Document text
DOCUMENT RESUME
ED 306 731 EC 212 795
AUTHOR Baumgart, Diane; And Others
TITLE Community-Based Vocational Training Field Manual. A
Guide for Interpreting State and Federal Wage Hour
Guidelines, Insurance Coverage, and Development of
Community Sites for Students with Mild, Moderate, or
Severe Handicaps. Secondary Transition and Employment
Project: STEP.
ON Idaho Univ., Moscow. Dept. of Special Education.
NCY Idaho State Council on Developmental Disabilities.;
Office of Special Education and Rehabilitative
Services (ED), Washington, DC.
PUB DATE 87
GRANT GO00-843-0013
NOTE 110p.; For related documents, see EC 212 791-801.
PUB TYPE Guides - Non-Classroom Use (055) --
Legal/Legislative/Regulatory Materials (090)
EDRS PRICE FO1/PCO5 Plus Postage.
DESCRIPTORS sepsis ps be xEducation Work Relationship; Federal
Legislation; Insurance; *Labor Legislation; Program
Development; Secondary Education; *Staff Development;
tate Legislation; *Transitional Programs; Vocational
Education; Work Experience Programs
ABSTRACT
The guide, developed by the Secondary Transition and
Employment Project (STEP) in Idaho, is intended for agency or school
staff developing a community-based vocational training program for
persons with mild, moderate, or severe disabilities. The guide is
intended to be used with three available video tapes. The first
module's goal is the understanding and proper application of the
state and federal wage hour guidelines. Sample sub-goals include
determining if an employer-employee relationship exists and assessing
a worker's productivity and pay rate. Module II involves
understanding and properly applying insurance guidelines wit
subgoals as: determining the extent and type of insurance co
provided under the agency's current policy, and determining
student or adult is covered by the business' insurance. The t
module stresses the delineation of strategies for developing
sites or work stations in the following sub-goals: distinguishing
between a work station, work assignment, and job placement;
mdi coqeiigigl each site with respect to worker integration, training
required, number of placements per site, and availability of similar
ct oir in the community; and developing a short presentation
and/or handout on the agency/school's community-based vocational
raining program. Appendixes include such texts as: "Employment
Relations Under the Fair Labor Standards Act" and "Regulations, Part
524. Special Minimum Wages for Handicapped Workers in Competitive
Employment." (DB)
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2
COMMUNITY-BASED VOCATIONAL TRAINING
FIELD MANUAL
A guide for interpreting State and Federal Wage Hour Guidelines, Insurance
Coverage, and Development of Community Sites for students with mild, moderate,
or severe handicaps.
BY
Diane Baumgart, Ph.D.
Daniel M. Perino
Keith J. Hyatt
Secondary Transition and Employment Project
University of Idaho
Department of ox: Education
Moscow, ID 83843
208-885-6159
©STEP, 1987
This project was supported in part by Grant G00-843-0013 from the U.S.
Deparment of Education, Office of Special Education and Rehabilitation Services
and the Idaho State Council on Developmental Disabilities.
Table of Contents
Page
RP i isccccsechsicishastriceichcnesendaleardnansdcnangshiisieeoadnuenececieeeesdaiidandctenaiaashiileaibiamsatcaiiamaaiienncinmtneanial l
Modules
I. Goal I: Understand and properly apply the state and
federal wage hour guidelines ..............ecseseeseeseeseeseeseenees 2
IT. Goal II: Understand and properly apply insurance
I ciasiciemensvatenicsicipdnrtaseunitncuinaiptauianinviitaesscisineccascibhd 15
IIT. Goal III: Identify and utilize strategies for
NE UII sinsileccichiceceabsiodasteinisipcuuiesincinaomniiesadiacabevaienineseiaalel
INES Ths ic-esieescciscnsonsssnidcetensseshisiataiaeniosiniedsdatentiicimaanaieniasiunbeniinubeiitediansnicaandmnaesiginabctaii 58
Appendix A Employment Relations Under the Fair Labor
Standards Act. WH Pubication 1297.0... 60
Appendix B Regulations, Part 524. Special Minimum
Wages for Handicapped Workers in Competitive
Employment. WH Publication 1316.00.00... 70
Apendix C Handy Reference Guide to the Fair Labor
Standards Act. WH Publication 1282.0... 76
Appendix D A Guide to Idaho Labor LawsS...........cecceseeeseeeteeeeeeeeee OO
Appendix E Form 9010 for Measuring Productivity
and Form WH222 - Application for Handicapped
ee ee Naciasitinascinnnictansaeimeniasenerstaiiaoecdsindasiniiness 94
NOTE: We recommend the purchase of the three accompanying video tapes for $10.95 each: Federal
and State Wage and Hour Regulations, Use of the Subminimum Wage Certificate, and
Insurance and Liability Issues. The tapes are available from STEP, College of
Education, University of Idaho, Moscow, ID 83843. (208) 855-6159.
an
t
Overview
The modules in this manual are designed to accomplish the following goals
and objectives:
Module I.
Module II.
l.
oe)
Module III.
Nm
wa
Understand and properly apply the state and federal wage hour
guidelines.
Determine if an employer-employee relationship exists.
Assess a worker's productivity and pay rate.
Apply for subminimum wage certificates.
Determine if a business is covered by federal or state regulations.
Understand and properly apply insurance guidelines.
Determine the extent and type of insurance coverage provided
under the agency's current policy.
Determine the extent of coverage offered by supplemental
medical policies.
Determine if the student or adult is covered by the business’
insurance.
Delineate strategies for developing training sites or work
Stations.
Distinguish between a Work Station, Work Assignment, and Job
Placement.
Evaluate each site with respect to worker integration,
po required, number of placements per site, and availability
of similar employment in the community.
Use eight different strategies for identifying possible training
sites in businesses.
Develop a short presentation and/or handout on your agency/school's
community-based vocational training program.
Contact an employer, arrange for an interview, and present the
community-based vocational training program.
Learner activities are presented for each objective, and appropriate handouts
and forms are provided.
MODULE I
— —
Understand and Properly Apply
the State and Federal Wage
Hour Guidelines
MODULE I
Introduction
During recent years public school and adult agency personnel have
developed and implemented vocational training programs for persons with
disabilities by utilizing work stations in the community. One of the most complex
and confusing issues associated with the use of community work stations is the U. S.
Department of Labor guidelines, Wage and Hour Division. Common questions
regarding the guidelines include:
1. When are employers required to pay adults for work performed?
2. Who provides insurance coverage?
The answers to these questions are not always clearly defined and require the
interpretation of both state and federal wage and hour regulations. The regulations
which govern the type of sites that can be used are contained in several publications
of the U. S. Department of Employment Standards Administration, Wage and Hour
Division. The following module was developed to help facilitate the correct
interpretation and application of these guidelines.
Goal I.
Objectives:
bho
Ww
Ilan jectiv
Understand and properly apply the state and federal wage
hour guidelines.
Determine if an employer-employee relationship exists.
Assess a worker's productivity and pay rate.
Apply for subminimum wage certificates.
Determine if a business is covered by federal or state
regulations.
rner Activities for 1 I, Objective 1
Determine if an employer-employee relationship exists.
(a) Read U.S. Department of Labor Employment Standards
Administration, Wage and Hour Division, WH Publication 1297,
Revised March 1979, Trainees, page 4-5 (Appendix A).
(b) Review the following handout entitled "The Six Critical
Criteria."
(c) Watch the video tape entitled Federal and State Wage and Hour
Regulations.
(d) | Complete the worksheet entitled "Determination of Paid and Nonpaid
Work Stations."
is
Goal I
Objective 1
Learner Activity (b)
The Six Critical Criteria
If one of the following criteria is NOT met, the worker should be considered
an employee and should be paid.
N
WN
The training, even though it includes actual operation of the
facilities of the employer, is similar to that which would be
given in a vocational school;
The training is for the benefit of the trainees;
The trainee does not displace regular employees, but works
under their close observation;
The employer that provides the training derives no immediate
advantage from the activities of the trainee; and on occasion
his/her operations may actually be impeded;
The trainee is not necessarily entitled to a job at the conclusion
of the training period;
The employer and the trainee understand that the trainee is not
entitled to wages for the time spent in training.
rner Activity for LI, Objective 2
Assess a worker's productivity and pay rate.
(a) Review the following handout entitled "Assessing Productivity."
(b) | Watch the video tape entitled "Use of the Subminimum Wage
Certificate."
(c) | Complete the worksheet entitled "Conducting a Time Study."
Goal I
Objective 2
Learner Activity (b)
A ing P ivi
To measure a person's productivity the following activities must be
completed:
The first task is to develop a set of "norms," a standard against which to
compare a worker's performance. The norms reflect the actual time it takes a
skilled worker to perform the job task and the level of quality required. A minimum
of three skilled workers should be used to develop the norms; and ideally, the job
task should be clearly measurable in terms of quantity and quality. A
predetermined amount of time should be used to measure the quantity of work
completed. An example of this is an adult who works in a commercial laundry
folding towels. The adult works 8 hours a day pulling towels out of a storage bin
and folding and stacking them in piles of 10. Your norm would represent the
number of towels typically folded and stacked within a 15-minute period. To
develop the norms, complete the following activities.
l. Perform an ecological inventory or job skill analysis of the
specific job task on which the person will be rated.
2. Observe a minimum of three persons without handicaps
(or the same person on three separate occasions) perform the
job task for a predetermined time. It is recommended that
the time period be no less than 10 minutes.
3. Record the quantity completed.
4. Evaluate the quality of the work and record the percentage done
correctly.
You are now ready to measure the adult's productivity and compare it to the
norms. To ensure an accurate measurement the adult must have had adequate time
to become familiar with the job task and any equipment. The working conditions,
lighting, equipment, materials and product should be exactly the same as during
Goal I/Objective 2/Learner Activity (b) continued
development of the norms. To perform the productivity measurement you will need
a stop watch, a "90-10 Form" (Appendix E), and the norms. Perform the
productivity assessment in the following manner:
l. Tell the adult that you are going to evaluate his or her ability to
perform the job task.
Nm
Tell the adult to do his/her best, but do not unnecessarily rush him or
her.
a Tell the adult to begin and start the stop watch.
4, When the predetermined amount of time has elapsed, tell the adult to
stop working.
a Record the amount of work completed.
Some job tasks are better measured if the worker is allowed to finish the
entire job as opposed to using only a predetermined amount of time. An example of
this is cleaning rooms at a hotel. It would be a more accurate measurement if you
allowed the adult to complete the entire room and then record the total time it took
instead of how much of the room the adult completed in a 15-minute period of time.
Other examples of job tasks which may be better measured by allowing the adult to
complete the entire task are car washing, janitorial tasks, and some types of food
preparation.
Goal I
Objective 2
Learner Activity (d)
Using the U.S. Department of Labor Employment Standards Administration,
Wage and Hour Division, "90-10 Form" complete the following activity.
1. Arrange with a local business to observe and measure the quantity
and quality of a nonhandicapped worker's performance on one of
their regularly scheduled job responsibilities. As noted in the video
tape, the task should be one which can be best measured in terms of
quantitative and qualitative data and one which is repeatedly
performed in a short period of time (once every 5-10 minutes).
nN
Complete the "90-10 Form” with the collected data.
a Arrange to learn and perform the job task.
4. After you have had the opportunity to become familiar with the job
task, perform the task and record your quantity and quality on the "90-
10 Form" using the regular worker's data as the norm.
Apply for subminimum wage certificates.
(a) Read U.S. Department of Labor Employment Standards,
Administration Wage and Hour Division, Regulations, Part 524,
Special Minimum Wages for Handicapped Workers in Competitive
Employment (Appendix B).
(b) Review the following handout entitled "Completing a Subminimum
Wage Certificate" and complete the attached Form WH222.
11
Goal I
Objective 3
Learner Activity (b)
mpletin minimum W. ifi
A sample of the Application for Special Worker Certificate WH 222, that
was discussed in the video tape is contained in Appendix A. Using the following
information complete the form.
Worker: Andrew Hills
211A Street
Birth Date: 4-1-55
Diagnosis: Moderate Mental Retardation
Employment Site: Modern Way Grocery Store
358 Pullman Hwy., Moscow
883-6565
Starting Date: 10-21-85
Job: Shelf Stocker
Regular Wage: $3.75 per hour
Productivity Measurement: 64%
rner Activities for LI jective 4
Determine if a business is covered by federal or state regulations.
(a)
(b)
Read U.S. Department of Labor Employment Standards,
Administration Wage and Hour Division, Handy Reference Guide to
the Fair Labor Standards Act, WH Publication 1282, Revised January
1982, pages 2-3 (Appendix C).
Review the following handout entitled "Determining State or Federal
Coverage of a Business", and complete the activity as outlined.
13
Goal I
Objective 4
Learner Activity (b)
Determining State or Federal Cover of a Business
Review the criteria for determining state or federal wage and hour coverage.
Identify two businesses within your community (city or county) which would be
covered by only state regulations and five that would be covered by the federal
regulations and list the reasons why.
Federal Criteria:
If the business meets any one of the following criteria, it would have to follow
the U. S. Department of Labor Employment Standards Administration, Wage and
Hour Division, guidelines.
. All employees of enterprises having workers engaged in interstate
commerce, producing goods for interstate commerce, or handling,
selling, or otherwise working on goods or materials that have been
moved in or produced for such commerce by any person, are covered.
N
All of the following businesses, regardless of size, are covered by
federal regulations:
a. Businesses engaged in laundering or cleaning of clothing or
fabrics.
b. Businesses engaged in construction or reconstruction.
¢ Businesses engaged in the operation of a hospital, an
institution primarily engaged in the care of the sick, the aged,
the mentally ill or defective who reside on the premises, a
school for mentally or physically handicapped or gifted
children, a preschool, an elementary or secondary school, or an
institution of higher education (regardless of whether such
hospital, institution or school is public or private or operated
for profit or not for profit).
d. Businesses whose annual gross volume of sales or business
done is greater than $362,500.00.
e. Federal employees.
Goal I/Objective 4/Learner Activity (b) continued
All state and local employees except those in traditional
governmental activities. These are schools, hospitals, fire
prevention, police protection, public health, parks and
recreation.
Employees who are employed by non-covered businesses but
who perform the following job tasks:
1. employees in communication and transportation.
2. employees who handle, ship or receive goods moving in
interstate commerce.
clerical or other workers who regularly use the mail,
telephone, or telegraph for interstate communication or
who keep records on interstate transactions.
employees who regularly cross state lines in the course
of their work.
empioyees of independent employers who perform
clerical, custodial, maintenance, or other work for firms
engaged in commerce or in the production of goods for
commerce.
Domestic service workers, such as maids, day workers,
housekeepers, chauffeurs, cooks, or full time baby sitters,
are covered if they receive $50.00 in cash payments in a
calendar quarter from their employer or work a total of more
than 8 hours a week for one or more employers.
MODULE II
— e—
Understand and Properly Apply:
Insurance Guidelines
MODULE II
In uction
With the movement towards supportive employment, more students and
adults are being evaluated, trained, and placed in the community. One of the
immediate issues that must be resolved is insurance coverage. Who is liable for the
worker when he or she is performing activities that have been arranged by
agency/school personnel in an employer's business? Given the dramatic increase of
lawsuits, agencies are carefully evaluating the coverage of their insurance policies.
