area in the U.S., were employees laid off at the previous location as a result of the relocation?

YesD NoD

I Workforce Connections Policy ADW-030-07 I Adult & Dislocated Worker Pro


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4) Company commits to providing long-term employment for successful OJT trainees.

YesD NoD

5) OJT funds will not be used to directly or indirectly assist, promote or deter union organizing?

Agree D Disagree D

6) The OJT will not result in the full or partial displacement of employed workers?

YesD NoD

7) Trainee wages to be paid are at least equal to:

a. The Federal, State or local minimum wage (Fair Labor Standards Act) YesD NoD

b. Other employees in the same occupation with similar experience YesD NoD

8) Trainees will be provided the same workers' compensation, health insurance, unemployment insurance, retirement benefits, etc. as regular, non-OJT employees?

YesD NoD

a. Worker' compensation company: b. Account#: c. Effective dates: to

9) The employer will comply with the non-discrimination and equal opportunity provisions of WIA and its regulations.

Section 4: Signatures Authorized Signatures

YesD NoD

I hereby certify that the above information is, to the best of my knowledge, true and correct. ~ loyer: ----------~------- f Date_: ________ ] [DYeLPrint Name: _ Date: ]

The outcome of this pre-award interview: Em loy:er meets all re uirements of the OJT Rre-award. Yes D No D OJT Provider: ~~ ---=}~D-at_e_: -=""'===~----

] Date:

Adult & Dislocated Worker Program


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Employer:

Address:

City:

Contact person:

OJT Participant Name:

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WIA Adult and Dislocated Worker Program Skill Gap Analysis (SGA)

Attachment B (use additional sheet if needed)

Zip:

Title:

OJT Contract#: -~ .... ----~~----.._!P_osition: (---===--Incumbent Skills

OJT recommended time:

OJT Provider :

Skills Gap [Yes or No] (p_ lease explain): ~

Required Skills

OJT reimbursement recommended % rate:

Date:

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I Workforce Connections Policy ADW-030-oz I I Adult & Dislocated Worker Pr ogram


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WIA Adult and Dislocated Worker Program Training Plan Development and Implementation

Attachment C Section 1: Contact and OJT information (complete the contact i1iformatio11for the emplo_yer and trainee)

Employer: Contact Name: Phone:

Trainee: E-mail: Phone:

OJT start date: OJT end date: Total training hours:

Hourly wage rate: Reimbursement rate: Maximum reimbursement: % $

~--"""""''---~-~---~~-Section 2: Occupational Information Com lete the cccu ational info1·mcrtionfo1· the trainee's skills level) --Job Title: I O*NET: Hours/Week: Required Job Skills for occupation: Measured:

-Job skill needed:

Skills attained? Yes D No D

Job skill needed:

Skills attained? Yes D No D

Job skill needed:

Skills attained? Yes D No 0

- = Section 3: Trainee's ending ca abilities (to be completed by the employer)

Meets the employer's standard for the position (please provide brief explanation):

YesD NoD

Employer recommendations (e.g., tools needed, uniform, etc):

YesD NoD

Section 4: Signatures All parties agree to provide or obtain training for the skills outlined in this training plan Authorized Signatures:

Trainee / Date

OJT Provider / Date

Employer / Date

Workforce Connections Polic ADW-030-0 Adult & Dislocated Worker Program

Workforce Connections is an equal opportunity employer/p1·ogram.

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WIA Adult and Dislocated Worker Program OJT CONTRACT

Attachment D OJT Contract No:

Section 1: Contact information (Com lete the contract irifor·mation or the OJT prouider and the employe1).

OJT Provider: Contact Person: Phone #:

OJT Address : E-Mail: Fax:

Employer: F.E.l.N.#

Employer Address: Contact Person: E-Mail:

Phone#: Fax:

Company total # of employees: # of WIA OJT employees: Person in charge of training:

Section 2: Trainee Information (complete the contact inf ormationfoi· trainee and reimbursement rate

Name: Last four (4) digits of SS# Phone: xxx-xx- 02)

OJT start date: OJT end date: Total training hours

Job title: O*NET#: O*NET Job Zone:

Hourly wage rate: Reimbursement rate: Maximum Reimbursement $ % $

---~--Section 2 I) (complete this section only if trainee was on company p(lyroll prior to OJT program start date)

Was trainee on company aY..E.oll? Yes O"-N_o_O=-----t1 Does the following apply? 1) Trainee was not earning self-sufficient wages in the position? 2) OJT program is for new technologies, production processes or new services? ) OJT rogram leads to wage increa_~e~rainee self~iciencx_? __

Section 3: OJT Contract - Agreement

YesO NoO YesO NoO YesO NoO

This On-the-Job Training (OJT) Agreement is between the employer and the (OJT Provider), herein after called "OJT Provider" and (Name of Employer), herein after called "Employer". Both parties agree to the terms and conditions set forth within this contract. The contract term commences on (enter start date here) and terminates on (enter end date here).

