Training Agreements

1. Training Agreements June 13, 2019 Disclaimer: The information provided in this presentation serve as a general guide for local areas in Georgia. Although every effort is made to ensure that the material within is accurate and timely, I make no warranties or representations as to the accuracy or completeness of the contents, whether the contents are current, or free from changes caused by third parties. All information is provided “as is” without warranty of any kind. No information provided may be considered legal advice and it is the responsibility of each user of the materials to ensure that the materials meet all federal, state and local requirements. Use of the materials does not imply compliance with ETA, State, or local requirements. David Dietrichs David.Dietrichs@millermartin.com (404) 962-6448

2. How to Provide Training through WIOA • There are two primary methods for funding training under WIOA: • Through the use of Individual Training Accounts, which are payment agreements between approved Eligible Training Providers and Local Workforce Development Areas; and, • Through the use of Training Contracts, which include: • On-the-Job Training (OJT), • Customized training, • Incumbent worker training, or • Transitional jobs. • 20 CFR 680.300-320

3. Initial Determinations Regarding Training Contracts • May only be used when one of the following five exceptions apply and Consumer Choice is satisfied: • The service is either OJT, Customized Training, IW Training, or Transitional Job Training; • When LWDB determines there are not enough ETPs in the LWDA; • When LWDB identifies training program of “demonstrated effectiveness” serving individuals with barriers to employment; • When LWDB determines to contract with Higher Ed. to facilitate group training in in-demand industry sectors; or, • When LWDB determines it is entering into a Pay-for-Performance Contract. • Importantly, “the Local Plan must describe the process to be used in selecting the providers under a contract for services.” • 20 CFR 680.320

4. On-the-Job Training Contracts • ON-THE-JOB TRAINING.—The term ‘‘on-the-job training’’ means training by an employer that is provided to a paid participant while engaged in productive work in a job that— • (A) provides knowledge or skills essential to the full and adequate performance of the job; • (B) is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in section 134(c)(3)(H), for the extraordinary costs of providing the training and additional supervision related to the training; and • (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. • WIOA Sec. 3(44) & 20 CFR 680.700(a)

5. On-the-Job Training Contracts Prior to Contract Formation • LWDA has developed OJT Policy and Procedure Manual • Documentation Requirements • Process for Developing Documents • Distinguish OJT Options: Employed OJT; Unemployed OJT; Apprenticeship & OJT • Funding • Reimbursement Rates • Allowable Costs • Limits per Individual Participant • Reimbursement Terms: Monthly, Half & Half • On-the-Job Training Toolkit, ETA

6. On-the-Job Training Contracts Prior to Contract Formation • Developed and Implemented coordinated OJT Outreach Strategy • Business Services through Employer Engagement • Job Seeker Services through information sharing • Pre-Screened Employer for OJT • Used to ensure eligibility of Employer • Determine whether 3rd party Trainer will need to be involved • Assess comfort with process: Monitoring, funding, etc. • On-the-Job Training Toolkit, ETA

7. On-the-Job Training Contracts Prior to Contract Formation • Employer Checklist – Performed during pre-screen, use assurance form • Employer has not exhibited a pattern of failing to provide OJT participants with continued employment; • Employer verifies WIOA funds will not be used to relocate operations; • Employer has operated at its current location for at least 120 days. If less than 120 days and the business relocated from another area in the U.S. and individual(s)/employees were not laid off at the previous location as a result of the relocation; • Employer is not utilizing OJT participants to fill job openings as a result of a labor dispute; • OJT funds will not be used to directly or indirectly assist, promote, or deter union organizing; • The OJT will not result in the full or partial displacement of employed workers; 20 CFR 680.700(b); 20 CFR 683.260(a)(1); 20 CFR 683.260(a)(2); 20 CFR 680.840; 20 CFR 680.830; 20 CFR 683.270; 20 CFR 683.275(a); 20 CFR 683.275(c); 20 CFR 683.280(b); 20 CFR 683.285