Business owners have found themselves in similar situations and have either
discontinued some services or, in some cases, have quit the business because liability
insurance is too expensive or not available.
School and adult agency personnel who are setting up community-based
vocational programs will have to be prepared to answer the employer's questions
about insurance coverage. To.do this the person will have to be familiar with
Workers' Compensation Law, general liability insurance, the agency/school's own
insurance coverage, and any supplemental medical insurance available.
Insurance policies and coverage will vary for each agency/school and
business. It is not unusual for policy coverage to be changed with each renewal.
What might have been covered one year may not be covered the next. The
following materials have been developed to assist agency personnel in determining
what insurance coverage they have and what additional coverage they may need.
15
Goal II.
Objectives:
Goal II_ and Objectives
Understand and properly apply insurance guidelines.
Determine the extent and type of insurance coverage provided under
the current policy.
Determine the extent of coverage offered by supplemental medical
policies.
Determine if a student or adult is covered by the business’
insurance.
17
arner Activities for Goal II jective 1
Determine the extent and type of insurance coverage provided under the current
policy.
(a) Review the following handout entitled "Identifying Your Insurance
Needs," and complete the activities as outlined.
Goal Il
Objective 1
Learner Activity (a)
N
Identifying Your Insurance Needs
Draft an outline of your proposed community-based vocational
training program. The outline on the next page is an example that
has been used.
Present your outline to the appropriate administrator and request that
written clarification be provided regarding extent of insurance
coverage under these conditions.
Based on the written clarification, draft a plan that identifies the
areas which are not or may not be covered.
18
Form to Outline Insurance Coverage for Community-Based Programs
Purpose:
(check one)
Work Supervisor:
training non-paid paid
wage estimate)
employment (wage estimate)
Name
Address
Phone
Type of Business
Number of Students Involved:
School
Class Assignment Disability
Sample Parent Permission Form: Attached to this form.
Sample Employer/Student Contract: Attached to this form.
Program Presented to School Board:
(list date or tentative date & presenter)
(check one) approved date
disapproved date
other specify
Presented to Parents:
(list date or tentative date & presenter)
Description of School Insurance Coverage:
.
Covers school and non-school instruction
Covers on-school grounds instruction only
Additional coverage through school required and
available for $
Student must be covered by parent's insurance, SSI, or
own insurance
Student covered by Workman's Compensation while on
job (DOES NOT include transportation to & from)
All U.S. Department of Labor requirements regulating the working conditions o° 16-18 year
olds (exposure to hazardous chemicals, heavy machinery, etc.) will be followed.
Q4
19
Learner Activity for Goal II, Objective 2
Determine the extent of coverage offered by supplemental medical policies.
(a) Review the following handout entitled "Supplemental Insurance
Coverage," and complete the activities as outlined.
ns
¢)
Goal II
Objective 2
Learner Activity (a)
l ntal Insuran ver.
The placement of adults in local community businesses poses a critical
question: If the adult is injured while in training, who is responsible for the medical
costs which may be incurred? The main factor in determining liability is whether
there is an "employee-employer relationship." If the adult is being paid by the
employer the business’ Workers' Compensation should ade juately cover any
medical costs. In the event that the adult is not on the payroll or not considered an
employee and he/she is injured while performing a job task, it may be determined
that the adult is responsible for the medical costs. All cases will be individually
evaluated and ruled on by the Industrial Commission. To ensure that the
adult/student and his/her family have sufficient medical coverage, all available
insurance coverage should be considered. The following is a list of different types of
coverage:
l. Family Policy
If the adult/student lives at home, determine if the family has medical
insurance which will provide coverage in the case of an accident in the
community. Depending on where the parents work, the adult/student may
automatically be included in a family medical policy provided at no cost or
limited cost to the family. It is critical to determine the age limitation of
family insurance coverage. Generally, family medical coverage will apply to
the children until age 21 if they remain in school or a training program.
™
Medicaid Insurance
If the adult/student is receiving Supplemental Security Income (SSI) through
Social Security, he or she will also have Medicaid which will cover any
medical cost associated with an accident. Other Social Security benefits such
as “survivors benefits” may not include a medical policy. Each student and
family situation will have to be reviewed individually.
27
20
21
Goal II/Objective 2/Learner Activity (a) continued
3. Volunteer Coverage
In some communities nonprofit corporations have been organized to
coordinate and offer volunteer services to agencies and programs within the
community. The nonprofit organization that coordinates and places the
volunteers will generally have an insurance policy which will provide medical
coverage if the volunteer is injured while on the job. In this case
adults/students could be recognized as volunteers through such an
organization and be placed on nonpaid career exploration or evaluation sites
in the community.
22
Goal I1/Objective 2/Learner Activity (a) continued
When evaluating insurance coverage, the following points should be
considered:
l. Is an additional policy needed? If yes, what is the cost?
nN
What are the benefits offered?
3. What is the deductible?
4. Who has to purchase the policy? When can a parent purchase the
policy?
5. Does the adult/student have to live at home?
6. Is there an age limitation?
7. What is the duration of the policy?
8. Is a physical examination required?
9. Does the policy have exclusion clauses which would keep adults with
handicaps from being eligible?
10. Is there a pre-existing condition clause?
With the above information, evaluate the insurance needs of each individual
and identify the areas in which additional coverage is needed.
29
Learner Activities for Goal II, Objective 3
Determine if a student or adult is covered by the business’ insurance.
(a)
Review the following handout entitled "Factors to Be Considered For
Determining Responsibility of Insurance Coverage."
23
24
Goal II
Objective 3
Learner Activity (a)
Factors to Be Considered For Determining Responsibility of
Insurance Coverage
In most community-based vocational training programs, adults and students
are placed in nonpaid work stations for vocational assessment and career
exploration. To accurately assess who is responsible for the insurance coverage, the
following should be considered.
1. Workers' Compensation can only cover those individuals who are
considered employees of the business. Generally insurance
companies consider the employer to be the individual who pays the
wages for the work produced. Two examples will help illustrate the
point. If an agency/school opts to pay the student/adult directly for
the hours that he/she has worked in a local business, then it will be
the agency/scheol's responsibility to provide the Workers'
Compensation coverage. In contrast, if the agency paid the employer
a stipend or monthly minimum fee for having the adult on site and the
employer in turn paid the adult, then the employer would have the
Workers’ Compensation responsibility.
nN
If an adult/student is placed in a local community business and is not
being paid (e.g. career exploration), and is injured and needs medical
attention, a decision will have to be made about how to handle the
cost of the medical coverage. By law, any injury to a worker which
requires more than traditional first aid that can be administered on
site must be reported. In the case of a nonpaid worker, if the injury is
reported and the worker or family feels it should not be liable for the
medical costs, then an investigation by the Industrial Commission and
the Department of Labor will be conducted to determine if an
"“employer-employee relationship" exists. If it can be determined that
an "employer-employee relationship" does exist, then the employer
will be responsible for the medical cost under his/her Workers'
Compensation.
3]
MODULE III
— e—
Identify and Utilize Strategies
for Developing Community Sites
MODULE III
Introduction
Using businesses in the community for training sites presents a number of
unique challenges and barriers, but also results in very effective instruction. One of
the immediate challenges community-based vocational training presents is the
actual identification and development of relations with businesses which meet the
needs of the agency and the adult/students it serves.
Employers generally understand very little about persons with handicaps and
community-based vocational training programs. Agency and school professionals
must demonstrate a great deal of confidence in themselves, the training program,
the adult or student and must convince employers that participating in the program
benefits not only persons with disabilities, but the employer's business as well.
How does one do this when his or her professional training and experience
has been limited to working in an agency-based or classroom-based program? The
following units will address these guidelines and strategies and hopefully allow staff
to become comfortable with their ability to meet employers and develop placement
sites or training stations.
33
25
Goal III.
Objectives:
26
LIT an jectiv
Be knowledgeable about strategies for developing sites or stations.
Distinguish between a Work Station, Work Assignment, and Job
Placement.
Evaluate each site with respect to worker integration, training
required, number of placements per site, and availability of similar
employment in the community.
Use eight different strategies for identifying possible training sites in
local businesses.
Develop a short presentation and/or handout on your agency's or
school's community-based vocational training program.
Contact an employer, arrange for an interview, and present the
community-based vocational training program.
34
27
Learner Activity for Goal III, Objective 1
Distinguish between a Work Station, Work Assignment and Job Placement.
(a) Review the following handout entitled "Deciding What it is That You
Want".
28
Goal III
Objective 1
Learner Activity (a)
Deciding What it is That You Want
When preparing to review a business or interview the manager or personnel
director, there are key question which must be addressed:
1. Do I want a work station, work assignment or job placement site?
y 2 Are there opportunities for workers with handicaps to interact with
nonhandicapped workers?
3. How many workers with handicaps could be placed on the site
without overloading it?
4, Are there opportunities for the workers with handicaps to perform a
variety of jobs?
S. What is the frequency of job openings in similar types of work within
the community?
6. How receptive would the owner, manager and employees be to having
workers with handicaps on the job site?
Ie What is the relationship of the tasks performed on the job to other
skills that the adult/student may be trying to learn in other settings?
The role of the community site should be carefully considered. There are
three basic types of vocational environments: Work Stations, Work Assignments,
and Job Placements.
The first of these is a Work Station. By definition, a Work Station is a
community site where a large number (4-8) of adults/students with handicaps can
simultaneously receive training, systematic instruction, and supervision on a variety
of jobs. Supervision is generally provided by school or agency personnel, but may
also be provided occasionally by an employer or employee in the Work Station. The
focus is on training and thus there is no remuneration and training is only a few
hours a week. Each trainee is on the Work Station for a predetermined length of
time which may range from one week to one year. The Station is generally used for
providing career exploration experiences, evaluating the adult's or student's ability
36
29
Goal III/Objective 1/Learner Activity (a) continued
to perform job tasks, and assessing social skills. It is not intended to be used as an
employment site.
A Work Assignment is a site where only one or two trainees receive
instruction on a specific job task. The purpose of the Work Assignment is to
provide a realistic community environment where trainees receive less supervision
and have more opportunities to interact with nonhandicapped workers. Direct
instruction is provided by both agency/school personnel and job site employees.
Supervision is gradually faded out once the trainee can perform the task
independently and at a rate expected of a nonhandicapped employee. The Work
Assignment is generally reserved for training, but in some cases may be developed
into an actual job placement site. As the trainee gradually becomes independent on
the job task, he/she is paid. The hours per week and length of time on the job site
will vary. Depending on the complexity of the tasks being learned, the trainee may
stay on the job site as long as a school year, and the hours worked per week may
range from few to half time.
The Job Placement is a site at which attempts are made to have the
adult/student with a handicapping condition hired as an employee of the business.
Contingent on the adult/student's productivity and work schedule, wages and
benefits may vary but are based on those received by nonhandicapped workers at
the site. The adult may require continued training or intermittent support. The
placement site is viewed as an employment opportunity which may be part time or
full time and which should continue indefinitely or until other opportunities arise.
30
rner Activities for Ll jective 2
Evaluate each site with respect to worker integration, training required, number of
placements per site, and the availability of similar employment in the community.
(a) Read the following handout entitled "Desirable Characteristics of
Community-Based Vocational Sites."
(b) | Given an occupational area, identify three businesses in the
community which employ individuals in such positions and rate them
using the "Evaluating Businesses for Placement" form.
Goal III
Objective 2
Learner Activity (a)
Desirable Characteristics of Community-Based Vocational Sites
Once you have decided on the type of sites you want, you will need to
evaluate the site in terms of opportunities for the adult/student to interact with
nonhandicapped workers. Depending on the business, some sites will require
interactions with coworkers or the public. An example of this would be a site
located at a grocery store where the worker is responsible for bagging groceries and
stocking shelves and coolers during store hours. The worker has to be able to greet
customers and politely assist them with bagging their groceries or directing them to
food items. In these situations the worker will have close physical contact with
nonhandicapped coworkers and must also be able to interact with customers using
both verbal and nonverbal communication. In contrast to this example, placement
at a business in which the worker operates a microfilm camera or files documents in
an isolated area requires minimal interaction with the public and coworkers.
Interactions with nonhandicapped workers or the public do not have to occur
during the entire work period, but frequent enough to offer opportunities for social
interaction. For example, in an assembly plant or commercial laundry the noise of
the equipment may inhibit conversations but still allow for nonverbal social
communication, such as eye contact, gestures, or facial expressions. If there is an
opportunity for the adult/student with a handicap to be on the site during coffee
breaks or lunch time, every effort should be made to have him or her participate
and interact during this time.
Depending on the number of staff, training of staff, and number of
individuals enrolled in the vocational program, the logistics of providing appropriate
training and supervision on numerous sites throughout a community becomes
difficult. In these cases careful planning and schedule coordinating by staff may be
necessary.
39
ft
32
Goal III/Objective 2/Learner Activity (a) continued
If persons with handicaps represent 3-4% of the general population, then in a
community site the work force should also reflect this proportion. Keeping within
this guideline, only one adult per every 25 to 35 workers would be placed.
Unfortunately, in small rural communities this is far too restricting but does
illustrate an important point: the ratio of workers with handicaps to workers
without handicaps should be considered when deciding who and how many should
be placed on the site.
In setting up the community sites, you may have a specific type of job in
mind, but it is important to also evaluate the community in terms of what additional
job tasks are available for the adult/student to observe and learn about. An
example of this may be the situation in which the adult says that she would like to
work as a motel maid. In locating a motel or hotel to approach for a community
site, it would be advantageous to select one which not only has maids, but also
restaurant help, in-house laundry workers, a grounds keeping crew, and clerical
staff. With the consent of the employer and a structured approach arranged by the
teacher or work supervisor the adult/student could observe and actually experience
the responsibilities of the other jobs located on the site.
Another consideration is the frequency with which job openings requiring
similar types of skills are available in the community. Depending on the community
and the industry, some types of work may only have a few openings per year, and
there are numerous people applying for the position. A relatively easy means of
conducting a labor market analysis would be to monitor the job openings listed in
the newspaper and the local Job Service Office. Based on these results, you could
select community sites partly on the frequency of availability.
One of the most difficult factors to forsee is how the management and
coworkers might respond to having persons with handicaps working alongside them.
The personal feelings and reactions of each worker cannot realistically be surveyed.
It is generally perceived that most workers have stereotypic perceptions of people
with handicaps, but this cannot always be assumed. It is only by working with
individual employees that you will be able to determine their attitudes. It should be
40
33
Goal III/Objective 2/Learner Activity (a) continued
remembered that this may be the first time the employees have had contact with a
person with handicaps. As such, it is important that you take advantage of the
opportunity to dispel any misconceptions and help them to better understand the
adult trainee or worker to assure them their job or their competence is not
threatened. Research data is encouraging and the data indicates that contact with
employees is an important factor in enhancing attitudes.
