1. Legal Issues and Labor Laws Work-Based Learning Workshop

2. Affirmative Action  Civil Rights Act of 1964 prohibits discrimination by employers and educators on the basis of race, color, religion, ethnicity, gender, national origin, age, disability, marital, or veteran status.  Employees are also protected by law from retaliation if they complain about discrimination or participate in an Equal Employment Opportunity Commission (EEOC) investigation or lawsuit.

3. Americans with Disabilities Act (ADA)  The Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability in public services, employment, public transportation and accommodations, and telecommunications.  Four basic requirements for WBL:  General Concerns.... (e.g., facilities)  Auxiliary Aids.... (e.g., TDDs devices)  Physical Barriers.... (e.g., ramps)  Employment.... (e.g., hiring)

4. Individual with Disabilities Education Act (IDEA)  The Individual with Disabilities Education Act (IDEA) of 1975 ensures that all students have the opportunity to experience available and appropriate educational activities, along with the necessary resources to ensure academic success.  IEP adherence required

5. Confidentiality and Privacy Federal Family Rights and Privacy Act protects student records and information from public disclosure. To release information, permission must be obtained from the legal guardian. Student/employee documentation provided by the student, him/herself, may be shared with a potential employer. Student/employee school records (e.g., grades) may NOT be shared with an employer without express permission of the legal guardian.

6. Licensure and Certification Employers rely upon the legal licensing agency for assurance that a practitioner is qualified in the field. Standards pertaining to education, experience, and personnel qualifications are determined by the professional society, usually in cooperation with the auxiliary group that is subject to the certification procedures.

7. Sexual Harassment There are two basic types of sexual harassment: quid pro quo (something for something) and hostile environment. Sexual Harassment may include:  Discussing sexual activities  Unnecessary touching  Commenting on physical attributes  Unseemly gestures  Crude and offensive language  Displaying sexually suggestive pictures  Ostracism of workers of one gender or another  Giving job favors to employees who participate in consensual sexual activity.

9.  Physical or verbal conduct relating to an individual’s race  Creates an intimidating, hostile, or offensive work or academic environment ▪ One sufficiently severe incident may establish a racially hostile environment  Substantially or unreasonably interferes with an individual’s work or academic performance

10.  Assigned at birth  Needed  When student is placed on a job site  Required to fill out a W-4 form.  Employer’s requirements  Give a copy of the student’s W-2 to the student for tax filing purposes

11.  Most student are entitled to provisions of the Social Security Act  Exceptions  Does not provide coverage for children under 21 years of age who are employed by their parent  Students currently receiving SS Benefits may earn up to a certain amount of money per year ▪ Students sign a document stating they are aware of this fact ▪ Students inform you if they receive SS benefits

12. The Occupational Safety and Health Administration (OSHA)  Federal agency within the Department of Labor  Sets and enforces standards for safe and healthful working conditions for all workers  May require specific workplace conditions or the use of specific practices, methods, or processes  Every employer with one or more employees engaged in a business affecting interstate commerce  Conditions free of recognizable hazards causing, or likely to cause, death or physical harm  Responsible for familiarity with standards ▪ That apply to their facilities ▪ Ensure a safe work environment.

13.  Work-Based Learning Placements  Training in safety and health protection is particularly important ▪ Assuming new duties and responsibilities. ▪ Most effective when incorporated into job performance training  Employer responsibility under the law ▪ Properly supervise employees in the conduct of activities that pose a foreseeable risk of injury. ▪ Training Agreement  Assume responsibility for supervising a WBL student’s on-the-job activities ▪ Training Plan  Ensure safety training is included, especially for YAPs

14.  Generally, the party responsible for transportation is also liable for injuries that occur while a student is being transported  Going to and from a job is considered part of one’s "work“ ▪ May be covered by the employer’s workers’ compensation insurance.  Employer-provided transportation  Bear the risk for the time that the student is under their supervision  School-provided transportation  School’s normal insurance coverage also typically covers the students  Student-provided transportation  Individual family insurance covers accident risks ▪ Student who drives to work is actually moving from one school location to another (the WBL site)

15. Work-Based Learning Coordinators  Encouraged to consider including a waiver or permission form in the application packet  Ensure that both the student and parents understand

17. Regulates four areas:  Minimum wage  Overtime  Equal pay  Child labor

18. Apply to employers engaged in interstate commerce Apply to businesses with annual sales of more than $500,000 Few businesses do not fall under FLSA regulations WBL Coordinator should assume student worker subject to FLSA regulations

19.  FLSA requires payment of federal or state minimum wage – whichever is higher  Minors paid at least minimum wage & overtime if applicable  Wages subject to taxes

20. Jobs paying tips/gratuities entitled to lesser minimum wage Overtime equals time and a half the regular rate after 40 hours worked Equal pay for equal work applies