8. On-the-Job Training Contracts Prior to Contract Formation • Employer Checklist – Performed during pre-screen, use assurance form cont’d • Participant wages to be paid are: • At the same rate, including periodic increases, as other participants or employees who are similarly situated in comparable occupations with the same employer, and who have equivalent training, experience, and skills; • In any event, no less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1) or the applicable Federal, State or local minimum wage; • Participants must be provided benefits (e.g., workers’ compensation, health insurance, unemployment insurance, retirement benefits) at the same level and to the same extent as other participants or employees working a similar length of time and doing the same type of work; • Employer will comply with the non-discrimination and equal opportunity provisions of WIOA law and regulations; and, • A recommended reimbursement rate for the employer is based on factors consistent with state and local policies. 20 CFR 680.700(b); 20 CFR 683.260(a)(1); 20 CFR 683.260(a)(2); 20 CFR 680.840; 20 CFR 680.830; 20 CFR 683.270; 20 CFR 683.275(a); 20 CFR 683.275(c); 20 CFR 683.280(b); 20 CFR 683.285

9. On-the-Job Training Contracts Prior to Contract Formation • Participant Checklist – Eligibility and Suitability Determination • Ensure Adult or DW eligibility is satisfied • Develop an Individual Employment Plan (Not Required, but Helpful) which will document and assist in identifying whether individual: • Possesses the baseline skills for the job; and, • Needs Job Training, specifically OJT, if so refer to Employer • Remember, Suitability also important

10. On-the-Job Training Contracts Minimum Required Documents • It is critical that the OJT providers (employers) keep paperwork to a minimum. However, there are several documents required to effectively implement an OJT, including: • OJT Contract; • Training plan; • Invoice and Billing Forms; and, • Monitoring Documentation. • Business Services Representative should broadly go over these documents in-person during the Employer’s Pre-Screening Meeting / Orientation • Employer reviews and executes the Assurances Form; and, • Business Services Representative details the process and associated documentation moving forward. • On-the-Job Training Toolkit, ETA

11. On-the-Job Training Contracts OJT Contract Provisions • Party Identification • Employer; LWDA; Identify Training Supervisor • Participant Information • For Each Participant: Name; Training Start and End Date; Total Training Hours; Job Title; O*NET SOC #; O*NET Job Zone; Hourly Wage Rate; Reimbursement Rate; Maximum Reimbursement Amount • Participant Information should be reflected in Training Plan • Contract Term • Either Program Year or Training Time • If term is Program Year, you are likely entering into a Master OJT Agreement • TCSG Policy and Procedure: 3.4.1.2 On-the-Job Training (OJT) (II.)(D)

12. On-the-Job Training Contracts OJT Contract Provisions • Additional Provisions • Employment Status – Participant shall be a fulltime employee of Employer and shall receive same wages, benefits, hours, and conditions as any existing employee. Participant should be retained by Employer upon his/her successful completion of OJT. • Hourly Wage - Minimum starting rate of OJT employees shall be the same rate as employees similarly situated in similar occupations by the same employer, and who have similar training, experience and skills. Note: WIOA funds shall not be used for overtime wages, holidays, sick leave, or vacations. • Training – Section addressing the occupational training and associated period of time required to gain proficiency. Should reference O*NET and job title but not be as detailed as the Training Plan. • Termination - Termination for lack of funds or recapture of funds, lack of participant attendance, or failure of employer to comply with initial or upgraded employment requirements. • Record Retention - Retain all records pertaining to the OJT for a period of six (6) years from date of termination. • Amendment/Modification – Provision addressing the process for changing the terms of the contract. • Notice – Define how notices will be delivered. • TCSG Policy and Procedure: 3.4.1.2 On-the-Job Training (OJT)

13. On-the-Job Training Contracts OJT Contract Provisions • Additional Provisions • Payment Terms: • Process for Requesting Reimbursement (Reference Invoice and Billing Forms) • Reimbursement Period (Monthly or Otherwise) • Payment for Employers extraordinary costs associated with training participants and the associated lower productivity • Maintenance of Records related to Payments • Insurance – Maintain necessary insurance coverage to protect against any/all liability arising out of OJT. Georgia Worker Compensation Coverage shall be provided to Participant • Monitoring Provision – Detail performance accountability role and oversight of the training and corresponding Employer payroll records. Onsite Monitoring of OJT Employers is REQUIRED. Monitors should meet with Participants, Employer's Supervisor, and review payroll records. • 20 CFR 680.700(a); On-the-Job Training Toolkit, ETA