The final area of consideration in selecting a community site is the degree to
which the skills that will be learned on the site can be used across other
environments, materials or people. A most obvious example of this may be the
adult who is placed at a restaurant doing food preparation, such as washing and
slicing vegetables, weighing and slicing meats, and washing dishes. All of these skills
have the potential to be used in a domestic setting. This is not to suggest that an
available site or job opportunity be dismissed because it does not have transferable
skills, but if there is a choice when selecting a station, this factor should be
considered.
34
Goal III
Objective 2
Learner Activity (b)
Evaluating Businesses for Placement
Directions:
You have several adults who have a stated interest in food service
occupations. Identify three businesses within your community which employ food
service workers and rate the positions by using the "Evaluating Businesses For
Placement Form." Based on the rating, rank (high to low) the three businesses and
explain why.
Ja
Evaluating Businesses for Placement
Name of Business Date
Address
Contact Person
Phone Number
Using a scale of 1 to 5, with 5 being the highest, rank the business according to the
following items.
Item Ranking Comment
1. Physical location
for interaction with
co-workers.
yA Number of adults
who can be placed
on the site.
x Opportunities during
the day for interaction
with workers performing
other jobs.
4. Receptiveness of
the employer and
employee.
5. Ability to use
skills in other
domains.
43
36
rner Activities for 1 III, Objectiv
Use eight different strategies for identifying possible training sites in local
businesses.
(a) Read the following section entitled "Strategies For Identifying
employers.”
(b) | Complete the activities outlined on the following handout entitled
"Community Site Identification Strategies.”
Goal Ill
Objective 3
Learner Activity (a)
trategies For Identifying Employers
Once you have decided what type of community sites you want and for what
purpose (Work Station, Work Assignment, Job Placement) you are ready to begin
identifying those specific businesses that meet your needs. There are numerous
strategies for identifying potential businesses and the technique which proves to be
most helpful will depend on the size of your community and your personal style.
The following is a list of the most commonly used resources in identifying
Work Station, Work Assignment and Job Placement opportunities in businesses in
the community.
Newspaper
Department of Employment
Mailing Lists
Personal Knowledge and Experience
AP WN o
Friends, Family, Professional Contacts and Parents
Yellow Pages
Chamber of Commerce
Px PP
Business Directories
The local and regional newspapers offer a convenient means of identifying
potential community sites and employers. Most employers who have an affirmative
action program use the newspaper as a method of advertising their positions to the
public. Unfortunately there are some limitations in using the newspaper. First, not
all businesses want their name in the "Help Wanted" column, because the time and
effort required to answer inquiries of prospective applicants requires more
personnel time than is available. In cases such as these, the business listing a job
opening may use a Post Office Box or a special mailing address. Another drawback
is that some businesses advertise consistently as a technique to keep applications on
file but may not actually have any job openings. A third consideration is that if a job
4 7
37
38
Goal III/Objective 3/Learner Activity (a) continued
opening is repeatedly listed in the newspaper with the same business, some
investigation should occur to determine why there is a high turnover position.
Hopefully as you become skilled at identifying job openings and businesses within
the community, you will be able to quickly identify those businesses in the
newspaper which can help your program. The "Help Wanted" ad is not the only
place that you should look when using the newspaper. The business and financial
section will often have articles on local businesses and their products or services.
Take advantage of the article to gain insight into the business and its potential use
to you and your adults/students.
Every state has a state-operated agency whose primarily responsibility is
matching people who are unemployed with employers who need workers. Generally
it is known as Job Service but may operate under a different title or be included as
an umbrella agency with the Department of Employment. Employers are able to
have Job Service act as a no-cost employment agency: identifying, screening and
interviewing people for their job openings. Job openings within the community,
region and state are maintained and are a tremendous resource when you are trying
to identify businesses that are currently hiring or have a need for a specific type of
work. Job Service also administers employer incentive programs such as Targeted
Job Tax Credit (TJTC), on-the-job training (OJT), Private Industry Council (PIC)
programs and summer youth employment programs. In addition to administering
programs and listing jobs, Job Service also collects and publishes information on
local and state employment and economic trends. Anyone is eligible to receive a
copy of the monthly publication.
Mailing lists of job announcements provide some insights into the local and
regional labor market. Usually large businesses or government agencies, such as the
city, county, or state, routinely publish lists of current job openings. Larger
businesses, such as hospitals, agencies, institutions and corporations, use the mailing
list as a method of advertising their job openings and ensuring that they reach
minority groups. One of the drawbacks of a mailing list is that information is often
46
39
Goal III/Objective 3/Learner Activity (a) continued
not provided with the announcement. Usually it will list only the job title and
classification and may sometimes give a brief explanation of the duties. Unless you
are familiar with the job title and classification, you may be unable to determine if it
is an appropriate position for one of your adults/students.
Your personal knowledge of businesses that you have worked for in the past
can help you identify potential community sites. Your observations of how the
management views working with persons with handicaps, the attitudes of the
workers and the feasibility of using the business as a community site is invaluable
information.
Friends, family, professional contacts and parents are a very valuable tool for
identifying businesses that would be compatible with your program. Approximately
90% of all jobs are found through these sources. This is an excellent example of
networking: who knows who, who knows the manger at the Main Street Inn.
Instead of having to depend solely on yourself for possible opportunities with
businesses, you now have several people who are indirectly helping you.
Professional organizations, civic groups, and clubs give you an opportunity to
associate with people outside of your own profession and generally those who work
within the private sector. All are resources for identifying potential businesses for
your program.
The Yellow Pages are very useful for identifying businesses, especially those
that may offer more than one type of work site, such as a large hotel which has a
restaurant, a bar, small stores and a laundry.
The local or regional chamber of commerce is another resource which
usually has readily available information on businesses in the community and may
also be able to provide specific information on the product or services they offer, the
number of employees, and other general background information. In response to
the recent economic recession, chambers of commerce have become more
sophisticated in their cataloging of businesses and the data that they keep.
47
40
Goal III /Objective 3/Learner Activity (a) continued
Business directories are generally available at either your city library,
chamber of commerce, or city offices. These directories contain lists of the local
businesses, describe the products and services and usually have an address, phone
number and a contact person. Directories which cross reference businesses by
products and services are also available. Depending on the town or library, regional
listings may also be available.
Goal III
Objective 3
Learner Activity (b)
mmuni j ion Str i
Directions:
Using all eight of the strategies presented, identify three potential sites for
adults interested in clerical occupations. Record your information on the following
form. Note the number of openings found per source, and comment on the quantity
and quality of information given (i.e. given only a person to contact, job title, rate of
pay, not sure if the job is still open).
41
Strategy Findings
Comment
Newspapers
Department of
Employment
Mailing Lists
Personal Knowledge
and Contacts
Friends, Family,
Professionals
Yellow Pages
Chamber of Commerce
Business Directories
43
Learner Activity for Goal III, Objective 4
Develop a short presentation and/or handout on your agency/school's community-
based vocational training program.
(a) Review the following handout entitled "Guidelines for Preparing
an Employer Presentation," and complete Activities 1-4 as outlined.
qr
pee
44
Goal III
Objective 4
Learner Activity (a)
Guidelines For Preparing An Employer Presentation
Activity 1,
Contacting employers and discussing your community-based vocational
program can be an intimidating process if you have little experience or preparation
for this task! Review the following information, and as you complete Activity 2 keep
the following points in mind.
Businesses in the community operate by buying products or services and in
turn selling goods or services to the public or other businesses. The actual selling
price of the product or service includes the cost of materials, labor, transportation,
profit, and overhead. To compete, the business must ensure it is paying the lowest
price for the best quality. When approaching employers the agency/school staff
must take the same businesslike approach and present the potential worker and
training program as a service. To do this they must view themselves as salespeople
and approach the employer from a sales perspective.
YOU ARE NOW A SALESPERSON
Good sales people know:
1. their product
y J their product's assets and limitations
* their customer's needs
+ how their product can or cannot meet their customer's needs
5. the mutual benefits
A. Know your product: Know your adult/student's social/cultural
background, skill assets and work interests, family, and involvement
in the community (e.g. has the adult been in trouble with the
neighborhood, are the parents in a position to influence or
help, does the employer know the family).
45
Goal III /Objective 4/Learner Activity (a) continued
Know your product's assets and limitations: What are his or her
academic, social, vocational, community, and physical strengths and
weaknesses and how do they apply specifically to this employer? Be
able to demonstrate or document the assets, actual products that he
or she has produced (e.g. welding, food preparation, sewing).
Know your customer's needs: The employer is in business to make a
profit! Be familiar with the specific equipment, jargon and production
techniques. Be knowledgeable about their quality and productivity
standards. What are the problem areas for that industry (e.g. a specific job
area that has a high turnover or is a more difficult job to perform). Ask to
observe jobs prior to stating whether or not you have a person for a certain
job. This will help you become familiar with the job and employment
atmosphere and provide you with information to determine if this
site could become a training station training or a placement site.
Do not be afraid to discuss how you can or cannot meet your customer's
needs: The person who you have in mind may have the majority of the skills
to do the job, but may lack one main skill that the employer requires. In this
case you may have to eliminate this site as a possibility. You should discuss
altering the job to allow the person to perform the task or use more than one
worker to perform the job or parts of the job.
Mutual Benefits: Be able to point out the benefits of hiring the
student/adult to the employer: A trained employee, no direct costs or risks,
prior knowledge of the employee's skills and weaknesses, training and
support system offered by you, ownership in a community project, possible
wage reimbursements and tax credits, acknowledgement in letters to the
editor in local newspapers and through local and state committees for hiring
persons with disabilities.
OJ
46
Goal III /Objective 4/Learner Activity (a) Continued
Activity 2,
Directions:
Develop an introductory meeting narrative which discusses your community-
based vocational program and includes the following elements. Remember, the
person that you will be presenting this to will not be familiar with community-based
programming. Keep it short. Do not use acronyms, initials or jargon.
I. Introduction
A. Names
B. Job title /responsibilities
II. Justification for the meeting
A. Explanation of the meeting
Rationale for community-based
Why you personally believe in it
What type of individuals you are working with
Cooperative agency agreements
Advantages of community-based
AL YNE
a. generalization of skills
b. social validation
c. integration
d. career exploration
e. job training
B. Employer/agency responsibilities
1. Employer's responsibilities
2. safe work place
b. supervision
¢ training
d. performance evaluation
e. proper insurance coverage
f. schedules
g. wages
qT
bes
Goal II1/Objective 4/Learner Activity (a) continued
Agency's responsibilities
a. training
b. nee
©. liability
d. crisis intervention
@. problem solving
III. | Employer Discussion of the Business
A. What type of business is it?
Manufacturing or service
Description of what they do
B. Review of personnel
Ww NO
eo ND
How many people do they employ?
What types of positions: prof., tech., nonskilled?
Hiring trends during the last year and anticipated future
hirings
Expectations of employees
Work schedules
In-house training programs--explain
Wages and benefits
Past history of hiring individuals with handicaps
C, Possible employer incentives
Yer YP
Career exploration (not paid)
Job training (paid)
Sub-minimum wage certificate
Targeted Job Tax Credit
OJ.T.
Community involvement
wT
ei |
47
Goal III/Objective 4/Learner Activity (a) continued
IV. Summary
A. Confirmation of interest in the program
Summarize and highlight the critical points
Set a date for the follow-up meeting to:
Conduct inventories
Discuss a specific person you have in mind
Reconfirm interest in the program
Answer specific questions
Return with specific information requested
Leave a business card or program brochure
49
Goal III/Objecuve 4/Learner Activity (a) Continued
Activity 3,
Practicing Your Narrative
Now that you have a narrative which addresses all of the important points of
your program it is important that you have an opportunity to practice and become
comfortable with the material. Begin by rehearsing your presentation with fellow
staff members. This will allow you the opportunity to practice your presentation,
review your content, get feed-back from your peers, and inform your peers of your
program so they can share their contacts with you. Develop an evaluation sheet
which individually lists all of the key points outlined in Activity 2. Schedule two
Separate times to present, and have at least two individuals rate your presentation.
Review the evaluation forms and adjust your presentation accordingly.
50
Goal III/Objective 4/Learner Activity (a) Continued
Identify an employer with whom you are familiar and make arrangements to
videotape your presentation to the employer. The employer can be a friend,
business acquaintance, or past employer. Make sure that you use a remote
microphone to adequately pick up sound, have adequate lighting, and can see both
the employer and yourself in the picture. With the same evaluation form used for
your practice interviews, observe and rate yourself. Have two others view your
videotapes and rate your performance. Change your presentation accordingly. The
attached Presentation Evaluation sheet can be used to rate your presentation.
qn
CY
51
PRESENTATION EVALUATION
Presentation Rating
Ex. Ave. Poor
l. Clear speaking voice
nN
Mannerisms appropriate for a Professional
am Comprehensive coverage appropriate
to objectives of the presentation
4. Pacing of content is appropriate
S. Ability to answer questions
6. Summary of critical information
¥ Handouts are provided .
Comments:
52
Contact an employer, arrange for an interview and present the community-based
vocational training program.
(a) Read the following handout entitled "Guidelines for Employer
Contact," and familiarize yourself with answers to questions/concerns
commonly asked/noted by employers.
a)
a3
Goal II
Objective 5
Learner Activity (a)
idel loyer Con
INITIAL EMPLOYER INTERVIEW
You are a salesperson. You must be able to sell your program with
conviction!
1. Be prepared. Make a checklist of the points you wish to cover during the
interview. Refer to the checklist during the interview to ensure that you
cover all your points.
2. Dress professionally, but in such a way as to fit into the atmosphere of
the site.
3. Always behave in a professional manner. Follow through with any
commitments made during the interview.
4, Discuss in detail the work experience program. Explain the purpose of
community-based training. Leave a brochure with the employer to read
over later.
5. Sell the benefits of the program. Offer case histories and success stories
of past and current employers. Provide names of employers you have
worked with. If time permits show pictures of adults with handicaps
working at work sites in the community.
6. Describe in detail the adult or student(s) to be placed who will receive
training. Discuss the individual's skills as they can best be used on the
specific job. Discuss areas of the job that the adult will not be able to
o or may have difficulty learning.
Te Be prepared to say no if you feel the work site will not be suitable
for the adult or for you.
8. Provide the employer with a written outline of the steps involved in
placing a worker at the work site. Discuss each step with the employer
so that he/she fully understands the program.
9. Close with a commitment from the vag.’ bd and a date to begin the next
step in the placement process. If the employer is not ready to make a
commitment, give him a time when you will call back to get his answer.
61
54
Goal III/Objective $/Learner Activity (a) continued
ner. i f Sellin in
l. As a group, employees with disabilities rank average or better on job
stability, safety, attendance, and job performance.
N
An employee with a disability can be added evidence of compliance with
affirmative action obligations (where pertinent).
3. By accommodating the special needs of a person with disabilities, the
employer can demonstrate concern for the special needs of all employees.
4, Other employees who have family members or friends with disabilities
benefit by seeing firsthand that a productive future is possible.
Additional Pointers
1. At the end of the interview, summarize what you think the employer has
said in order to check for understanding.
2. Ask the employer if he/she has any questions.
a If the employer seems interested and you are not very familiar with the
business, ask for a tour of the site.