21. $7.25 per hour

22. Many FLSA regulations Contact Department of Labor for Child Labor booklet WBL Coordinators should be familiar with Child Labor Bulletin 101 & Child Labor Bulletin 102

24. Youth Minimum Wage Program  Youth minimum wage of $4.25 per hour  Permitted for the first 90 days or 20 th birthday ▪ Whichever comes first Student-Learner Program  Certificate obtained from DOL allows payment of not less than 75% of the minimum wage  Must be at least 16 years old  Enrolled in career education ▪ Allowed as long as student is enrolled in the career education program

25. The U.S. Department of Labor Employment Standards Administration  Provides for the payment of not less than 85% of the minimum wage to people aged 16 or older who are:  Student learners in a vocational training program as defined in Title 29, Section 520 of the U.S. Code of Federal Regulations  Full-time students working in retail or service establishments or in institutions of higher learning where they are enrolled  Students with disabilities participating in CTAE

26. Must be obtained by workers under the age of 18  Form DOL-4102  Student keeps the card  Give employer original Employment Certificate and copy of card  Employer keeps copy of ID card as long as the minor is employed  Obtain work permit from school or BOE

27.  Minor must be at least 14 years old to be employed  Specific occupations  limited time each day and week  Age 16 is minimum age for employment in any occupation that is not declared hazardous by the U.S. Secretary of Labor  Age 18 is considered an adult worker

28.  Fair Labor Standards Act (FLSA)  Employers must keep date of birth on file for each employee under the age of 19 ▪ Federal certificate of age ▪ State certificate ▪ Work permit

29.  Work Experience and Career Exploration Program (WECEP)  offers exceptions to the child labor regulations that allows 14- and 15- year olds to be employed in otherwise prohibited circumstances ▪ http://www.dol.gov/elaws/esa/flsa/docs/wecep.asp http://www.dol.gov/elaws/esa/flsa/docs/wecep.asp

31.  Some states limit the number of hours and times of day a student under 18 years of age can work in a single day or week

32. THE HOURS MINORS MAY WORK Outside school hours No more than 3 hours on a school day No more than 18 hours in a school week No more than 8 hours on a non-school week No more than 40 hours in non-school weeks Between 7:00 am and 7:00 pm Exception Between June 1 and Labor Day, students may work as late as 9:00 pm

33.  HO1 – Manufacturing and storing explosives  HO2 – No motor vehicle driving  HO3 – Coal Mining  HO4 – Logging and saw milling  HO5 – No power-driven woodworking machines/saws

34.  HO6 – No exposure to radioactive substances  HO7 – No power-driven hoisting devices (fork lifts, cranes, non-automatic elevators)  HO8 – No power-driven metal forming, punching, and shearing machines.  HO 9 – No coal mining or work at gravel pits  HO10 – No power-driven slicers/no slaughtering, meatpacking, processing, or rendering

35.  HO11 – No power-driven bakery machines  HO12 – No power-driven paper-products machines, or paper balers  HO13 – No manufacturing of brick, tile, and kindred products  H014 – No use of circular saws, band saws, and guillotine shears

36.  HO15 – No work involving wrecking, demolition, and ship-breaking  HO16 – No roofing operations  HO17 – No excavating (including work in a trench as a plumber)

37.  Hazardous Occupations for 14 and 15 year olds  Cooking (except at lunch counters and snack bars and within view of customer)  Manufacturing, mining, processing  Most transportation jobs  Warehouses and workrooms  Construction jobs (except for office work)  No hoists, conveyor belts, power-driven lawnmowers, & other power-driven machinery

38.  HO5, HO8, HO10, HO12, HO14, HO16, & HO17 permit employment of student learners under certain conditions  All hazardous work will be performed under direct and close supervision  Safety instructions given by school and reinforced by employer  Job training follows organized and progressive skills development  Work is for short/intermittent periods under close supervision

39.  Imperative for WBL coordinators to have and to keep on file, a written training agreement signed by all parties  Occupation limitations strictly enforced for 14 and 15 year olds (with NO exceptions)

40. GROUP 5

41.  Ensure safety training is provided at workplace  Include signed documentation (Safety Training Agreement) of completed training in WBL student file

42.  Employers cannot discriminate against individual’s origin or citizenship status  Review employment eligibility and/or I-9 and with appropriate students  I-9 must be completed and retained by employer

43.  Employers  Must provide Workers’ Compensation ▪ Covers medical expenses and lost income for student employees on the job.  Paid or nonpaid “workers” under State or Federal laws receive Workers’ Compensation  “Observers” would not receive Workers’ Compensation

44.  UI is deducted from an employee’s check  Students may or may not be eligible for benefits  Minimum time employed?  If student is terminated ▪ He/She should visit DOL to check UI eligibility

45. Is not prohibited by State law Should be STRONGLY discouraged as a WBL placement  Seek alternative placement

46. WBL placement with family is not recommended May be considered  If training site is a legal business  Supervision must be provided by non-family member