14. On-the-Job Training Contracts OJT Contract Provisions • Assurances (Mostly overlap from Pre-Screen) • Employer assures that the OJT participant(s) will not be employed to carry out the construction, operation or maintenance of any part of a facility that is used or to be used for sectarian instruction or as a place for religious worship. 29 CFR 683.255. • Conflict of Interest Provision and Employer certifies that no member of the OJT participant's immediate family is engaged in an administrative capacity for the Employer, or will directly supervise the OJT participant. • Grievance Procedure Provision • Employer shall only employ OJT employees who have been found eligible for WIOA services prior to placement on the Employer’s payroll. • Employer understands that OJT employees shall be compensated at the same rates, including periodic increases, as all similarly employed workers. • Employer will meet the provisions of the Georgia Illegal Immigrant Enforcement Act of 2011 by signing and complying with the affidavit. • Employer agrees that wage and labor standards will be adhered to • Conditions of employment and training will be in full accordance with all applicable federal, state, and local laws and ordinances (including but not limited to anti-discrimination, labor and employment laws, environmental laws or health and safety laws). • Employer assures that they have not been debarred or suspended in regard to federal funding. • TCSG Policy and Procedure: 3.4.1.2 On-the-Job Training (OJT)

15. On-the-Job Training Contracts Training Plan • A formal, written program of structured job-training that provides Participant with a combination of instruction in job-ready skills (where indicated), general employment competencies and occupational skills that enable the participant to attain self-sufficiency. • Employers can use O*NET and/or a job description as a basis to begin listing skills or tasks. • Keep each skill description concise and comprehensive and make sure the individual tasks are observable and measurable. • Ensure the Training Plan links the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant’s Individual Employment Plan. • Training Plan should document Participant’s baseline competencies and his/her progress should be noted in the Progress Report/ Invoice Form submitted by Employer for reimbursement • On-the-Job Training Toolkit, ETA

16. On-the-Job Training Contracts Training Plan • Example • ABC Employer interested in hiring Maintenance and Repair Workers through OJT. • Business Services Rep syncs Job Title and Job Duties with O*NET to develop a Training Plan that syncs with Employer’s needs. • 49-9071.00 – Identifies job skills, abilities, work activities, etc. for job title and assigns an SVP code of 6.0 to <7.0 = 1 year to 2 years to achieve average performance • Job Seeker Services identify eligible individual, Participant, through assessment and creation of Individual Employment Plan who’s interested and meets some of the skills, abilities, activities, etc. for ABC’s OJT. • LWDA and ABC enter into OJT and agreement on the Training Plan that takes the base line originally created and modifies it based on the Participants skillset.

17. On-the-Job Training Contracts Invoice, Billing, and Progress • Developing and including a Progress Report/ Invoice template allows a LWDA to capture information on competency attainment and hours worked prior to reimbursing the Employer. • These reports also assist LWDA’s in monitoring payments and progress for each Participant. • The Progress Report/Invoice Document should include the following: • Competency, Comments, and Skills Learned Sections; • Participant Identification Section which includes wage rate, reimbursement rate, and maximum reimbursement amount; • Reimbursable Hours Worked Spreadsheet; • Signature Section; and, • Payment Tracker Section.

18. On-the-Job Training Contracts Monitoring and Oversight • A copy of the LWDA’s OJT Employer Monitoring process should be included as an Attachment to the OJT Contract. • It should outline when the monitoring will occur. • It should define the scope of the review which should include the Participants’ payment and training progress records. • It should define the monitoring methods and include applicable tools, or make reference to such tools. • For example, Supervisor and Participant Interview Questionnaires.

19. Customized Training Contracts • CUSTOMIZED TRAINING.—The term ‘‘customized training’’ means training— • (A) that is designed to meet the specific requirements of an employer (including a group of employers); • (B) that is conducted with a commitment by the employer to employ an individual upon successful completion of the training; and • (C) for which the employer pays— • (i) a significant portion of the cost of training, as determined by the local board involved, taking into account the size of the employer and such other factors as the local board determines to be appropriate, which may include the number of employees participating in training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities; and, • (ii) in the case of customized training (as defined in subparagraphs (A) and (B)) involving an employer located in multiple local areas in the State, a significant portion of the cost of the training, as determined by the Governor of the State, taking into account the size of the employer and such other factors as the Governor determines to be appropriate. • WIOA Sec. 3(14)