4. Be sure to think in terms of the adult/student doing some of the tasks
that make up the job description, as well as all of the job. For example,
some students may not be able to run the cash register at McDonald's but
they may be able to clear off the tables and dispose of trash.
35
R LUTION
Problem 1; During initial contact, employer is reluctant to meet with agency staff
member.
Solution; Send or leave program information with employer. Follow up with
phone contact at a later time.
Problem 2; Employer is concerned about accident coverage on the job.
Solution; Provide the employer detailed written information about the agency
and the adult/student's accident and liability insurance. Leave the
name and number of the agency/school's accountant if the employer
needs additional reassurance.
Problem 3; The employer has had bad luck in the past with workers who have
handicapping conditions.
lution; Emphasize that this program is different--the individual will always be
supervised by —- ool personnel and any problems will be
worked out by the trainer. Very little of the employer's or staff's time
will be needed.
Problem 4; The employer states that he is too busy to participate in the program.
lution; Emphasize to the employer that all training and supervision is
provided by the agency staff. Involvement of the employer and his
staff in the training process is desirable, but not to begin with.
Problem 5; Employer holds stereotypical views of the characteristics and abilities
of persons with handicaps.
Solution; Provide examples of the s of local jobs which various persons have
performed successfully. Emphasize the similarities among persons
with handicaps and their nonhandicapped peers. Treat all employer
concerns as legitimate.
Problem 6; Employer does not view handicapped persons as a feasible source of
labor.
lution; Provide factual information about the successful employment of
handicapped workers relating specifically to the employer and his/her
type of Soelnen. Provide names and telephone numbers of employers
in the community who have a in the program. Affirm that
the person with handicaps often doesn't do all of the job tasks but
complete numerous tasks. This job division enables more workers to
perform tasks at their level of ability.
Problem 7; Employer has unrealistic expectations concerning workers with
handicapping conditions.
Provide the employer with concrete examples of what can realistically
be expected from an employee with a handicap (e.g., a client may be
able to unload stock from a truck, but will not be able to drive a
forklift).
Employer appears interested, but vacillates in regard to specifying a
starting date for training.
The employer may be unclear how the program works, has
unanswered concerns or is reluctant to tell the agency staff member
that he is unwilling to participate in the program. The agency staff
member can schedule a meeting with the employer to determine his
commitment, respond to concerns and/or outline for the employer the
steps involved in participating in the program. If the employer seems
unwilling to participate in the program, it may be best to 1) leave
program information and allow him to make future contact, 2) ask
permission to observe and list jobs and conduct job inventories that
describe what a person with a handicap could learn to perform.
64
56
ID N-PAID) SITE
Before you contact employers:
*Know the strengths and weaknesses of the person with handicaps.
*Know what skills the person has related to a particular job, and
be able to discuss his or her previous work experience.
*Become familiar with the work site. Have in mind some potential jobs at
the site before you call.
*Be knowledgeable of state and federal labor laws as they relate to
the age of the worker and the nature of the job.
*Have a thorough knowledge of your agency/school's insurance and
liability policy for non-paid work sites in the community.
*For paid sites, be familiar with local and state financial incentives
for hiring persons with handicaps. Provide brochures if available.
Contacting the employer:
*Contact the employer during non-peak work hours (e.g., do not contact
a fast food restaurant during the noon rush hour). For most
businesses, mornings are usually the best time to catch the manager.
*Ask for the manager; if she/he is not there, get his/her name and
ask when is the best time to contact him/her.
*Identify self and affiliation.
*Ask if it is a convenient time to talk for a few minutes.
*Discuss the program's goals.
*Give the employer specific information related to training and
supervisory responsibilities if he asks; otherwise, this
can be discussed during the initial interview.
*Emphasize the mutual benefits to the employer, including:
Trained employee
No cost to employer
May ease employer's workload
Participating in a community project
*Don't be afraid to discuss how the adult may or may not meet the
employer's needs.
*Encourage the employer to contact other employers who have provided
training sites in the past. Provide names and telephone numbers
(obtain approval from employers prior to giving out this information).
65
57
58
Reading Li
National Association of Rehabilitation Facilities. (1984). Federal wage and
tomer lear: sh bile Cnt wenetiniiilh ailiattinatinn Saaitiaen
Washington, D.C.: National Association of Rehabilitation Facilities.
U. S. Department of Labor Employment Standards Administration Wage and
Hour Division. (1981). Handy reference guide to the Fair Labor
Standards Act (WH Publication 1282). Washington, D.C.: U.S. Department
of Labor Employment Standards Administration Wage and Hour Division.
U. S. Department of Labor Employment Standards Administration Wage
and Hour Division. (1978). Child labor requirements in nonagricultural
occupations (WH Publication 1330). Washington, D.C.: U.S. Department
of Labor Employment Standards Administration Wage and Hour Division.
U. S. Department of Labor Employment Standards Administration Wage and
Hour Division. (1979). Employment relationship under the Fair Labor
Standards Act (WH Publication 1297). Washington, D.C.: U.S. Department
of Labor Employment Standards Administration Wage and Hour Division.
U. S. Department of Labor Employment Standards Administration Wage
and Hour Division. (1978). Regulations, part 524 special minimum wages
for handicapped workers in competitive employment (WH Publication 1316).
Washington, D.C.: U.S. Department of Labor Employment Standards
Administration Wage and Hour Division.
Idaho Department of Labor and Industrial Services. (1984). A guide to Idaho
labor laws. Boise, Idaho: Idaho Department of Labor and Industrial
Services.
Idaho Department of Education. (1985). Labor issues in transition planning.
Boise, Idaho: Idaho Department of Education.
66
Pumpian, I., Lewis, L., & Engel, T. S. (1986). The criterion to establish a
. f | ; l : : : /employer relationship: A review of
litigation. Unpublished manuscript, San Diego State University,
Department of Special Education, San Diego.
59
by
WH
arr
fai
t elations
rT.
ENDIX A
Under
Standards Act
Publication
-
]
|
297
-,
\ , = *
a )
On
Employment Relationshin Under &>
the Fair Labor Standards Act
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
WH Publication 1297
(Revised May 1980)
(Reprinted August 1985)
os, . c ~~ . to
= ; r= —_ infon mn and is
is publication is tor genera. + or 2tion al
~~
he
not to be considered in the sare light as statements
of position contained in Nee cate a
lished ederal Register anc the Code o:
publisi in the F 1 : er yar “sary
Federal Mequilations, or in the offici
letters of the Wage and Hour Acmunistrator.
Opi a se
65
U.S. DEPARTMENT OF LABOR
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
EMPLOYMENT RELATIONSHIP UNDER
THE FAIR LABOR STANDARDS ACT
The Fair Labor Standards Act contains provisions and
standards concerning recordkeeping, minimum wages,
Overtime pay and child labor. These basic require-
ments apply to employees engaged in interstate
commerce or in the production of goods for interstate
commerce and also to employees in certain enterprises
which are so engaged. Federal employees are also
subject to the recordkeeping, minimum wage, overtime,
and child labor provisions of the Act. Employees
of State and local government are subject to the
same provisions, unless they are engaged in
traditional governmental activities, in which case
they are subject to the recordkeeping and child labor
requirements. The law provides some specific exempt-
ions from its requirements as to employees employed
by certain establishments and in certain occupations.
The Act is administered by the U.S. Department of
Labor's Wage and Hour Division with respect to private
employment, State and local government employment,
and Federal employees of the Library of Congress,
U.S. Postal Service, Postal Rate Commission and the
Tennessee Valley Authority. The Office of Personnel
Management is responsible for administering the Act
with regard to all other Federal employees.
For the Fair Labor Standards Act to apply to a person
engaged in work which is covered by the Act, an
employer-employee relationship must exist. The
purpose of this publication is to discuss in general
terms the latter requirement.
If you have specific questions about the statutory
requirements, contact the W-H Division's nearest offic
Give detailed information bearing on your problem sinc
coverage and exemptions depend upon the facts in each
case.
e.
Se
mployment relationship requires an “employer” and
an “employee” and the act or condition of employment
The Act defines the terms “employer”, “employee”, and
“employ” as follows:
"Employer" includes any person acting directly or indirectly in
the interest of an employer in relation to an employee and in-
cludes a public agency, but does not include any labor orcaniza-
tion (other than when acting as an employer), or anyone acting
in the capacity of officer or agent of such labor organization. -
Section 3(d).
(1) Except as provided in paracraphs (2) and (3), the term
“employee” means any individual employed by an employer.
(2) In the case of an individual employed by a public acency
such term means--
(A) any individual employed by the Government of the United
States--
(i) as a civilian in the military devartrents (as defined
in section 102 of title 5, United States Code),
(ii) in any executive agency (as defined in section 105 of
such title),
(111) in any unit of the lecislative or judicial branch of
the Government which has positions in the competitive
service,
(iv) in a nonappropriated fund instrumentality under the
jurisdiction of the Armed Forces, or
(v) in the Library of Congress;
(B) any individual employed by the United States Postal Service
or the Postal Rate Commission; and
(C) any individual employed by a State, political subdivision
of a State, or an interstate covernmental acency, other
than such an individual--
(i) who is not subject to the civil service laws of the
State, political subdivision, or agency which employs
him; and
(ii) who--
(I) holds a public elective office of that State,
political subdivision, or agency,
(II) is selected by the holder of such an office to be a
member of his personal staff,
(III) is appointed by such an officeholder to serve on a
policymaking level, or
(IV) who is an inmediate adviser to such an officeholder
with respect to the constitutional or legal powers of
his office.*
(3) For purposes of subsection (u), such term does not include any
individual employed by an employer engaged in agriculture if such
individual is the parent, spouse, child, or other member of the
employer's immediate family.
*On June 24, 1976, the Supreme Court, in the case of National
League of Cities v. Usery, ruled that it was unconstitutional
to apply the minimum wage and overtime provisions of the Fair
Labor Standards Act to State and local government employees
engaged in activities which are an integral part of traditional
government services. The Court expressly found that school,
hospital, fire prevention, police protection, sanitation,
public health, and parks and recreation activities are among
those to which the minimm wage and overtime provisions do not
apply. However, it is the Department's position that the
decision effects no ~ inge in the application of the child labor
or recordkeeping p” sions.
"Employ" includes to suffer or permit to work. - Section 3(g).
EMPLOYMENT RELATION DISTINGUISHED FROM COMMON LAW CONCEPT
The courts have made it clear that the employment relationship
under the Act is broader than the traditional common law concept
of master and servant. The difference between the employment
relationship under the Act and that under the conmon law arises
from the fact that the term "employ" as defined in the Act in-
cludes "to suffer or permit to work". The courts have
indicated that, while "to permit” requires a more positive action
than "to suffer", both terms imply much less positive action than
required by the common law. Mere knowledge by an employer of
work done for him by another is sufficient to create the emloy-
ment relationship under the Act.
TEST OF THE EMPLOYMENT RELATION
The Supreme Court has said that there is "no definition that
solves all problems as to the limitations of the employer-emrloyee
relationship" under the Act; it has also said that determination
of the relation cannot be based on “isolated factors" or upon
a single characteristic or "technical concepts", but depends
“upon the circumstances of the whole activity" including the
underlying "economic reality". In general an employee, as
distinguished from an independent contractor who is engaged in
a business of his own, is one who "follows the usual path of an
employee" and is dependent on the business which he serves.
The factors which the Supreme Court has considered significant,
63
64
although no single one is regarded as controlling, are;
(1) the extent to which the services in
question are an integral vart of the
employer's business:
(2) the permanency of the relationshin;
(3) the amount of the alleged contractor's
investment in facilities and equioment;
(4) the nature and degree of control by
the princinal;
(5) the alleged contractor's opvortunities
for profit and loss; and
(6) the amount of initiative, judgment, or
foresight in onen market connetition with
others required for the success of the
Claimed indevendent enterprise.
TRAINEES
_ The Supreme Court has held that the words "to suffer or permit
to work", as used in the Act to define "employ", do not make all
persons employees who, without any express or implied compensation
agreement, may work for their own advantage on the premises of
another. Whether trainees or students are employees of an
employer under the Act will depend uvon all of the circumstances
surrounding their activities on the premises of the employer. If
all of the following criteria apply, the trainees or students are
not employees within the meaning of the Act:
(1) the training, even though it includes actual
operation of the facilities of the employer, is
Similar to that which would be given in a voca-
tional school;
(2) the training is for the benefit of th
trainees or students;
~J}
VJ
65
(3) the trainees or students do not displace
regular employees, but work under their close
observation ;
(4) the employer that provides the training
derives no immediate advantage from the
activities of the trainees or students; and
on occasion his operations may actually be
impeded ;
(5) the trainees or students are not neces-
Sarily entitled to a job at the conclusion
of the training period; and
(6) the employer and the trainees or students
understand that the trainees or students are
not entitled to wages for the time spent in
training.
EFFECT OF "SALE" ON THE RELATIONSHIP
An employment relationshiv may exist between the parties to a
transaction which is nominally a "sale." An employee is not
converted into an independent contractor by virtue of a
fictitious "sale" of the goods produced by him to an employer,
so long as the other indications of the employment relationship
exist. Homeworkers who "sell" their products to a manufacturer
are his employees where the control exercised by him over the
homeworkers through his ability to reject or refuse to "buy” the
product is not essentially different from the control ordinarily
exercised by a manufacturer over his employees performing work
for him at home on a piece rate basis.
FRANCHISE AGREEMENTS
The Act generally provides that a retail or service establishment
which is under independent ownership would not lose its independent
status solely because it operates under a franchise agreement. On
the other hand, the franchised establishment and its employees may,
in certain situations, be considered to be part of the franchisor's
business. This would be particularly relevant in a situation
where a franchisee is in control of the details of the day to day
operations of the establishment, but the franchisor retains control
over the basic aspects of the business. Where such a situation
exists, they would be considered to be parts of a single business,
and the employees of the franchised outlet would be considered to
be employees of the franchisor.
FACTORS WHICH ARE NOT MATERIAL
There are certain factors which are inmaterial in determining
whether there is an employment relationship. Such facts as the
place where the work is performed, the absence of a formal
employment agreement and whether the alleged indevendent con -
tractor is licensed by the State or local government are not
considered to have a bearing on determinations as to whether
or not there is an employment relationshio. Similarly, whether
a worker is paid by the piece, by the job, vartly or entirely
by tips, on a percentage basis, by commissions or by any other
method is immaterial. The Supreme Court has held that the time
or mode of compensation does not control the determination of
employee status.
EFFECT OF EMPLOYMENT RELATIONSHIP
Once it is determined that one who is reputedly an indevendent
contractor is in fact an employee, then all the emloyees of the
so-called independent contractor engaged in the work for the
principal employer likewise become the employees of the principal
employer, who is responsible for compliance with the Act. However,
in order to protect himself against the "hot goods” prohibition of
the Act, a manufacturer or producer should undertake to see that
even a true independent contractor complies with the law.