47. Group 6

48. Parent, student, and WBL coordinator all agree site is appropriate Placement is free from gender or sexual discrimination Site has safe and adequate parking Door-to-door sales avoided Commuting distance should be minimal

49. Businesses with history of crime-related incidents avoided Placements in high-risk occupations carefully monitored Adequate training and support available Adequate supervision at all times

50. Students have the right to refuse work task and conditions Students have the right to file complaints with DOL. Students are entitled to workers’ compensation. (NIOSH Publication No. 2003-128)

51.  Discuss the incident with supervisor  Discuss the situation with the WBL Coordinator  Procedures end if all parties are satisfied.

52. File a formal written grievance with principal or school administration File a formal written grievance with system superintendent File a formal written grievance with the DOL

53.  Students should have realistic expectations of the workplace.  WBL Coordinators will develop & communicate a grievance/complaint process.  For use if a student is dissatisfied with training or supervision received.  If student feel harassed on the job  For use if an employer is dissatisfied with student.

54.  Signed parties  Student  Parent representative  Employer  WBL Coordinator

55. Restriction- Minimum Age for Employment 14 years of age –Federal Restriction- Employment Certificate Required 17 years old and younger must have work permit- State Restriction- Maximum Hours of Work for 15 years Old and Younger 3 hours (school day) 8 hours (non-school day) 18 hours (school week) 40 hours (non-school week) No work during Normal school hours Before 7 am After 7 pm Evening hours extended to 9 pm (June 1 through Labor Day) - Federal

56.  Restriction- Banned Hazardous Occupations for 17 years old and younger  Manufacturing and storing explosives; motor vehicle driving and outside helper; coal mining; logging and saw milling; power-driven woodworking machines; exposure to radioactive substances; power-driven hoisting apparatus; power-driven metal-forming, punching, and shearing machines; mining; slaughtering; meat-packing, processing or rendering; power-driven bakery machines; power-driven paper products machines; manufacturing brick, tile, and kindred products; power-driven circular saws, band saws, and guillotine shears; wrecking; demolition, and ship-breaking operations; roofing operations; excavation operations - Federal

57.  Alcoholic Beverage Restrictions  17 and younger may not dispense, serve, sell or take orders for alcoholic beverages  EXCEPTION ▪ Where alcohol is sold for consumption OFF the premises ▪ Local law may be more restrictive - State

58.  Restricted- Prohibited Occupations  15 years and younger- STATE: Machinery; motor vehicles; equipment; food process; fixtures; railroads; unguarded gears; vessels or boats; dangerous gases or acids; communication or public utilities; freezers; meat coolers; loading and unloading trucks, railroad cars, conveyors, etc.; warehouses; scaffolding or construction; mines, coke breaker, coke oven, or quarry. FEDERAL: Manufacturing; mining; public messenger service; construction; work in/about boilers or engine rooms; cooking; (Includes power mowers or cutters - including weed eaters).

59.  Restriction - Minors in Entertainment  17or younger requires special application and certificate of consent  Certificate of consent must be issued by Georgia Child Labor Section prior to minor beginning work - State

60.  Restriction- Teen Driving Rules  Sixteen-year-olds may not drive at all on public roadways, but may on dealership property.  Seventeen-year-olds may drive on public roads while on the job, if they: ▪ Hold a valid state driver’s license ▪ Have completed a state-approved driver education course ▪ Are instructed that seat belts must be used ▪ Have no record of a moving violation at the time of hire  Motor vehicles being driven must: ▪ Not exceed 6,000 lb. gross vehicle weight ▪ Be equipped with a seat belt ▪ Not be used for towing vehicles  Driving is permitted if it is ▪ restricted to daylight hours and within a 30-mile radius of the place of employment; and Occasional and incidental (i.e., no more than 1/3 of an employee’s worktime/day nor more than 20 percent of an employee’s worktime/week).

61.  Restriction- Teen Driving Rules  Seventeen-year-olds may not be employed as delivery or shuttle drivers, but may make limited daily trips for delivery and passenger transport: ▪ Up to 2 trips/day delivering goods to customers, but vehicle deliveries are not subject to this limit; transport of up to 3 passengers, including employees, with the transport of non-employee passengers limited to 2 trips/day; and certain deliveries are prohibited, including route deliveries or sales, urgent, time-sensitive deliveries, or the for-hire transportation of property, goods, or passengers. Urgent, time-sensitive deliveries are trips which, because of such factors as customer satisfaction, the rapid deterioration of the quality or change in temperature of the product, and/or economic incentives, are subject to time-lines, schedules, and/or turnaround times which might impel the driver to hurry to complete the delivery.

62. Note: Minors working for a parent/guardian who owns the business are exempt from all but the hazardous/prohibited occupation restrictions.