20. Customized Training Contracts Prior to Contract Formation • Local Customized Training Policies that will influence Contract terms. • LWDAs, through policy, must set forth what constitutes Employer’s payment of “a significant portion of the cost of training” taking into account: (No more than 50%) • The size of the employer and other factors the Local WDB determines are appropriate, which may include, • The number of employees participating in training, • Wage and benefit levels of those employees (at present and anticipated upon completion of the training), • Relation of the training to the competitiveness of a participant, and • Other employer-provided training and advancement opportunities. • LWDA should also set forth factors to determine an Employer’s eligibility for Customized Training. Per State Policy, such factors must include: • Employer’s past OJT and Customized Training Participation; • Time in Operation, minimum twelve (12) months; • Current full-time employees, minimum five (5); and, • Financially viable, no unpaid taxes. • Employer Eligibility Determination • Use Customized Training Employer Application (TCSG Customized Training Resource Guide) • Treat as Pre-Screen and possibly Assurances for Eligibility TEGL 19-16; TCSG Policy and Procedure: 3.4.1.3; TCSG Customized Training Resource Guide

21. Customized Training Contracts Getting Started • Customized Training Documents: • Customized Training Contract; • Training plan; • Local Expense Reimbursement Form; and, • Monitoring Documentation. • Business Services Representative primary role will be working with Employer to develop a compliant Budget and Training Plan. • Budget Development – Identify all Employer’s training costs; Distinguish which costs are reimbursable and/or allowable; LWDA determines amount to reimburse, up to 50%, in compliance with Local policies. • Training Plan – Customized Training is premised on the use of an existing Employer Training Plan. Business Services Rep. will work with Employer to ensure Training Plan identifies measurable goals for tracking participant progress. State Policy also requires O*NET SVP Codes for determining training length. The SVP code process will have to be explained to the Employer and incorporated into the plan. • TCSG Policy and Procedure: 3.4.1.3; TCSG Customized Training Resource Guide

22. Customized Training Contracts Contract Provisions • Party Identification • Employer; LWDA; Identify Training Supervisor; Identify 3rd Party Trainer, if applicable • Participant Information • For Each Participant: Name; Training Start and End Date; Total Training Hours; Job Title; O*NET SOC #; O*NET Job Zone; • Participant Information should be included in Training Plans as well • Contract Term • Should reflect training period identified and negotiated in Training Plan • Budget • Line Item Budget should be included; Identify which expenses are reimbursable and maximum reimbursement amount

23. Customized Training Contracts Contract Provisions • Employment Status – Participant shall be a NEW, fulltime employee of Employer and shall receive same wages, benefits, hours, and conditions as any existing employee. Participant shall be retained by Employer upon his/her successful completion of Customized Training. • Employer Funding Commitment – Assurance Employer will fund “significant” portion of training costs. • Training – Section addressing the occupation, associated training, and period of time required to gain proficiency. Should reference O*NET and job title but not be as detailed as the Training Plan. Baseline skills and competencies need to also be included. • Termination - Termination for lack of funds or recapture of funds, lack of participant attendance, or failure of employer to comply with initial or upgraded employment requirements. • Record Retention - Retain all records pertaining to the Customized Training for a period of six (6) years from date of termination. • TCSG Policy and Procedure: 3.4.1.3; TCSG Customized Training Resource Guide

24. Customized Training Contracts Contract Provisions • Performance Provision – Define training benchmarks and successful completion points. • Recapture Provision – LWDA, in its sole discretion, reserves right to recover any funding provided to Employer which is subsequently determined to be an over payment. • Failure to Hire Provision – State Employer’s future eligibility for WIOA-funded training services may be negatively impacted by its failure to hire any Participant who successfully completes the Customized Training and is not subsequently retained by the Employer. • Notice – Define how notices will be delivered. • Amendment/Modification – Provision addressing the process for changing the terms of the contract. • TCSG Policy and Procedure: 3.4.1.3; TCSG Customized Training Resource Guide

25. Customized Training Contracts Contract Provisions • Additional Provisions • Insurance – Maintain necessary insurance coverage to protect against any/all liability arising out of Customized Training. Georgia Worker Compensation Coverage shall be provided to Participant • Assurances – See OJT Section • Monitoring Provision • Similar to OJT Requirements. May be worth developing a training service provider monitoring tool.