VOLUNTEER SERVICES
The Act defines the term "employ" as including "to suffer or permit
to work". However, the Supreme Court has made it clear that the
Act was not intended "to stamp all persons as employees who, with-
out any express or implied compensation agreement, might work for.
their own advantage on the premises of another”. In administering the
Act, the Department follows this judicial guidance in the case
of individuals serving as unvaid volunteers in various commmnity
services. Individuals who volunteer or donate their services,
usually on a part-time basis, for public service, religious or
humanitarian objectives, not as employees and without contemplation
of pay, are not considered as employees of the religious, charitable
and similar nonprofit corporations which receive their services.
For example, members of civic organizations may helo out in a
sheltered workshop; women's organizations may send members or
students into hosvitals or nursing homes to provide certain versonal
services for the sick or the elderly; mothers may assist in a school
J
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66
library or cafeteria as a public duty to maintain effective services
for their children; or fathers may drive a school bus to carry a
football team or band on a trip. Similarly, individuals may
volunteer to perform such tasks as driving vehicles or folding
bandages for the Red Cross, working with retarded or handicapped
children or disadvantaged youth, helping in youth procrams as
cam> counselors, scoutmasters, den mothers, providing child care
assistance for needy working mothers, soliciting contributions or
participating in benefit programs for such organizations and
volunteering other services needed to carry out their charitable,
educational, or religious programs. The fact that services are
performed under such circumstances is not sufficient to create
an employee-employer relationship.
Religious, Charitable or Nonprofit Organizations: There is no
special provision in the Act which precludes an emloyee-employer
relationship between a religious, charitable, or nonprofit organi-
zation and persons who perform work for such an organization. For
example, a church or religious organization may onerate an insti-
tution of higher education and emoloy a regular staff who do this
work as a means of livelihood. In such cases there is an emloyee-
employer relationship for purposes of the Act.
There are certain circumstances where an individual who is a regular
employee of a religious, charitable or non-profit organization may
donate services as a volunteer and the time so spent is not considered
to be camensable “work”. For example. an office employee of a
hospital may volunteer to sit with a sick child or elderly person
during off-duty hours as an act of charity. The Department will not
consider that an emmlovee-employer relationshivo exists with respect
to such volunteer time between the establishment and the volunteer
or between the volunteer and the person for whose benefit the service
is performed. However, this does not mean that a regular office
employee of a charitable organization, for examle, can volunteer
services on an uncompensated basis to handle correspondence in
connection with a special fund drive or to handle other work arising
from exigencies of the operations conducted by the emmloyer.
Members of Religious Orders: Persons such as nuns, monks, priests,
lay brothers, ministers, deacons, and other members of religious
orders who serve pursuant to their religious obligations in schools,
hospitals and other institutions overated by the church or religious
order are not considered to be "employees" within the meaning of the
law. However, the fact that such a person is a member of a religious
order does not preclude an employee-employer relationship with a
State or secular institution.
67
68
JOINT EMPLOYMENT
A single individual may stand in the relation of an employee to two
or more employers at the same time under the Fair Labor Standards
Act, since there is nothing in the Act which prevents an individual
employed by one employer from also entering into an emloyment re-
lationship with a different employer. A determination of whether
the employment by the employers is to be considered joint employment
or separate and distinct employments for purposes of the Act depends
upon all the facts in the particular case. If the facts establish
that the employee is employed jointly by two or more employers, i.e.,
that employment by one employer is not completely disassociated
from employment by the other employer(s) all of the employee's work
for all of the joint employers during the workweek is considered
as one employment for purposes of the Act. In this event, all
joint employers are responsible, both individually and jointly,
for compliance with all of the apolicable provisions of the Act,
including the overtime provisions, with respect to the entire em-
ployment for the varticular workweek. In discharging the joint
obligation each employer may, of course, take credit toward minimm
wage and overtime requirements for all payments made to the
employee by the other joint employer or employers.
Where the employee performs work which simultaneously benefits
two or more employers, or works for two or more employers at
different times during the workweek, a joint employment relation-
ship generally will be considered to exist in situations such as:
(1) An arrangement between employers to share an employee's
services. For example, two companies on the same or adjacent
premises arrange to employ a janitor or watchman to perform work
for both firms. Even though each entity carries the employee on
its payroll for certain hours, such facts would indicate that the
employee is jointly employed by both fimms and both are resnonsible
for compliance with the monetary vrovisions of the Act for all of
the hours worked by the employee; or
(2) Where one employer is acting directly or indirectly in the
interest of the other employer (or employers) in relation to the
employee. For exammle, employees of a temporary held company
working on assignments in various establishments are considered
jointly employed by the temporary help company and the establishment
in which they are employed. In such a situation each individual
company where the employee is assigned is jointly resvonsible with
the temporary help company for compliance with the minimm wage
requirements of the Act during the time the emloyee is in a vartic-
ular establishment. The temporary help company would be considered
responsible for the payment of oroper overtime compensation to the
an
employee since it is through its act that the emloyee
received the assignment which caused the overtime to be worked.
Of course, if the employee worked in excess of 40 hours in any work-
week for any one establishment, that employer would be jointly
responsible for the prover payment of overtime as well as the
proper mininum wage; or
(3) Where the employers are not completely disassociated with
respect to the employment of a particular employee and may be
deemed to share control of the employee, directly or indirectly,
by reasons of the fact that one employer controls, is controlled
by, or is under common control with the other employer.
However, if all the relevant facts establish that two or more
employers are acting entirely independently of each other and
are completely disassociated with respect to the employment of a
particular employee, who during the same workweek performs work
for more than one employer, each employer may disregard all work
performed by the employee for the other employer (or emloyers)
in determining his own responsibilities under the Act.
~J
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69
APPENDIX B
Regulations, Part 524 Special Minimum Wages For Handicapped
Workers in Competitive Employment
WH Publication 1316
Regulations, Part 524
Special Minimum Wages For
Handicapped Workers in
Competitive Employment
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
WH Publication 1316
(Revised February 1978)
This publication conforms to the Code of Federal Regulations as of January 26, 1978,
the date this reprint was authorized.
(524)1
PART 521—SPECIAL MINIMUM WAGES FOR HANDICAPPED WORKERS IN COMPETITIVE
EMPLOYMENT
See.
524.1 Applicability of this part.
524.2 Definitions, as used in this part.
524.3 Application for a certificate.
524.4 Special provisions applicable to handicapped
trainees.
Conditions for granting a certificate.
Additional data when required.
Issuance of a certificate.
524.8 Terms of a certificate.
524.9 Renewal of a certificate.
524.10 Records to be kept.
524.11 Review.
524.12 Issuance of
purposes.
524.13 Amendment of this part.
524.5
524.6
524.7
certificates for experimental
AUTHORITY: The provisions of this Part 524 issued
under sec. 14, 52 Stat. 1068, as amended; 29 U.S.C. 214.
Interpret or apply sec. 11, 52 Stat. 1066, as amended;
29 U.S.C. 211.
Source: The provisions of this Part 524 appear at 36
F.R. 50, Jan. 5, 1971, unless otherwise noted.
§ 524.1 Applicability of this part.
(a) The Fair Labor Standards Amendments
of 1966 (Public Law 89-601, 80 Stat. 830),
among other things, revise the provisions of
the Fair Labor Standards Act of 1938 (29
U.S.C. 201) for the competitive employment
of handicapped persons at special minimum
wages, The provision is now codified at section
14 (c) of that Act. It reads in part as follows:
(c) (1) Except as otherwise provided in paragraphs
(2) and (3) of this subsection, the Secretary of Labor,
to the extent necessary in order to prevent curtailment
of opportunities for employment, shall by regulation
or order provide for the employment under special
certificates of individuals (including individuals em-
ployed in agriculture) whose earning or productive
capacity 1S impaired by age or physical or mental
deficiency or injury, at wages which are lower than
the minimum wage applicable under section 6 of this
Act but not less than 50 per centum of such wage and
which are commensurate with those paid nonhandi-
capped workers in industry in the vicinity for essen-
tially the same type, quality, and quantity of work.
(2) The Secretary, pursuant to such regulations as
he shall prescribe and upon certification of the State
agency administering or supervising the administra-
$1]
tion of vocational rehabilitation services, may issue
special certificates for the employment of—
(A) handicapped workers engaged in work which
is incidental to training or evaluation programs, and
(B) multihandicapped individuals and other individ-
uals whose earning capacity is so severely impaired
that they are unable to engage in competitive employ-
ment, at wages which are less than those required by
this subsection and which are related to the worker's
productivity.
(3)(A) The Secretary may by regulation or order
provide for the employment of handicapped clients in
work activities centers under special certificates at
wages which are less than the minimums applicable
under section 6 of this Act or prescribed by paragraph
(1) of this subsection and which constitute equitable
compensation for such clients in work activities centers.
(B) For purposes of this section, the term “work
activities centers” shall mean centers planned and de-
signed exclusively to provide therapeutic activities for
handicapped clients whose physical or mental impair-
ment is so severe as to make their productive capacity
inconsequential.
(b) Paragraphs (2)(A) and (3)(A) and
(B) of section 14 (c) of the Act quoted above
make provision for the employment of individ-
uals whose work is incidental to State agency
certified training or evaluation programs or
whose productive capacity is inconsequential.
Special minimum wages for such persons,
which may, when appropriate, be less than 50
per centum of the minimum wage applicable
under section 6 of the Act, apply only when
they are employed in sheltered workshops
under certificates authorized in Part 525 of
this chapter.
(c) Under this Part 524, certificates are not
issued fcr less than 75 per centum of the
statutory minimum, unless a lower rate is
clearly justified, in which case the lowest rate
generally that may be authorized is 50 per
centum of that minimum. For the multihandi-
capped and other workers whose earning ca-
pacity is severely impaired (referred to in
section 14(c) (2)(B) of the Act), a wage
lower than 50 per centum of the statutory
(524)2
minimum (but not less than 25 per centum of
that minimum) under appropriate cizcum-
stances may be authorized after certification
by the State agency administering or super-
vising the administration of rehabilitation serv-
ices. (Generally, workers with such severely
impaired earning capacity are employed in
sheltered workshops under certificates au-
thorized in Part 525 of this chapter.)
[37 FR 9995, May 18, 1972;41 FR 29378, July 16, 1976]
§ 524.2 Definitions, as used in this part.
(a) “Handicapped worker” or “worker”
means an individual whose earning capacity
is impaired by age or physical or mental de-
ficiency or injury for the work he is to perform.
(b) “Handicapped trainee” or “trainee”
means an individual whose earning capacity is
impaired by age or physical or mental defi-
ciency or injury, and who is receiving or is
scheduled to receive on-the-job training in in-
dustry under any vocational rehabilitation
program administered by the Veterans Admin-
istration or an authorized vocational rehabilita-
tion agency operating pursuant to the
Vocational Rehabilitation Act, as amended.
(c) “State agency” shall mean the State
agency which administers or supervises the
administration of vocational rehabilitation
services in any State of the United States, the
District of Columbia, Puerto Rico, or the terri-
tory or possession of the United States in
which the employment at special minimum
wages is to occur.
(d) “Competitive employment” is employ-
ment of a handicapped worker whose earning
or productive capacity would yield wages equal
to at least 50 per centum of the minimum wage
applicable under section 6 of the Act at wage
rates which are commensurate with those for
nonhandicapped workers in industry in the
vicinity for essentially the same type, quality,
and quantity of work.
§ 524.3 Application for a certificate.
_(a) Application shall be made to the Re-
gional Director of the administrative region
of the Wage and Hour Division, U.S. Depart-
ment of labor, in which the handicapped
worker or handicapped trainee is to be em-
ployed. For Puerto Rico, the Virgin Islands,
Handicapped Worker Regulations
and the Canal Zone, application shall be made
to the Caribbean Director in Puerto Rico. Ap-
plication forms may be obtained from the
appropriate Director.
(b) The application shall set forth, among
other things, the nature of the disability, a
description of the occupation at which the
worker is to be employed, and the wage the
firm proposes to guarantee the worker per
hour. The nature of the disability must be set
out in detail. Vague statements such as “ner-
vous condition”, “physically incapacitated”,
“slow worker”, etc., are not sufficient.
(c) When a wage is requested which is less
than 50 per centum of the minimum wage
applicable under section 6 of the Act, the ap-
plication shall also contain—
(1) Evidence that the individual is multi-
handicapped or so severely impaired that he is
unable to engage in competitive employment
as defined in § 524.2(d). For such workers the
rate shall be not less than 25 per centum of
the statutory minimum.
(2) Such application shall also be certified
by the State agency defined in § 524.2(c) that
the individual is a multihandicapped individual
or other individual whose earning capacity is
so severely impaired that he is unable to engage
in competitive employment.
(d) The application shall be signed jointly
by the employer and worker and be returned
to the Regional or District Director by the
employer.
(e) No application is required for a tempo-
rary certificate for a special minimum wage for
a handicapped trainee being trained under any
authorized vocational rehabilitation program.
Such temporary certificates are issued in ac-
cordance with procedures set out in § 524.4.
§ 524.4 Special provisions
handicapped trainees.
applicable to
(a) Employment of a trainee (pursuant to
the Vocational Rehabilitation Act or to a voca-
tional rehabilitation program of the Veterans
Administration for veterans with a service-
incurred disability) under a temporary certifi-
cate or a special certificate shall be governed
by this part as modified by this section.
(b) Temporary certificates authorizing the
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VA 1 ne ‘ Superse y specia err),
ate f a temporary certificate is terminate g Issuance of a
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ance I a Superst ng spe a ertincate writ ni mat T nc te that the requireme!
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rehal tation arenc\ te ithery = hy _ eer ,
t \\ "Ne ; Ty pyri? ‘ YS ’ er oc 4 he art)? ‘ >
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§ 521.8 erme of a certificate i
4 wt ¢ + } ° 4 vy — ther - 4
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r ys e rT rrié ‘ V rKer ‘ ‘
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necial minimun age rate and the ;
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s “wu i ~ > ~—* *.* +. + * i + Tv
trainees may be paid special minimum wages ho atte tha 4 » & went pre
Cate Sn? ta . é ‘ €
niv during the effective period of the certifi-
. & - & ri orlT _— ‘ y
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hi be less than 50 per centum o1 é +} ie ee"
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mp e emt ont ay nn ever sha , ae OP vias i : ;
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ae —
such wage rate be less than <o per cent
- 4 og |-a4 >
of the applicable minimum wage unger sectior § 524.11 Review
»} “ uit L
€ F the t nor less thar ro mencurate witl :
: 4 >t rill Anv per , Cc ews
“ocrec F r nonr r rrannen rivere + nr <
Ware paid a icappec W b on tharized renrecentat ‘ hy r. - .
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ane prs “ >
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é i€ ’ t c 4 De ‘ .
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ece es es € ) ) é no ‘ * « , ‘ ‘ Fe r ‘
. oeiiit . veers ‘ . % £ ey ij L {
rin e! T I T Nall be paic ti a tentnr . , ‘ r eT
‘ + °'T"} ‘
he sume piece rates ihe worker Y ! nee a} took + nar + .
