Q. Are churches acceptable work sites? (5/13/09)
A. Yes, churches and other places of worship are acceptable work sites. However, the job may not be religious in nature. An example of an acceptable job at a place of worship would be mowing the lawn. An example of an unacceptable job at a place of worship would be working as a counselor at a church summer camp.
Q. Can we use ARRA money to buy computers for the resource room? (5/7/09)
A. Yes
Q. Who is the employer of record? (5/7/09)
A. The county… or the youth provider, if the county has contracted out summer youth employment.
Q. Can a youth provider sub-contract out the payroll function? (5/7/09)
A. Yes, if that is allowed by your contract with the youth provider
Q. Can the One-Stop be a work site for work experience or would that be public service employment? (5/7/09)
A. Yes, the One-Stop can be a work site Work experience is a learning opportunity for the participant, not employment.
Q. Can we have a clarification on Public Service Employment? It appears adults in supervisor positions will not be considered "Public Service Employment" so long as they do not cut down trees; only supervise. So are the youth working cutting down trees doing "Public Service Employment"? (5/7/09)
A. Public Service Employment is defined in WIA Transmittal Letter #16. The crew leader position as contained in the final Recovery Conservation Corps document is a program operations role. The crew leader may not cut down trees, paint, or perform the other work experience activities in the ODNR work site matrix (located at http://jfs.ohio.gov/workforce/workforceprof/Stimulus_Activities.stm). Their primary duty is to ensure that the youth is acquiring work skills and to make sure that the youth remain safe. The primary beneficiary of work experience is the youth who is acquiring skills. Under public service employment, the primary beneficiary is the public entity. Under WIA Transmittal Letter # 18:
The primary intent of the work experience element is to provide youth participants with opportunities for career exploration and skill development to gain work readiness skills in preparation for employment. Youth should acquire personal attributes, knowledge, and skills needed to obtain a job and advance in employment. Although an employer may also receive some benefit from work experience in the form of work being done or recruiting a potential new employee, the primary goal of work experience is to benefit the participant.
Additionally, this transmittal letter states
"Work experience may be conducted in the private-for profit, private non-profit and public sectors."
Q. Is the YMCA an acceptable work site (since there is a pool on the grounds) as long as the job duties have nothing to do with or around the pool? (5/7/09)
A. Yes, as long as the job duties are not around the pool.
Q. Can we purchase fidelity bonds for ex-offenders or participants with poor credit? (5/7/09)
A. Yes, this is an allowable expense provided it is part of the area’s Supportive Services policy and without the bond, the participant would be unable to secure employment. Please see an example our most recent supportive services policy for the Wilmington NEG in Workforce Investment Act Policy Letter No. 08-05.1.
Q. How long is the statute of limitations on using work sites for jobs that were previously laid off? (5/7/09)
A. We don't know. The state has asked DOL, but they have not received an answer. ODJFS's advice is to err on the side of caution and stay away from these work sites.
Q. With the ODNR project, is the ban on placing youth in laid off position waived? (5/7/09)
A. No. The work experience activities defined in the final Recovery Conservation Corps documents have been carefully selected by ODNR and do not pertain to any prior layoffs that have occurred at that state agency.
Q. Is union concurrence still required for the ODNR project? The last few years, we have been unable to use parks as work sites for this reason. (5/7/09)
A. WIA section 181(b)(2)(B) provides that activities carried out with funds under Title I of WIA must not impair collective bargaining agreements and that no activity inconsistent with the terms of a collective bargaining agreement may be undertaken without the written concurrence of the labor organization and employer concerned.
ODNR is currently in discussion with the union and made the commitment during May 1st video conference that they provide the union concurrence documentation to the WIA Areas prior to the start of work experience activities at the ODNR web sites.
Note: separate concurrence will have to be obtained for positions not covered in the ODNR document.
Q. Are youth experience wages subject to garnishment (i.e. child support, court fines, etc.)? (5/7/09)
A. We don't know. ODJFS sent this question to Legal and we are awaiting an answer.
Q. Does performance in Adult/DW work experience count towards performance or does the same youth work experience-only performance exemption apply to Adults and DWs? (5/7/09)
A. Adult and Dislocated Worker work experience does count towards performance. The change for youth was authorized in TEGL 14-08.