26. Customized Training Contracts Training Plan and Local Expense Form • Training Plan • Similar to process outlined for OJT; Sync Participant IEP with agreed upon Training Plan to create Individualized Training Plans for each Participant engaged in the Customized Training; Progress, Milestones, Benchmarks should be noted and trackable on either the Training Plan or the Local Expense Reimbursement forms provided by the LWDA. • Local Expense Reimbursement Forms • Before an invoice can be paid, the following documentation must be received: • Copy of paid employer or training provider invoice. The invoice should include the date(s) and type(s) of training provided. • Copy of the check with which the invoice was paid or other documentation as evidence of payment. • For each training program or session, a copy of the participant roster, which includes trainees’ names, last four (4) digits of SSN, the date(s) and type(s) of training, completion and credentials/ certificates awarded should be noted on each roster. In addition, this roster should include the signature of the trainer or employer certifying that the listed employees did participate in the training. • Documentation of matching expenditures such as payroll registers, copies of paid travel costs, etc. • If TCSG institution provides training, reimbursement may be directly bill the LWDA. • Employer shall report Final Expenses no later than thirty (30) days after the training is complete. TCSG Customized Training Resource Guide

27. Incumbent Worker Training Contract Policies • Incumbent worker training is training: • Designed to meet the special requirements of an employer (including a group of employers) to retain a skilled workforce or avert the need to lay off employees by assisting the workers in obtaining the skills necessary to retain employment. • Conducted with a commitment by the employer to retain or avert the layoffs of the incumbent worker(s) trained. • States and local areas must establish policies and definitions to determine which workers, or groups of workers, are eligible for incumbent worker services. • Minimum Qualifications are as follows: • The incumbent worker needs to be employed; • The incumbent worker is 18 or older; • The incumbent worker is a U.S. citizen or non-citizen legally able to work in the U.S.; • If the incumbent worker is male born in 1960 or later, he has registered for Selective Service; • There must be an employer-employee relationship that meets FLSA requirements ; and, • The incumbent worker must have worked for the employer for six (6) months or more. • For an employer to be eligible to receive local incumbent worker training funds the LWDA must consider: • The characteristics of the individuals in the program; • The relationship of the training to the competitiveness of an individual and the employer; and, • Other factors the LWDB determines appropriate, including, but not limited to: • The number of employees trained, • The employees’ wages and benefits, including post training increases; • The existence of other training opportunities provided by the employer; • Layoff aversion impact; • Employer size; and, • Incorporation into larger sector and/or career pathway strategy. • 20 CFR 680.780-790; 810; TCSG Policy and Procedure: 3.4.1.4

28. Incumbent Worker Training Contract Prior to Contract Formation • Employer Eligibility and Pre-Screen work to be performed by Business Services Representative • In addition to the LWDA Employer Eligibility Policy considerations, the following minimum requirements must be met: • Employers must be in operation for at least twelve (12) months; • Employer must employ at least five (5) full-time employees at the local operation; • Employer must be financially viable and current on all state and federal tax obligations; • Employer with past OJT, Customized Training, or IWT experience has not exhibited a pattern of failure to provide those workers continued, long term employment; • These should be included in a well-developed local policy which can also function as a Pre-Screening/Assurance/Employer Pre-Award Review Tool. • Additionally, Federal regulations require verification that Employer, which is new or expanding, is not, in fact, relocating employment from another area. • To accomplish this, a standardized pre-award review, with criteria developed by the State, must be completed and documented jointly by the LWDA and the Employer as a prerequisite to WIOA assistance. The Pre-Award Review must include: • Names under which the Employer does business, including predecessors and successors in interest; • The name, title, and address of the Employer official certifying the information; and, • Whether WIOA assistance is sought in connection with past or impending job losses at other facilities, including a review of whether WARN notices relating to the Employer have been filed. • The review may include consultations with labor organizations and others in the affected local area(s). • 20 CFR 683.260; TCSG Policy and Procedure: 3.4.1.4

29. Incumbent Worker Training Contract Getting Started • Assuming the Employer meets the State and Local eligibility criteria and is able to pass the Pre-Award Review, the LWDA may begin the Incumbent Worker Contract Process which will include: • Incumbent Worker Training Contract; • Training plan; • Financial Status Report; and, • Monitoring Documentation.