— «? P his fu ece rate earnings ’ aia . the ovtand = —
Trh¢ rninaes ’ The hour ) T * " Tr Fo a +} . -_ ‘
p LTi€ u C ‘ ‘ ¢ ‘
‘ *¢ WT neé eT S tne g) recer '° ? '° <
he rke - +9 nee sha be f ay
cero 12 ] f - - . T ,
S > suance oO certificalies ‘ f
, : ; a ell am tee Gee Ghee ee . -+.12 ssuan
. a - ~~ . iV - ~~»
Tabi rT re
‘ 4 me ru 0S
‘ hte, tho te oo od . _ mental pury
! ‘ n excess * the MAXIMUM ¥ ik week y Aditiny h
T ‘6 ? , ~ nner ~ > the > ~* As . s
und i C - - i
y . . £ ¢hic + = > + , or. tar + tharits he G .
"¢ ‘ . ar th > + chs er cp Ti. + norr en r ahi
> } . c uot As
, "nt thor F eaAe? , “ake + pee +) , 6 rT)? a nor r
Handicapped Worker Regulations
der section 6 of the act as part of experi-
mental programs to increase employment
opportunities for such workers. Such certifi-
cates shall be issued in such types of cases
and on such terms and conditions within the
scope of section 14(c
| 11 } 1 1 c 1
eracr , > . | _ bos -*
trator snali determine wu Dest further any such
'
expcerimentai programs.
[36 FR 50, Jan. 5, 1971; 41 FR 29378, July 16, 1976]
(624)5
§ 524.13 Amendment of this part.
The Administrator may at any time upon
his own motion or upon written request of any
interested person setting forth reasonable
ground therefor, and after opportunity has
been given to interested persons to present
their views, amend or revoke any of the terms
of this part.
e@
U.S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINSTRATION
WAGE AND HOUR DIVISION
WH PUBLICATION 1282
REVISED JUNE 1987
76
Handy Reference Guide to the
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) establishes
minimum wage, overtime pay, recordkeeping,
and child labor standards affecting more than 73
million full-time and part-time workers in the pri-
vate sector and in Federal, State, and local
governments.
The Wage and Hour Division (Wage-Hour)
administers and enforces FLSA with respect to
private employment, State and local government
employment, and Federal employees of the
Library of Congress, U.S. Postal Service, Postal
Rate Commission, and the Tennessee Valley
Authority. The Office of Personnel Management
is responsible for enforcement with regard to all
other Federal employees
Special rules apply to State and local government
employment involving fire protection and law
enforcement activities, volunteer services, and
compensatory time off in lieu of cash overtime
pay
Basic Wage Standards
Covered nonexempt workers are entitied to a
minimum wage of not less than $3.35 an hour
and overtime pay at a rate of not less than one
and one-half times their regular rates of pay after
40 hours of work in a workweek
Wages required by FLSA are due on the regular
pay day for the pay period covered. Deductions
made from wages for such items as cash or mer-
chandise shortages, employer-required uniforms,
and tools of the trade, are not legal to the extent
that they reduce the wages of employees below
the minimum rate required by FLSA or reduce
the amount of overtime pay due under FLSA
The FLSA contains some exemptions from these
basic standards. Some apply to specific types
of businesses; others apply to specific kinds
of work
While FLSA does set basic minimum wage and
overtime pay standards and regulates the
employment of minors, there are a number of
employment practices which FLSA does not
regulate
For example, FLSA does not require:
(1) vacation, holiday, severance, or sick pay;
(2) meal or rest periods, holidays off, or vaca-
tions;
(3) premium pay for weekend or holiday work;
(4) pay raises or fringe benefits;
(5) a discharge notice, reason for discharge, or
immediate payment of final wages to termi-
nated employees; and,
(6) any limit on the number of hours of work for
persons 16 years of age and over
These matters are for agreement between the
empioyer and the employees or their authorized
representatives
Who Is Covered?
All employees of certain enterprises having
workers engaged in interstate commerce,
producing goods for interstate commerce, or
handling, selling, or otherwise working on goods
or materials that have been moved in or produced
for such commerce by any person are covered
by FLSA
A covered enterprise is the related activities per-
formed through unified operation or common
control by any person or persons for a common
business purpose and is —
(1) engaged in laundering or cleaning or repair-
ing of clothing or fabrics; or
(2) engaged in the business of construction or
reconstruction; or
(3) engaged in the operation of a hospital, an
institution primarily engaged in the care of the
sick, the aged, or the mentally ill or defective
who reside on the premises, a school for
mentally or physically handicapped or gifted
—
77
children, a preschool, an elementary or
secondary school, or an institution of higher
education (whether public or private or oper-
ated for profit or not for profit); or
(4) comprised exclusively of one or more retail
or service establishments (as defined in
FLSA) whose annual gross volume of sales
made or business done is not less than
$362,500; or
(5) any other type of enterprise having an annual
gross volume of sales made or business done
of not less than $250,000; or
(6) an activity of a public agency.
The dollar volume standard mentioned above in
(4) and (5) excludes excise taxes at the retail level
which are separately stated.
Employees of firms which are not covered enter-
prises under FLSA may still be subject to its mini-
mum wage, overtime pay, and child labor provi-
sions if they are individually engaged in interstate
commerce or in the production of goods for inter-
state commerce. Such employees include those
who: work in communications or transportation;
regularly use the mails, telephones, or telegraph
for interstate communication, or keep records of
interstate transactions; handle, ship, or receive
goods moving in interstate commerce; regularly
cross State lines in the course of employment;
or work for independent employers who contract
to do clerical, custodial, maintenance, or other
work for firms engaged in interstate commerce
or in the production of goods for interstate
commerce.
Domestic service workers such as day workers,
housekeepers, chauffeurs, cooks, or full-time
baby sitters are covered if they (1) receive at least
$50 in cash wages in a calendar quarter from
their employers, or (2) work a total of more than
8 hours a week for one or more employers
Tipped Employees
Tipped employees are those who customarily and
regularly receive more than $30 a month in tips
The employer may consider tips as part of wages,
but such a wage credit must not exceed 40 per-
cent of the minimum wage.
The employer who elects to use the tip credit pro-
vision must inform the employee in advance and
must be able to show that the employee receives
at least the minimum wage when direct wages
and the tip credit allowance are combined. Also,
employees must retain all of their tips, except to
the extent that they participate in a valid tip pool-
ing or sharing arrangement.
Employer-Furnished Facilities
The reasonable cost or fair value of board, lodg-
ing, and other facilities customarily furnished by
the employer for the employee's benefit may be
considered part of wages.
Subminimum Wage Provisions
The FLSA provides for the employment of certain
individuals at wage rates below the statutory mini-
mum. Such individuals include student-learners
(vocational education students), as well as full-
time students in retail or service establishments,
agriculture, or institutions of higher education
Also included are individuals whose earning or
productive Capacity is impaired by age or physical
or mental deficiency or injury. Employment at less
than the minimum wage ts provided for in order
to prevent the curtailment of opportunities for
employment. Such employment is permitted only
under certificates issued by Wage-Hour.
Exemptions
Some employees are exciuded from the overtime
pay provisions or both the minimum wage and
overtime pay provisions by specific exemptions
Because exemptions are generally narrowly
defined under FLSA, an employer should care-
fully check the exact terms and conditions for
-
78
each. Detailed information is available from local
Wage-Hour offices. Following are examples
which are illustrative but do not spell out the con-
ditions for each exemption.
Exemptions from Both Minimum Wage
and Overtime Pay
(1) Executive, administrative, and professional
employees (including teachers and academic
administrative personnel in elementary and
secondary schools), and outside sales per-
sons (as defined in Department of Labor
regulations);
(2) Employees of certain individually owned and
operated small retail or service establish-
ments not part of a covered enterprise;
(3) Employees of certain seasonal amusement
or recreational establishments, employees of
certain small newspapers, switchboard oper-
ators of small telephone companies, seamen
employed on foreign vessels, and employees
engaged in fishing operations;
(4) Farm workers employed by anyone who used
no more than 500 ‘‘man-days”’ of farm labor
in any calendar quarter of the preceding
calendar year;
(5) Casual babysitters and persons employed as
companions to the elderly or infirm
Exemptions from Overtime Pay
Provisions Only
(1) Certain highly-paid commissioned employees
of retail or service establishments; auto,
truck, trailer, farm implement, boat, or aircraft
salesworkers, or parts-clerks and mechanics
servicing autos, trucks, or farm implements,
and who are employed by nonmanufacturing
establishments primarily engaged in selling
these items to ultimate purchasers:
(2) Employees of railroads and air carriers, taxi
drivers, certain employees of motor carriers,
seamen on American vessels, and local deliv-
ery employees paid on approved trip rate
plans;
(3) Announcers, news editors, and chief
engineers of certain nonmetropolitan broad-
Casting stations;
(4) Domestic service workers residing in the
employers’ residences;
(5) Employees of motion picture theaters; and
(6) Farmworkers.
Partial Exemptions from Overtime Pay
(1) Partial overtime pay exemptions apply to
employees engaged in certain operations on
agricultural commodities and employees of
certain bulk petroleum distributors.
(2) Hospitals and residential care establishments
may adopt, by agreement with their employ-
ees, a 14-day work period in lieu of the usual
7-day workweek, if the employees are paid
at least time and one-half their regular rates
for hours worked over 8 in a day or 80 ina
14-day work period, whichever is the greater
number of overtime hours.
Child Labor Provisions
The FLSA child labor provisions are designed to
protect the educational opportunities of minors
and prohibit their employment in jobs and under
conditions detrimental to their health or well-
being. The provisions include restrictions on
hours of work for minors under 16 and lists of
hazardous occupations orders for both farm and
nonfarm jobs declared by the Secretary of Labor
as being too dangerous for minors to perform:
Further information on prohibited occupations is
available from local Wage-Hour offices.
Nonagricultural Jobs
Regulations governing youth employment in non-
farm jobs differ somewhat from those pertaining
to agricultural employment. in nonfarm work, the
permissible jobs and hours of work, by age, are
as follows:
79
(1) Youths 18 years or older may perform any
job, whether hazardous or not, for unlimited
hours;
Youths 16 and 17 years old may perform any
nonhazardous job, for unlimited hours; and
Youths 14 and 15 years old may work out-
side school hours in various nonmanufactur-
ing, nonmining, nonhazardous jobs under the
following conditions: no more than 3 hours
on a school day, 18 hours in a school week,
8 hours on a nonschool day, or 40 hours in
a nonschool week. Also, work may not begin
before 7 a.m., nor end after 7 p.m., except
from June 1 through Labor Day, when even-
ing hours are extended to 9 p.m. Under a
special provision, youths 14 and 15 years old
enrolled in an approved Work Experience
and Career Exploration Program (WECEP)
may be employed for up to 23 hours in school
weeks and 3 hours on school days (inciud-
ing during school hours.)
(2
—
2
Fourteen is the minimum age for most nonfarm
work. However, at any age, youths may deliver
newspapers; perform in radio, television, movie,
or theatrical productions; work for parents in their
solely-owned nonfarm business (except in
manufacturing or on hazardous jobs); or, gather
evergreens and make evergreen wreaths
Farm Jobs
In farm work, permissible jobs and hours of work,
by age, are as follows:
(1) Youths 16 years and older may perform any
job, whether hazardous or not, for unlimited
hours;
(2) Youths 14 and 15 years old may perform any
nonhazardous farm job outside of school
hours;
(3) Youths 12 and 13 years old may work out-
side of school hours in nonhazardous jobs
either with parent's written consent or on the
same farm as the parents;
(4) Youths under 12 years old may perform jobs
on farms owned or operated by parents or,
with parents’ written consent, outside of
school hours in nonhazardous jobs on farms
not covered by minimum wage requirements.
Minors of any age may be employed by their par-
ents at any time in any occupation on a farm
owned or operated by their parents.
Recordkeeping
The FLSA requires employers to keep records
on wages, hours, and other items, as specified
in Department of Labor recordkeeping regula-
tions. Most of the information is of the kind gener-
ally maintained by employers in ordinary busi-
ness practice and in compliance with other laws
and regulations. The records do not have to be
kept in any particular form and time clocks need
not be used. With respect to an employee sub-
ject to both minimum wage and overtime pay pro-
visions, the following records must be kept:
(1) personal information, including employee's
name, home address, occupation, sex, and
birth date (if under 19 years of age);
(2) hour and day when workweek begins;
(3) total hours worked each workday and each
workweek;
(4) total daily or weekly straight-time earnings;
(5) regular hourly pay rate for any week when
Overtime is worked;
(6) total overtime pay for the workweek;
(7) deductions from or additions to wages;
(8) total wages paid each pay period; and
(9) date of payment and pay period covered.
Records required for exempt employees differ
from those for nonexempt workers and special
information is required for homeworkers, for
employees working under uncommon pay
arrangements, or for employees to whom lodo-
ing or other facilities are furnished
Terms Used in FLSA
Workweek — A workweek is a period of 168
hours during 7 consecutive 24-hour periods. It
9)
&0
may begin on any day of the week and any hour
of the day established by the employer. Gener-
ally, for purposes of minimum wage and overtime
payment each workweek stands alone; there can
be no averaging of 2 or more workweeks.
Employee coverage, compliance with wage pay-
ment requirements, and the application of most
exemptions are determined on a workweek basis.
Hours Worked — Covered employees must be
paid for all hours worked in a workweek. In
general, ‘‘hours worked”’ includes all time an
employee must be on duty, or on the employer's
premises or at any other prescribed place of
work. Also included is any additional time the
employee is suffered or permitted to work.
Computing Overtime Pay
Overtime must be paid at a rate of at least one
and one-half times the employee's regular rate
of pay for each hour worked in a workweek in
excess of the maximum allowable in a given type
of employment. Generally, the reguiar rate
includes all payments made by the employer to
or on behalf of the employee (excluding certain
statutory exceptions). The following examples are
based on a maximum 40-hour workweek.
(1) Hourly rate — (regular pay rate for an
employee paid by the hour). If more than 40 hours
are worked, at least one and one-half times the
regular rate for each hour over 40 is due.
Example: An employee paid $3.80 an hour works
44 hours in a workweek. The employee is entitied
to at least one and one-half times $3.80, or $5.70,
for each hour over 40. Pay for the week would
be $152 for the first 40 hours, plus $22.80 for the
four hours of overtime—a total of $174.80
(2) Piece rate — The regular rate of pay for an
employee paid on a piecework basis is obtained
by dividing the total weekly earnings by the total
number of hours worked in the same week. The
employee is entitled to an additional one-half
times this regular rate for each hour over 40, plus
the full piecework earnings.
Example: An employee paid on a piecework
basis works 45 hours in a week and earns $162.
The regular rate of pay for that week is $162
divided by 45, or $3.60 an hour. In addition to the
Straight-time pay, the employee is entitled to
$1.80 (half the regular rate) for each hour over 40.
Another way to compensate pieceworkers for
overtime, if agreed to before the work is per-
formed, is to pay one and one-half times the piece
rate for each piece produced during overtime
hours.
The piece rate must be the one actually paid dur-
ing nonovertime hours and must be enough to
yield at least the minimum wage per hour.