Q. Would it be allowable to use ARRA funds to upgrade the One-Stop's capabilities with fiber optics (so customers can enjoy a faster Internet connection)? (5/7/09)
A.Sec. 667.220 What Workforce Investment Act Title I functions and activities constitute the costs of administration subject to the administrative cost limit:
(5) Costs of the following information systems including the purchase, systems development and operting (e.g., data entry) costs are charged to the program category:
(i) Tracking or monitoring of participant and performance information;
(ii) Employment statistics information, including job listing information, job skills information, and demand occupation information;
(iii) Performance and program cost information on eligible providers of training services, youth activities, and appropriate education activities
Q. When hiring Adult and Dislocated worker crew leaders, does unemployment have to be paid? (5/12/09)
A. Yes, the crew leader is an employee of the program operator and unemployment compensation must be paid for this individual.
A. In the final Recovery Conservation Corp. document, this may be paid for out of Statewide funds and the amount should be included in the RCC Statewide funds application.
Q. If we pay supportive services such as home utility payments for a participant, can it legally be recaptured if they don't spend it how it was intended? (5/12/09)
A. The county prosecutor needs to determine the enforceability of recapturing payments from a participant. Please contact an attorney to create a legally enforceable agreement with the participant for such matters.
Q. Can we do friendly transfers of stimulus funds between our counties? (5/12/09)
A. The WIA Area Board has full authority over funds received. The state does not allocate funds to the counties within Area 7 and the WIA law does not prescribe formula allotments to the counties.
A. WIA areas can obligate, de obligate, or transfer funds among counties.
Q. Can we pay for staff training out of the stimulus money? (5/12/09)
A. Staff training is an allowable expense for formula or stimulus WIA funds.
Q. Is it ODJFS's recommendation that 70-80% of the youth money be spent on wages? (5/12/09)
A. ODJFS is not mandating or recommending that a certain percentage be spent on work experience wages. ODJFS is creating policy to ensure that WIA Stimulus funds are spent "expeditiously" pursuant to TEGL 14-08. WIA Areas are encouraged to determine the best use of the stimulus funds within their communities and make it an integral part of the ongoing youth program strategies.
Q. Can we use ARRA money to pay for equipment or other costs of a virtual hospital? (5/12/09)
A. The cost of training equipment (i.e. virtual hospital) are part of an institution's training cost to the WIA Area and should be purchased by the training provider, nor WIA.
Q. When will we be able to use SCOTI to input the 22-24 year-olds? (5/12/09)
A. ODJFS Office Information Security is currently working on updates to SCOTI. The proposed implementation is June 2009.
Q. Can we pay for drug testing and background checks for youth participants out of the stimulus money? crew leaders? youth provider staff? (5/12/09)
A. Drug testing is NOT an allowable formula or stimulus WIA funds allotted to the WIA Areas. Drug testing is only allowable using Statewide funds.
A. For the Recovery Conservation Corps project, drug testing is an allowable expense for the crew leaders only and may be part of the application for Statewide funds for this project.
Q. Can counties donate their work site equipment to the state parks or local municipalities or townships at the end of summer? (5/12/09)
A. No. Any equipment purchased with WIA funds must remain the property of the WIA Area (One-Stop) pursuant to the Uniform Administrative Requirements § 97.31 real property, including the legal disposition of the equipment under the applicable regulations.
Q. If we're working with a community college to expand classes (i.e. add another LPN class), must that be procured? (5/12/09)
A. If you serve additional participants via the ITA using the Eligible Training Providers, then procurement is not required.
A. If the WIA Area (One-Stop) purchases a "training class" then the applicable procurement requirements from Fiscal Administrative Procedure Letter #2 applies.
Q. If we're working with a community college to develop curriculum for a whole new class (i.e. windmills), must that be procured, regardless of ETPO status? (5/12/09)
//A. Development of new curriculum is paid for by the community college. The expense of this curriculum development is typically passed on to the WIA Area via higher tuition costs. //
A. If the WIA Area wants to develop new curriculum in the form of customized training must be procured.
Q. Curriculum development addressed in TEGL 14-08 (5/12/09)
A. Page 6: As part of the contract, the institution of higher education or eligible training provider could develop curriculum for emerging sectors and enhance the capacity of the institutions to ensure quality training within limited time frames. As such, the development of curriculum by institutions of higher education can be considered a training activity under WIA, if it is developed in the context of providing training to WIA participants. To be consistent with the timely spending of Recovery Act funds, curriculum activities should focus on adapting existing or creating new curriculum that will result in a short-term increase in training capacity, rather than long-term curriculum development activities.
Q. Can I purchase a vehicle to transport summer youth to and from their work sites?
A. Leasing vehicles for this purpose is the only option available. Many Areas are working with their school systems to lease school buses for this purpose.