30. Incumbent Worker Training Contract Contract Provisions • Party Identification • Employer; LWDA; Identify Training Supervisor; Identify 3rd Party Trainer, if applicable; Employer’s Total Employee Number • Participant Information • Individual Names; Training Start and End Date (May vary if individual assessment identifies different levels of skill); Total Training Hours; Job Title; O*NET SOC #; O*NET Job Zone; Hourly Wage; Contact Info; DOB; SSN; Selective Service Compliance Assurance • Participant Information should be included in Training Plans as well • Contract Term • Should reflect training period identified and negotiated in Training Plan and must sync with the O*NET SVP code associated with the Job. • Budget • Line Item Budget should be included; Employer and LWDA identify non-Federal share of the cost of training; Identify which expenses are reimbursable and maximum reimbursement amount; Provision addressing collection and retention of payroll records, attendance records, equipment invoices to ensure any and all expenditures can be validated • Allowable Employer Share of Cost Categories include, but are not limited to: • Wages paid to Employee while Employee is attending training; • Equipment Purchased for use in training; • Training Curriculum Development Costs; and, • Travel and Lodging costs. • Allowable Employer Training Costs Eligible for Reimbursement: • Training Supplies and Materials; • Training Tuition or Registration Fees; • Instructor/Trainer Wages (If separate from Tuition/Registration); • Certification/Testing Costs; • Off-site Training Space (Conference center/Classrooms rental) • TCSG Incumbent Worker Training Resource Guide

31. Incumbent Worker Training Contract Contract Provisions • Work History Provision • Any participant identified shall have worked for six (6) months or longer for the Employer prior to the execution of the Contract. (Unless cohort rule applies) • Employee Retention Provision • Employers agrees and commits to retain each participant as a full-time employee with the same wages, benefits, hours, and conditions; • Training Provision • Description of the occupations involved, skill(s) and competencies to be provided and learned; • Participant Assessment • Provision addressing each employees’ participation in an assessment to enable future progress and skills attainment to be measured (examples include TABE, Career Scope, Prove It, etc.) • Individualized Training Plans identifying baseline competencies will accompany the Contract as the Training Plan • Performance outcome requirements; • Termination • Termination for lack of funds or recapture of funds, lack of participant attendance, or failure of employer to comply with initial or upgraded employment requirements. • Record Retention • Retain all records pertaining to the Incumbent Worker Training for a period of six (6) years from date of termination. • Employer Assurances • See TCSG Policy and Procedure: 3.4.1.4 (VIII)(A-V) • TCSG Policy and Procedure: 3.4.1.4

32. Incumbent Worker Training Contract Training Plan • Since Employer is seeking funding to assist its Employees in obtaining certain skills necessary to retain employment, it should be easier for Business Services Representative to establish a baseline Training Plan with the Employer. However, the Business Services Representative will have to work with the Employer to modify the Training Plan to ensure the Incumbent Worker Training is designed to: • Improve the skills of the existing workforce (It is encouraged that this training lead to an industry recognized credential); • Increase both the Employees’ and Employer’s competitiveness; • Sync with the applicable O*NET and SVP codes; • Mitigate the impact of a layoff, if utilized as a part of a layoff aversion strategy; and • Wherever possible, allow the Employee to gain industry recognized training that ultimately leads to an increase in wages. • Separately, an assessment will have to be developed to establish Employees’ baseline level of competency. • The results will be incorporated into individualized training plans able to track progress and which will sync with training events, classroom activities, competencies earned, and credentials obtained. • Training Plan • Includes the following: • Employee ID; Job Title; O*NET & SVP; Skills, Competencies, Abilities, Etc. Associated with Job Position and agreed upon by Employer and LWDA; Wage rate and any increases; Training Period • TCSG Policy and Procedure: 3.4.1.4