(3) Salary — the regular rate for an employee paid
a Salary for a regular or specified number of hours
a week is obtained by dividing the salary by the
number of hours for which the salary is intended
to compensate
if, under the employment agreement, a salary
sufficient to meet the minimum wage requirement
in every workweek is paid as straight time for
whatever number of hours are worked in a work-
week, the regular rate is obtained by dividing the
salary by the number of hours worked each week
To illustrate, suppose an employee's hours of
work vary each week and the agreement with the
employer is that the employee will be paid $200
a week for whatever number of hours of work are
required. Under this agreement, the regular rate
will vary in overtime weeks. If the employee works
50 hours, the regular rate is $4 ($200 divided by
50 hours). In addition to the salary, half the regu-
lar rate, or $2 is due for each of the 10 overtime
hours, for a total of $220 for the week. If the
employee works 54 hours, the regular rate will
be $3.70 ($200 divided by 54). In that case, an
additional $1.85 is due for each of the 14 over-
time hours, for a total of $225.90 for the week.
$1
In no case may be regular rate be less than the
minimum wage required by FLSA.
If a salary is paid on other than a weekly basis,
the weekly pay must be determined in order to
compute the regular rate and overtime. If the
Salary is for a half month, it must be multiplied
by 24 and the product divided by 52 weeks to get
the weekly equivalent. A monthly salary should
be multiplied by 12 and the product divided by 52.
Enforcement
Wage-Hour's enforcement of FLSA is carried out
by compliance officers stationed across the U.S.
As Wage-Hour’s authorized representatives, they
have the authority to conduct investigations and
gather data on wages, hours, and other employ-
ment conditions or practices, in order to deter-
mine compliance with FLSA. Where violations are
found, they also may recommend changes in
employment practices, in order to bring an
employer into compliance with FLSA.
It is a violation of FLSA to fire or in any other man-
ner discriminate against an employee for filing
a compliant or for participating in a legal proceed-
ing under FLSA.
Willful violations may be prosecuted criminally
and the violator fined up to $10,000. A second
conviction may result in imprisonment.
Violators of the child labor provisions are subject
to a civil money penalty of up to $1,000 for each
violation
Recovery of Back Wages
Listed below are methods which FLSA provides
for recovering unpaid minimum and/or overtime
wages
Wage-Hour may supervise payment of back
wages.
(2) The Secretary of Labor may bring suit for
back wages and an equal amount as liqui-
dated damages.
(3) An employee may file a private suit for back
pay and an equal amount as liquidated
damages, plus attorney's fees and court
costs.
(4) The Secretary of Labor may obtain an injunc-
tion to restrain any person from violating
FLSA, including the unlawful withholding of
proper minimum wage and overtime pay.
An employee may not bring suit if he or she has
been paid back wages under the supervision of
Wage-Hour or if the Secretary of Labor has
already filed suit to recover the wages.
A 2-year statute of limitations applies to the recov-
ery of back pay, except in the case of willful vio-
lation, in which case a 3-year statute applies.
Other Labor Laws
In addition to FLSA, Wage-Hour enforces and
administers a number of other labor laws. Among
these are:
(1) the Davis-Bacon and Related Acts (require
payment of prevailing wage rates and fringe
benefits on federally-financed or assisted
construction);
(2) the Walsh-Healey Public Contracts Act
(requires payment of minimum wage rates
and overtime pay on contracts to provide
goods to the Federal government);
(3) the Service Contract Act (requires payment
of prevailing wage rates and fringe benefits
on contracts to provide services to the Fed-
eral government);
(4) the Contract Work Hours and Safety Stand-
ards Act (sets overtime standards for Federal
service and construction contracts);
Se)
ve
&2
(5) the Immigration Reform and Control Act
(Wage-Hour is authorized to review the
Immigration and Naturalization Service forms
(I-9) required under the Immigration Reform
and Control Act; employers must verify the
employment eligibility of all individuals hired
after November 6, 1986, and must keep I-9s
on file for at least 3 years and for one year
after an employee is terminated);
(6) the Migrant and Seasonal Agricultural Worker
Protection Act (protects farm workers by
imposing certain requirements on agricultural
employers and associations; and by requir-
ing the registration of crewleaders who must
also provide the same worker protections);
and
(7) the Wage Garnishment Law (limits amount
of an individual's income that may be legally
garnisheed and prohibits the firing of an
employee whose pay is garnisheed for pay-
ment of a single debt).
More detailed information on FLSA and other
laws administered by Wage-Hour is available
from local Wage-Hour offices, which are listed in
most telephone directories under U.S. Govern-
ment, Department of Labor, Employment Stand-
ards Administration, Wage and Hour Division.
Equal Pay Provisions
The equal pay provisions of FLSA prohibit wage
differentials based on sex, between men and
women employed in the same establishment, on
jobs that require equal skill, effort, and respon-
sibility and which are performed under similar
working conditions. These provisions, as well as
other statutes prohibiting discrimination in
employment, are enforced by the Equal Empioy-
ment Opportunity Commission. More detailed
information is available from its offices which
are listed in most telephone directories under
U.S. Government.
x U S GOVERNMENT PRINTING OFFICE 1987 207
-109/74407
APPENDIX I
Ar ; + 1 . »
d uice {Cc 14ano Labdoy awe
§3
WH-221
1-88r
A G U I D E T ‘e)
I D Bh H '@) L ra B Oo R L a - Ss
State Of Idaho
Department of Labor and Industrial Services
Safety and Labor Relations Section
Wage and Hour Unit
Statehouse Mail
Boise, ID 83720
(208) 334-2327
qt
g
§4
State of Idaho
Department of Labor and Industrial Services
Safety and Labor Relations Section
Wage and Hour Unit
DAVID D. DUTHIE
Deputy Director
GARY H. GOULD
Director
JOHN C. CROLY
Safety and Labor Relations Supervisor
AREA OFFICES
Boise Area Office
Kenneth R. Flatt
Ronald C. Ostrom
Labor Compliance Officers
277 North 6th Street
Statehouse Mail
Boise, ID 83720
Telephone: 334-2327
Area Covered: Ada, Adams,
Boise, Canyon, Elmore, Gen,
Owyhee, Payette, Valley,
and Washington Counties.
Twin Falls Area
Claims handled by the
Pocatello Area Office
Area Covered: Blaine,
Butte, Camas, Cassia,
Custer, Gooding, Jerome,
Lemhi, Lincoln, Minidoka,
and Twin Falls Counties.
Pocatello Area Office
Frank W. Roeckner
Labor Compliance Officer
307 East Lewis
P.O. Box 4963
Pocatello, ID 83205-4963
Telephone: 232-5451
Area Covered: Bannock,
Bear Lake, Binghan,
Bonneville, Caribou, Clark,
Franklin, Fremont, Jefferson,
Madison, Oneida, and Power
Counties.
Coeur d'Alene Area Office
William O'Donnell
Labor Compliance Office
202 Anton Avenue
Coeur d'Alene, ID 83814
Telephone: 765-5579
Area Covered: Benewah,
Bonner, Boundary, Clearwater,
Idaho, Kootenai, Latah, Lewis,
Nez Perce, and Shoshone
Counties.
A GUIDE Y IDAHO LABOR LAWS
WAGE STANDARDS
Covered non-exempt workers are entitled to a minimum wage of not
less than:
$2.30 Per Hour--Beginning July 1, 1977
Idaho Law does not require overtime. Extra hours worked can be
paid at straight time.
WHO IS EXEMPT FROM THE IDAHO MINIMUM WAGE LAW?
The provisions of this law shall not apply to any employee
employed in a bona fide executive, administrative, or
professional capacity; to agricultural labor as that term is
defined in Idaho Code 72-1304; to anyone engaged in domestic
service; to any individual employed as an outside salesman; to
seasonal employees of a nonprofit camping program, or to any
child under the age of 16 working part-time or at odd jobs not
exceeding 4 hours per day with any one employer.
Contrary to some beliefs, all wage earners of Idaho come under
Idaho Code 44-1501 through 44-1509, except as mentioned in the
"exempt" section. However, the Federal "Fair Labor Standard Act"
requires that the minimum wage be $3.35 per hour effective
January 1, 1981. There are certain criteria that allows an
employer to come under the Fair Labor Standard Act.
Although the State of Idaho does not have an overtime law, the
Federal "Fair Labor Standard Act" does have such a law.
If there are any complaints concerning the above issues, they
should be addressed to the U. S. Department of Labor at one of
the following telephone numbers:
(208) 334-1029 (Boise)
(208) 523-5142 (Idaho Falls)
(503) 221-3057 (Portland, Oregon)
(206) 442-4482 (Seattle, Washington)
SUB-MINIMUM WAGE PROVISIONS
Learners and handicapped workers may, under certain
circumstances, be paid less than the minimum wage by authority of
Idaho Code 44-1505 and 44-1506. Employers shall make application
to the Department of Labor and Industrial Services for special
permits issued under these sections.
85
By authority of IDAPA 07.02.01.01.102.h.i-ii(a)-(f) of the Rules
and Regulations of the Department of Labor and Industrial
Services, trainees and student-trainees may work for their own
advantage on the premises of another without the requirement of
any wages being paid for such services if all six of the
following criteria are met:
1. the training, even though it includes actual operation of the
facilities of the employer, is similar to that which would be
given in a vocational school (such programs shall be
submitted to the Department of Labor and Industrial Services
for prior approval and such training shall not_ include
unskilled or semi-skilled jobs) ;
the training is for the benefit of the trainees or students;
the trainees or students do not displace regular employees
but work under their close observation;
the employer who provides the training derives no immediate
advantage from the activities of the trainees or students,
and on occasion his operations may actually be impeded;
the trainees or students are not necessarily entitled to a
job at the conclusion of the training period; and,
the employer and the trainees or students understand that the
trainees or students are not entitled to wages for the time
spent in training.
IDAHO LAW DOES NOT REQUIRE:
vacation, holiday, severance, or sick pay;
a discharge notice or reason for discharge;
rest periods, breaks, holidays off, or vacations;
premium pay rates for weekend or holiday work;
pay raises or fringe benefits;
a limit on hours of work for employees 16 years of age or
older.
These are matters for agreement between the employer and the
employees or their authorized representatives. However, if an
employer does agree to provide benefits to its employees, that
agreement may be enforceable through the Department. If there is
any change in policy, the employee must be notified prior to the
change, and benefits already earned or accrued cannot be taken
away.
TIPPED EMPLOYEES
Tips and gratuities cannot be considered to be part of wages by
definition of Idaho Code 44-1503. Under Idaho law, employees who
regularly and customarily receive tips must be paid no less than
$2.30 per hour over and above any tips received. Thus, even if
an employer falls under the Federal law and is entitled to claim
a tip credit, the actual wage shall not be less than $2.30 per
hour.
UNIFORMS
When uniforms are required by the employer to be worn by the
employee as a condition of employment, such uniforms shall be
provided and maintained by the employer. The term “uniform"
includes wearing apparel and accessories of a distinctive design
Or color. (A deposit may be required to ensure the return of
such uniforms to the employer upon termination of employment, at
which time such deposit must be refunded to the employee.)
[ IDAPA 07.02.01.01.102.h., Rules and Regulations of the
Department of Labor and Industrial Services]
EMPLOYER~FURNISHED FACILITIES
In defining and governing deductions and allowances for the
reasonable value of board and lodging:
"Board" shall mean food furnished in the form of meals ona
regularly established schedule.
"Lodging" shall mean housing facilities (available to him or her
at all hours of the day) wherein the employee sleeps, rests, and
may store his or her clothing and personal belongings as
hereinafter set forth, provided such board, lodging, or other
facilities are customarily furnished by such employer to his or
her employees and used by the employees and provided further that
such condition is made known to and accepted by the employee at
the time of hire.
Cash value of board and room:
-A-
Full beara and food, weekly. ccc vcccevevessvesss sf.
Meals per week.....ccecccce cevcces wTreTecricrr TT 40.00
ee a. PETER ERETECC ETS eoeeevces eevewwsees 2.00
LOGGing POF WOOK. .cccvccceves 62d awe cenedouweek ee eee
EDGGANG POE Glico cos cecccee eeuseuns cawceovevceces. BOO
&7
=-B-
In the case of restaurant employees (cooks, waiters, waitresses,
kitchen helpers, and miscellaneous help) the valuation to be
placed on meals shall be as follows:
Meals per day (or any part thereof)..........6.. $ 1.50
Meals per 6-day week.......... eeeceseoesecoeeeees 9.00
Meals per 7-GayY WEEK... cccccccccccccecescecsceese 10.50
In determining the value to be placed on lodging for said
hotel- and restaurant employees, the cash value as set out in
"A" on the previous page shall be used.
WAGE PAYMENT LAW
Idaho Code 45-609 through 45-613 requires payment of wages as
follows:
1. Employers must designate regular scheduled paydays at least
once during each calendar month.
2. Payment must’ be made in lawful money of the United States or
with checks on banks where suitable arrangements are made for
cashing.
3. The end of the pay period for which payment is made on a
regular payday shall be not more than seven (7) days before
such regular payday, provided that if the regular payday
falls on a non-workday, payment shall be made on a preceding
workday.
4. The Director of the Department of Labor and Industrial
Services May, upon receiving the employer's application
showing good and sufficient reasons, permit an employer to
withhold payment of wages for more than the seven-day period.
5. Every employer shall furnish each employee with an itemized
statement of deductions for each pay period such deductions
are made.
6. No part of an employee's wages may be withheld unless:
(a) the employer is required or empowered to do so by state
or federal law, or
(b) the employer has written authorization by the employee
for deductions for a lawful purpose.
160
&§
"Deductions for a lawful purpose" as used in item 6(b) above
shall mean deductions made for the benefit or convenience of the
employee, i.e., insurance premiums, payments to a qualified
pension plan, union dues, voluntary contributions, payments to a
credit union, or deductions made pursuant to a savings or bond
purchase plan.
No employer shall make any deductions from the wages of, or
require any refund from, an employee for any cash shortage,
breakage, or loss of equipment or merchandise, unless it can be
shown that the shortage, breakage, or loss’ is caused by the
dishonest or willful act or by the culpable negligence of the
employee and the employer can also show that he has the written
authorization of the employee for such a deduction.
PENALTIES
Idaho Code 45-606, provides as follows:
Whenever any employer of labor shall hereafter discharge or
lay off his or its employees without paying them the amount of
any wages or salary then due them within 48 hours after the
discharge or layoff, in cash, lawful money of the United States,
or its equivalent, or shall fail or refuse on demand to pay them
in like money, or its equivalent, the amount of any wages or
salary at the time the same becomes due and owing to them under
their contract of employment, whether employed by the hour, day,
week, or month, each of his or its employees may charge and
collect wages in the sum agreed upon in the contract of
employment for each day his employer is in default until he is
paid in full, without rendering any service therefor; provided,
however, he shall cease to draw such wages or salary 30 days
after such default.
The Director of the Department of Labor and Industrial Services
may, upon application showing good and sufficient reasons, grant
an employer an extension of the 48-hour period provided in this
section.
The Department will accept claims for such penalties for failure
to pay within 48 hours of the time of termination, up to a total
of $1,000 for both unpaid wages and the penalties.
DISCRIMINATORY WAGE RATES BASED UPON SEX--IDAHO CODE TITLE 44,
CHAPTER 17:
Complaints based on sex discrimination can be filed with the
Idaho Human Rights Commission.