Section 4: Contract purpose

The purpose of this contract is to establish the general terms and conditions under which the OJT Provider may refer individual WIA participants (the trainee) to the employer to enable the Workforce Investment Act (WIA) participants to take part in an OJT as that term is defined under the Workforce Investment Act.

ce Connections Polle ADW-030-0 t & Dislocated Worker Pro

Workforce Connections is an equal opportunity employer/pr ogram.

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OJT CONTRACT Attachment D

OJT Contract No:

Section 5: General Terms and Conditions

I. Training

A. Employer agrees to employ the trainee and develop a training plan for the OJT trainee that includes competencies needed to be satisfactorily skilled in the OJT position [attachment CJ.

B. The OJT contract agreement must be properly completed and signed prior the OJT trainee start the training.

C. The Employer shall provide the training prescribed on attachment C and complete the evaluations and/or training progress forms that are provided by the program operator. The OJT employee shall be the employer's employee, shall be on the employer's payroll, shall be entitled to the same consideration and shall be governed by the same policies as other employees of the employer.

D. The employer certifies that this is not a temporary job. The OJT employee shall be continued by the employer in unsubsidized employment upon completion of the OJT period, based upon satisfactory job performance by the OJT employee.

E. The employer will provide an orientation to the OJT employee that covers the employer's rules, expectations, safety information and benefits.

F. A reasonable opportunity shall be provided for the OJT employee to improve job performance and work habits prior to termination. During the term of the OJT training, the Employer shall contact the program operator prior to terminating the OJT employee.

G. If the employer requires regular employees in this position to provide their own tools, the employer will provide the program operator with a list of the required tools and/or equipment. Any tools purchased with WIA funding become the property of the OJT employee only after the OJT employee has completed six (6) months of unsubsidized employment in the OJT occupation. If the employee is legitimately terminated from unsubsidized employment in the OJT occupation prior to six ( 6) months, the tools and/or equipment become the property of Workforce Connections.

Workforce Connections Poli Adult & Dislocated Worker Pro

Workforce Connections is an equal opportunity employer /program.

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II. Fiscal

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OJT Contract No:

A. The program operator shall reimburse the employer on a {enter a term such as monthly or bi-monthly) basis in an amount not to exceed the maximum training reimbursement. Reimbursable wages shall not include undocumented payments to the OJT employee, reimbursement for work performed outside of the term of the contract or during periods of work stoppages, or fringe benefits which include sick leave or vacation leave and payroll taxes. Paid federal or local holidays, recognized by the employer as being a paid day off are reimbursable. Trainees may work overtime for an employer as long as the trainee does not object, and provided they are compensated at the employer's usual rate. However, overtime wages are not reimbursable.

B. All reimbursement requests submitted by the employer shall be supported by business receipts, time and payroll records, and other records normally kept by the employer.

C. The OJT employer agrees to maintain adequate time and attendance, payroll, and other records to support amounts reimbursed under the OJT contract. Wages must be paid by check or direct deposit. Reimbursement time sheets must be signed, in ink, by both the employer and the OJT employee and must be submitted according to the contract agreement. Inaccurate or incomplete timesheets or timesheets submitted more than thirty (30) days after the end of the training period may not be honored, at the sole discretion of the program operator. Copies of timesheet(s) are to be maintained along with a copy of the OJT contract.

D. The employer agrees that records which are directly related to the OJT contract are subject to review, monitoring, and audit by the program operator, Workforce Connections, the State of Nevada and/or the Department of Labor, at any time and without prior notice to the employer.

E. The Employer shall provide adequate insurance coverage to protect against legal liability arising out of OJT activity. The Employer shall provide the Program Operator, upon request, copies of insurance instruments or certifications from the bond/insurance's issuing agency. The copies of certifications shall show the bonding or insurance coverage, who is covered and the amounts.

F. The employer shall preserve all OJT employee payroll records, fringe benefits and personnel records for three (3) years after the end of the training period, or longer if any litigation or audit is begun or any claim is instituted which involves these records. The employer shall retain the records beyond the three (3) year period until the litigation, audit findings or claim has been resolved. ~



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III. Employer Assurances

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OJT Contract No:

A. The employer shall provide worker's compensation coverage for the OJT employee and assures that the training shall be provided in accordance with WIA [Sec. 181 (a) (1) (A)] and [20 CFR 667.272] for wage and labor standards.

B. If the OJT is provided to one of the employer's current employees, the employer verifies that the OJT will relate to the introduction of new technologies, introduction to new production or service procedures, or is an upgrade to a new job that requires additional skills, and the OJT position will provide the OJT employee with additional wages, hours or benefits.

C. The employer certifies that they are financially solvent on the date of this contract, and the employer's best projection is that they will remain financially able to meet contract obligations at the end of the training period, including OJT employee's retention.

D. The employer agrees to comply with all applicable local, State and/or Federal laws and ordinances. The employer assures that they have not violated any of the following within the last three years: a) anti-discrimination statues; b) labor and employment laws; c) environmental laws; or d) health and safety laws [29 CFR Part 37].