Q. Does Area 7 plan on using stimulus funds to award contracts to community colleges?
A. Area 7 encourages counties to pursue such contracts. Note that procurement rules must be followed.
Q. Can I use our Adult & DW stimulus money to provide Incumbent Worker Training?
A. Yes. Up to 20% of the ARRA Adult & DW money may be used to provide IWT.
Q. Do work experience wages affect Food Stamp and OWF eligibility?
A. Rule 5101: 4-4-19: Food Stamps: Countable Income can be found at http://jfs.ohio.gov/workforce/docs/workforceprof/Rule_51014419.pdf. Per ODJFS's 5/1/09 webinar, the following apply to money individuals earn through WIA work experience:
Food stamp eligibility is affected for those 19 and up.
Food stamp eligibility is not affected for those under 19.
OWF eligibility is not affected.
Counties should inform 19+ year-olds who are receiving Food Stamps that their work experience earnings will affect their eligibility.
Q.If an individual is enrolled in the WIA Adult Program, can they participate in a subsidized work experience funded by the WIA Youth Recovery Funds?
A. Yes, if they meet all of the WIA youth eligibility requirements.
Q. What is my spending requirement when it comes to the stimulus funds?
A. Counties need to spend (expend or accrue) at least 75% of the youth stimulus funds and at least 50% of the adult & dislocated worker funds, in addition to our current allocations, by October 31, 2009. However, 100% would be even better. Area 7policy allows the redistribution of funds from counties who are not meeting expenditure requirements.
Q. For the Summer Youth Program, counties will be hiring temporary staff for a variety of purposes (Youth Employment Counselors, Youth Case Managers, Program Monitors, etc.)…If these positions are short-term temporary, can they be direct charged to the appropriate allocation?
A. Staff salaries can be direct-charged to the program as long as you can support that your circumstances meet the requirements described in the CAP for direct-charging salaries for summer youth employed by the CDJFS. For reference, please review Section V-B-1 of the Cost Allocation Plan that deals with direct costs.
Q. Fiscal reporting codes and guidelines need to be issued ASAP…as we are now starting to accumulate costs related to the Stimulus programs.
A. The fiscal policy letter will address reporting codes and guidelines, including RMS codes, for WIA Stimulus funds and is scheduled for release sometime next week.
Q. How much of the stimulus allocation for summer youth needs to go toward youth paychecks?
A. Aim for 70-80%, while using formula dollars to pay for much of the staff & infrastructure whenever possible.
Q. Can I add on to the amount of my current youth provider contract to provide youth summer employment or do I have to go out for bids again?
A. This depends on how your original RFP was configured. If the original RFP/contract allows for renewals and additions and if it included a summer employment component, it may be allowable, depending on local & state procurement rules. However, if there is a provision restricting the amount of increase that is allowable (i.e. 2-3%), it cannot be waived unless there is also a provision allowing for waivers in the RFP.
Q. How many hours a week can the youth work?
A. Follow the guidance of wage & hour laws.
Q. Can you pay the younger youth one wage and the older youth another wage?
A. Yes, but apply the same rules to all youth. For instance:
Under 18: $8/hr
Over 18: $9/hr
Add $1/hr for HS graduates/GED
Note: Summer youth must be paid at least minimum wage and no less than a regular employee doing the same work who has similar experience and education as the summer youth.
Q. How many weeks can summer youth work?
A. It will be different for each youth. The summer youth employment program runs May through September.
Q. When can I start hiring summer counselors?
A. Now. Funding is approved backwards to February 17, 2009. Enrollment of the youth can even happen now, as long as the work experience doesn’t begin until May.
Q. Do you have a list of work sites we are not allowed to use? I was told there was something out there but I can't find it.
A. Section 1604 of the Recovery Act prohibits States, local governments, or any private entity from using stimulus funds to support work experience training for WIA youth in summer employment work sites at casinos or other gambling establishments, aquariums, zoos, golf courses, or swimming pools.
Q. What happens if a youth turns 25 during the summer work experience? Do I have to remove them from the program?
A. No, you do not have to drop the youth when they turn 25 as long as they were under 25 when they were enrolled. Eligibility determination, including age, occurs at the time of intake and does not have to be reevaluated.
Q. Can I use a payroll service to pay my summer youth?
A. Yes, but the service must be competitively procured.
Q. Has the age for WIA youth increased to 24 or is that just for stimulus-funded summer employment youth?
A. The age increase to 24 only applies to stimulus-funded youth eligibility.
Q. Does the same requirement to spend at least 30% of youth money on out-of-school youth apply to ARRA youth funds?
A. Yes. At least 30% of the youth funded under ARRA must be out-of-school youth.