AGE DISCRIMINATION: TITLE 44, CHAPTER 16 REPEALED--SEE
IDAHO CODE TITLE 67, CHAPTER 59.
Complaints based on age discrimination can be filed with the
Idaho Human Rights Commission.
-6-
101
89
RECOVERY OF BACK WAGES
An employee may file a complaint with the Department of Labor and
Industrial Services for recovery of back wages. Claims filed
with the Department are limited to $1,000 for each employee
{Idaho Code 45-615(1)].
Whenever the Director of the Department determines that an
employee has a claim for wages he may, upon the written consent
of the employee, take an assignment of the claim in trust and may
maintain any proceeding appropriate to enforce the clain,
including additional fixed damages.
Any judgment for the employee in a proceeding pursuant to the
Wage Collection Law shall include all costs reasonably incurred
in connection with the proceedings, and the employee shall be
oentitled to recover from the employer, as damages, three
(3) times the amount of unpaid wages found due and owing.
WAGE CLAIM PROCEDURE
The following is an explanation of the wage claim procedure and
an explanation of the approximate period of time that each step
in the procedure will take:
15 DAYS: Filing Procedures--An employee who is denied full
payment of wages due and owing by an employer may file a wage
claim with the Department on a form provided for that purpose.
The completed claim shall be accompanied by copies of all
documents which the employee wishes to have considered in support
of his clain. Upon receipt of the completed wage claim by the
Department, the employer's copy and copies of the documents, if
any, submitted by the employee, together with a blank employer
answer form anda letter of instruction, will be sent by regular
mail to the employer's last known address. The employer shall
have 15 days from the date of the postmark to answer such claim
and such answer’ shall be accompanied by copies of all documents
which the employer wishes to have considered in support of its
answer.
The Department may thereafter issue a Predetermination based on
the statements in the claim, employer answer, and any documents
submitted by either party. Such Predetermination shall be sent
to the parties in the same manner as other Determinations and
shall indicate that if either party is not satisfied with the
Predetermination they have the right to request a hearing on the
Claim. P
10 _ Days: If no hearing is requested within 10 days of the date
of the postmark of the Determination, such Determination shall
become final.
12
90
15 DAYS: The Department may also, in lieu of such Determination,
Prior to hearing, forward a copy of the employer's answer to the
employee, together with a letter of instruction. The employee
shall have 15 calendar days from the date of the postmark to
accept such answer as final or to request an investigatory
hearing.
In all cases where an employer's answer is not received within
the time limit stated, and no Determination is issued prior to
hearing, the employee will be notified by regular mail that he
must notify the Department in writing if he desires the
Department to schedule a hearing dealing with the wage claim.
The purpose of the hearing is to determine the merits of the
claim.
Under the provisions of IDAPA 07.02.01.01.I (907e), all costs
incurred by reasons of any party's non-appearance may be assessed
against such non-appearing party, and no proceeding or action
shall be entertained on behalf of the non-appearing party by the
Department until such assessed costs are paid. An assessed cost
can be as high as $200.00 and can _ be processed through any
competent court of jurisdiction.
10 DAYS MINIMUM: A minimum of 10 days is required by law to
notify both parties of the time and place set for the hearing.
At the sole discretion of the Department, hearings may be
conducted by telephone. The hearing notice shall specify how the
hearing is to be conducted. If either party to the proceeding
has documents which it wishes to have considered at the hearing,
it shall provide the original of such document to the Department
at least seven days prior to the hearing. Any documents that are
submitted to the Department must also be submitted to the
opposing party. Each party is responsible for his or her
document distribution. The hearing officer shall rule on the
admission of such documents, setting a time and place, or for
production of documents, setting a time and place for production
of the documents prior to the hearing.
14 DAYS: After the Determination is made, both parties have
10 days from the postmark to appeal the decision. The
Department allows 14 days, which includes mail time. If there is
an appeal, the time frame will be considerably longer if a
rehearing is granted for either party.
14 DAYS: If the award is made in favor of the employee and the
employer does not pay, and the appeal time has expired, the wage
claim will be turned over to. the Department's Special Deputy
Attorney General who will send a letter of demand, demanding the
wages and informing the employer of the legal action that will be
taken if we do not receive payment of the wages within 10 days of
the date of the letter; the 14 days include mail time.
91
14 DAYS: If the employer does not, within 14 days, pay the wages
due based on the letter of demand, our attorney will file a
complaint in the court and request the issuance of a Summons.
Preparation of the paperwork by the office and the issuance of
the papers by the Clerk of the Court can take as long as
14 days. The papers are generally filed and issued by the Clerk
of the Court in the county where the employer resides.
30-45 DAYS: Once we receive the Summons back from the Clerk of
the Court, the original and copies of the Summons and Complaint
are forwarded to the county sheriff, of the county where the
employer resides, to be served. The location of the employer and
service of the paper can take as long as 30 to 45 days or more,
under normal circumstances.
Once the papers have been served, the employer has, as in any
civil action, 20 days to file with the court a formal response to
the Civil Complaint.
If the employer files a response, the Department's attorney will
keep you informed of the status of your claim and what steps are
being taken to resolve your claim.
25 DAYS: If the employer does not file a formal response to the
Complaint with 20 days of being served with the papers, this
office will prepare and send papers to the Clerk of the Court
requesting the Court to grant a judgment against the employer of
three times the amount of the wages (based on the
Determination). This is called a "treble damage" judgment.
Note: Judgments on claims for penalties under Idaho Code 45-606,
are for single damages (the amount awarded on the Determination).
14 DAYS: The process of receiving the judgment from the court
can take 14 days or more. These papers are reviewed and signed
by the judge assigned to the case.
14 DAYS: Once we have received the judgment, we will then submit
a Writ of Execution to the court for issuance. This document
will be sent from our office to the sheriff for execution. This
document gives the sheriff's office the authority to attach
assets belonging to the employer to satisfy the judgment.
The judgment is valid and enforceable for five years from the
date of issue and can be satisfied any time during that period.
10 DAYS: If at any time during the wage collection process we
receive payment of ,the employee's wages, if the same is made by
check, we are required to submit it to the State Auditor's Office
who will then send the check through the employer's account.
Once we have been notified by the Auditor's Office that the check
is valid, or if cash has been paid, we will then instruct the
164
92
Auditor's office to issue a state check in the employee's name.
This process can take as long as 10 additional days. When we
have received the state check in the employee's name and have
received signed receipts from the employee, the money will be
disbursed. These two items cannot be altered. We are required
to submit payments made by employers to the Auditor's Office.
There are numerous’ reasons for this, with the primary one being
the establishment of an audit trail for future audits of the
Department.
There are many items which can affect the time-frames presented.
Some of those items are whether or not the employer disputes the
employee's claim; whether or not we are able to locate the
employer for service of papers, notice of our claim, and/or
notice of the administrative hearing; whether or not settlement
proceedings are instigated by either party; and whether or not
the employee's claim went to judgment.
If the employer needs to be located, it is the employee's
responsibility to provide information on the employer's
whereabouts. The Department does not have the investigative
personnel to provide this service.
NOTE: There is no immediate payment through the Department of
Labor and Industrial Services. We are obligated by statute to
follow due process of law, as outlined in Idaho Code Title 45,
Chapter 6.
If the employee does not wish to use the _ services of this
Department, he or she can seek to recover wages either through
Small Claims Court, if the employee qualifies, or through the
court system with an attorney, or on the employee's own, if he or
she feels comfortable in doing so.
ADDITIONAL INFORMATION
Child Labor Laws--Local Truant Officer
Superintendent of Schools
U. S. Wage and Hour
Boise telephone number: 334-1029
Idaho Falls telephone number: 523-5142
Other Idaho labor laws affecting the rights of employers and
employees: Human Rights Commission, telephone number 334-2873.
COMPLIANCE WITH THESE LAWS. DOES NOT EXCUSE NON-COMPLIANCE WITH
OTHER FEDERAL OR STATE LAWS OR LOCAL ORDINANCES WHICH ESTABLISH
HIGHER OR MORE RESTRICTIVE STANDARDS.
If you have any questions concerning the information in this
pamphlet, please feel free to contact the Department of Labor and
Industrial Services at any of the Area Offices.
10) 2.
93
PPENDIX |
%
r 1010 and Form WH 222
>» lear a | , a 4 A len +
Form for Measuring Worker Productivity and Appiication
' ; ates es — < sf
for Handicapped Worker Certificate
lv
94
FORM 9010
RATING FORM FOR MEASURING PRODUCTIVITY OF HANDICAPPED WORKER PAID AT HOURLY RATE
(Worker is to be rated at least once every 6 months)
Neme of
Worker on
Period of Date of hale
Rating From Through ’ Employment ,
HOW TO DETERMINE RATING
Enter for each factor below the numerical rating which reflects the handicapped worker's performance as
comperred with the performance that would be expected of an average nonhandicapped worker. The level for
norhendicapped workers should be considered as 100 percent.
Rating Groups O - 20% 21 - 40% 41 — 60% 61 - 80% g1-99% | 1004
: rar Below Well Below Significently| Approzches :
Factors — Generally Averege Stan— |Averege Stin—- /|Below Average| Average poate ah
Rated F ar Unacceptable jd-rds for dcrds for Standards for} Standards toiunk aileas
er Industry Industry Industry for Industry |, rid
Quartity of
Work 90p
Quality of
Work | 10p
COMPUTATION OF RATED WAQE
(A) .90* X Reting for Quentity of Work = (B) .10* X Rating for Quality of Work »
(C) Total of (A) + (B) Above «= (D) Prevailing Industry Wage** for Job Rcted «
(E) Product of (C) X (D) Above -« (Rated Wage)
*These figures are decimilized expressions of the weights 90% and 10% respectively,
**Frevailing Industry Wage is the hourly wage peid average ROMER Epper wormers in industry in the
vicinity for essentially the szne type of work.
poe
cp
“a
1U0¢
95
Form Approved
OMI No 44-RO0423
US DEPAR NT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION r FOR AGENCY USE ONLY
WAGE AND HOUR DIVISION pe -
AGE | ORIGINAL [_}
EMPLOYMENT. STANDARDS ADMINISTRATION OTHER |] RENEWAL [_]
4097 FEDERAL OFFICE BUILDING WH-242 Pim ees
909 FIRST AVENUE on file DENIED |
SEATILE, WASHINGTON 98174 RATE FROM TO
APPLICATION FOR HANDICAPPED WORKER CERTIFICATE
INSTRUCTIONS: ALL ITEMS SHOULD BE COMPLETED.
This is on APPLICATION FORM ONLY (not o permnit or certificote) used in opplying for a subminimum wage certificate for
o hondicopped worker under the Fair Labor Stondords Act, Walsh-Healey Public Contracts Act, andor Service Contract Act
(SCA) If the worker will be employed on an SCA contract of more than $2,500, supply on o seporate sheet of paper attachec
to this application: Name of the prime controctor, contract number, dotes of award and expiration, amount of the contract,
applicable SCA wage determinations (including fringe benefits), type of service to be performed, and governmental agency
nome and location ie which the service controct will be performed.
b. Four copies of this form are to be completed and then signed by both the employer and the handicapped worker. The em-
ployer should send the original and one copy of the completed form to the address shown above, give one copy to the
worker, and keep one for his her own files
INFORMATION ABOUT EMPLOYER
a
1 Name of firm 2 Date of application
tu Address inc Tuding ZIP Code, of establi Jament where worker will be employed 3b. Area Code and Telephone Number
4 (a) Type of business
(Examples: retailing. wholesaling manufacturing. processing, miscellaneous business services, etc )
(b) Type of products of services
(Examples: men's and boys
INFORMATION ABOUT HANDICAPPED WORKER
' clothing. seafood, hosiery, cigars mail advertising etc )
S Name of worker 6 Date of birth 7. How long employed | 8 How long at present job?
Mr by firm?
Mrs
Miss
Q Home address, including ZIP Code. of worker
0 Amount firm proposes to guarantee worker in:
per hour
(a) Cast
per hour (See Reg, 29 CFR Part 531)
(b) Reasonable cust of lodging board or other facilities, if furnished
(c) How long hus proposed rate been in effect for this worker?
1) Occupation in which worker is to be employed (Describe if job tithe is not self-explunatoury)
12 Nature of worker's disability
(Do not use vague statements such as =
fe oe 46
nervous slow etc )
(a) Desecnbe in FULL
(b) Obvious | } Not obvious | | (Check one )
(If disability ts not obvious, w Report of Medical Examination Form WH-242 should be completed by # physician and
For u renewal application submit Form WH-242 only when requested )
accompany this application
(OVER » THE REVERSE SIDE OF THIS FORM MUST BE COMPLETED)
Form WH-222 (Rev. Jon. 1975)
109
INFORMATION ABOUT EARNINGS
Note:
Trem 11
The information requested below must be properly completed to determine the certificate rote.
be token on this application unless all the requested information is furnished.
Action cannot
Seisiedunbiahianemis ae aiciecnlibataals igiecineicteciileciineotieiapetion, ecieennirnnaeneesiianieionns =
13) (a) NONHANDICAPPED employees in establishment during most recent week doing same type of work as described under
(1)
NUMBER OF SUCH
EMPLOYEES
(If none so state)
ST
(2)
RAIGHT-TIME AVERAGE
HOURLY EARNINGS
(Excluding make-up)
4 Time work Piece work
Tee Lee
(d) If the make-up paid reported in 13(ay 3) and 13(a)(4) above is the result of unuSual circumstances explain
(3)
NUMBER PAID MAKE-UP
TO EQUAL STATUTORY
MINIMUM
(If none, so state)
(4)
AVERAGE MAKE-UP
PER HOUR
(Divide total make-up
by total hours worked
by employees
paid make-up)
14. Handicapped worker’s earnings for most recent 4 weeks he or she worked for the employer
ho =
(c)
STRAIGHT- TIME
AVERAGE HOURLY EARNINGS
(Excluding make-up)
(d)
MAKE-UP
PAY
(Total for week
Time work Piece work
added to equal
authorized min-
imum. If none,
so State )
(e)
OVERTIME
PAY
(Total paid for
week over and
above straight-
time eamings)
(h
WEEKLY
EARNINGS
(Total gross
eamings for
week )
(@) (b)
WEEK HOURS
ENDING WORKED
(Date) (Total
for
week)
: ee |
ba ae — - —+-—-+4
occupation
EEE
15 If worker hus been employed during the above 4 weeks in an occupation other than that described in Item 11, specify
SIGNATURES OF EMPLOYER AND HANDICAPPED WORKER
lo I certify that to the best of
my knowledge and belief all
Statements are true and ac-
curate
Signature of employer or authorized official 17
Print or type name and official
tide
18 I have read the statements in
this application and ask that
the requested certificate be
granted
aaa
Signature of handicapped worker (if worker cannot write, signature may be made by mark
(X) and witnessed by another person.)
19° Witness
workers signature is made
by murk (X) )
(Required ONLY if +
Signature of witness
DO NOT WRITE IN THIS SPACE
FOR AGENCY USE ONLY
fu.s.
GOVERNMENT PRINTING OFFICE:
1976-621-736/5933
96