E. The OJT employer agrees to comply with nondiscrimination and equal opportunity provisions of WIA section 188, including complaint processing and compliance reviews. The employer also assures that it shall not discriminate in its employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental or physical disability [29 CFR Part 37].

F. The employer assures that they have not been debarred or suspended in regard to federal funding, [29 CFR Part 98].

G. The employer further assures that OJT funds will not be used to assist, promote or deter union organizing, [20 CFR §663.730].

H. The employer certifies that no member of the OJT employee's immediate family is engaged in an administrative capacity for the employer, or will directly supervise the OJT employee. For the purpose of this contract, immediate family is defined as spouse, father, mother, brother, sister, daughter, son, brother-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, grandson, granddaughter, grandparents, stepparent, and stepchild or persons bearing the same l.J") relationship to the OJT employee's spouse. ~

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OJT Contract No:

I. The employer assures that wage and labor standards will be adhered to and to pay the OJT employee at the same rates, including periodic increases, and benefits as trainees or employees who are similarly situated in similar jobs. Such rates shall be in accordance with applicable law, but in no event less than the higher of the rate specified in [Section 6(a)(1)] of the Fair Labor Standards Act of 1938 or the applicable State and local minimum wage law, [WIA Sec. 181(a)(1)(A)].

J. The employer assures that the OJT employee will not be required to participate in political activities.

K. The employer assures that the OJT employee(s) will not be employed to carry out the construction, operation or maintenance of any part of a facility that is used or to be used for sectarian instruction or as a place for religious worship [29 CFR 37.6(F)].

L. The employer assures that the OJT employee has not been hired into or will remain working in any position when any other person is on layoff from the same or a substantially equivalent job within the same organization unit or has been bumped and has recall rights to that position, nor that the OJT is created in a promotional line that infringes on opportunities of current employees. The layoff period shall be the expiration of the period required by a recall list. If no recall list of reemployment rights exists, the layoff period shall be for one year from the last layoff or until the next operation year of the department or agency whichever occurs later [20 CFR §667.270].

IV. Additional Terms

A. No fees shall be charged to any OJT employee or employer for referral or placement services relative to this OJT contract.

B. The employer shall participate in and be bound by determinations resulting from Workforce Connections Grievance Policies and procedures unless the employer has provided an established grievance procedure and provided a written copy of such to the program operator. Where the employer's procedure applies, the OJT employee shall have the right to request a review by Workforce Connections' Executive Director.



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C. All services to be rendered or performed by the employer under this contract shall be performed or rendered entirely at the employer's own risk. The employer expressly agrees to indemnify and hold harmless the program operator, Workforce Connections, the local elected officials, officers, agents, employees or otherwise from any and all liability, loss or damage, including reasonable cost of defense, that they may suffer as the result of claims, demands, actions, or damages to any and all persons or property, costs or judgments against the program operator which result from, arise out of, or are in any way connected to the services to be performed by the employer under this contract.

D. This contract has been and shall be construed as having been made and delivered within the State of Nevada and it is agreed by each party hereto that the laws of the State of Nevada, both as to interpretation and performance, shall govern this contract. Any action oflaw, suit in equity, or judicial proceeding for the enforcement of this contract or any provision thereof; shall be instituted and maintained only in any of the courts of competent jurisdiction of Clark, Nye, Esmeralda, or Lincoln County, Nevada.

E. The parties understand and agree that if the courts hold any part, term or provision of this contract to be illegal, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the contract had not contained the particular invalid provision of the State of Nevada, the provision shall be deemed modified to conform to the statutory provision.

F. The parties agree that the forgiveness of the nonperformance of any provision of this contract does not constitute a waiver of the provisions of this contract.

G. The parties agree that this contract is the complete expression of its terms. Any oral representations or understanding not incorporated herein are excluded.

H. Either party may terminate this contract at any time by giving ten (10) days advance written, signed notice of intent to terminate to the other party.

I. This contract may be amended by the mutual written agreement of the parties. All amendments shall be signed by both parties prior to the start date of the amendment and must be attached to the contract.

J. The individual signing this contract on behalf of the employer is the employer's authorized agent and certifies that all the information listed above is correct.

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V. Signatures

I agree to all of the conditions contained in this On-the-Job Training Contract:

Employer (type name):

~loyer Signature:

C5JT Provider: Authorized Staff (type name):

Date:

Date:

Date:

- -------Authorized staff signature: Date:

VI. Collective Bargaining Agreement

1. Is the occupation in which the OJT is being offered subject to a collective bargaining agreement?

YesD NoD

2. If Yes (please complete):

I, (enter the name of collective bargaining agent, and title), of local # of (enter collective bargaining unit) am in concurrence with this OJT contract.

Authorized collective bargaining agent (signature):

I Workforce Connections Policy ADW-030-01 I I

Date:

Adult & Dislocated Worker Program


nvworkforceconnections.org...on the job training program -ojt -i su12ersedes policy 3.8 dated may...

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