33. Incumbent Worker Training Contract Financial Status Report • Employer costs must be tracked and documented in compliance with the Budget provisions in the Contract. • The Financial Status Report form is the proper document to record all expenditures related to the Incumbent Worker Training. It should reiterate the methodologies and agreed upon contribution amounts agreed upon between the LWDA and the Employer. It must include: • Copy of paid employer or training provider invoice. The invoice should include the date(s) and type(s) of training provided. • Copy of the check with which the invoice was paid or other documentation as evidence of payment. • For each training program or session, a copy of the participant roster, which includes trainees’ names, last four (4) digits of SSN, the date(s) and type(s) of training, completion and credentials/ certificates awarded should be noted on each roster. In addition, this roster should include the signature of the trainer or employer certifying that the listed employees did participate in the training. • Documentation of matching expenditures such as payroll registers, copies of paid travel costs, etc. • If TCSG institution provides training, reimbursement may be directly bill the LWDA. • Employer may request reimbursement for allowable costs at the conclusion of the Incumbent Worker Training, but no later than thirty (30) days after the completion of all training activities. • MONITORING: Add provision on oversight and reference local policy • TCSG Policy and Procedure: 3.4.1.4; TCSG Incumbent Worker Training Resource Guide

34. Transitional Jobs • A transitional job is one that provides individuals with barriers to employment who are chronically unemployed or have inconsistent work history, as determined by the Local WDB, with: • A time-limited work experience; • That is wage-paid and subsidized; • In the public, private, or non-profit sectors • These jobs are designed to enable an individual to establish a work history, demonstrate work success in an employee-employer relationship, and develop the skills that lead to unsubsidized employment. • The local area may use up to 10 percent of their combined total of adult and dislocated worker allocations for transitional jobs. Transitional jobs must be combined with comprehensive career services (see §680.150) and supportive services (see §680.900). • 20 CFR 680.190-195

35. Transitional Jobs • Transitional jobs are a type of work-experience LWDAs may provide under WIOA and are considered an individualized career service. • Involve a time-limited and wage-paid work experience that is subsidized up to 100%. • This service must be combined with career and supportive services. • If the LWDB uses transitional jobs as part of its service delivery strategy, it must adopt policies and identify appropriate employers (public, private, or nonprofit). • These policies must include: • Reimbursement Policy/Provision; • Transitional Job Supportive Service Policy; • Limitation on Transitional Job Duration; • Definitions and Identification Policies for “chronically unemployed” or “have an inconsistent work history”. • Have been unemployed for 13 weeks or longer; were unemployed for at least 26 of the past 52 weeks; or have held three or more jobs in the past 52 weeks and are currently unemployed or underemployed. • Federally Defined Barriers to Employment: • 1. Displaced homemakers 2. Low income individuals 3. American Indians, Alaska Natives, and Native Hawaiians 4. Individuals with disabilities, including youth with disabilities 5. Older individuals (age 55 or older) 6. Ex-offenders/Returning citizens 7. Homeless individuals 8. Youth who are in or have aged out of the foster care system 9. Individuals who are English language learners, individuals who have low levels of literacy and individuals facing substantial cultural barriers 10. Eligible migrant and seasonal farmworkers 11. Single parents (including single pregnant women) 12. Long-term unemployed individuals (unemployed 27 or more weeks) 13. Recipients of public assistance • Comparable to a heavily monitored OJT with no Employee retention requirement. • TCSG Policy and Procedure: 3.4.1.6; TEGL 19-16

36. Transitional Jobs • Step 1: Pre-Award Employer Eligibility Review Process • Employer Must: • Be a private-for-profit business, private non-profit organization, or public sector employer; Provide a quality work experience for participants to gain valuable skills; and, Provide a safe environment for participants to gain skills. • Employer Must Not: • Have any recent layoff or hiring freeze in the same or substantially equivalent position; • Allow the Transitional Job Participant to infringe upon the promotion or lead to the displacement of any currently employed worker or result in a reduction in their hours; or, • Have recently relocated which resulted in the loss of employment anywhere in the U.S.

37. Transitional Job Contract • Key Differences and Important Provisions • Limit Job Length to ninety (90) days and up to forty (40) hours a week • A Training Plan (with a rating scale for skills at hire and at completion of the TJ) that defines successful completion of training; • Reimbursement level. Employers are eligible to receive up to 100% of hourly wage reimbursement. Employer Host sites are responsible for submitting time cards as proof of hours worked;

38. Thanks for Attending David Dietrichs David.Dietrichs@millermartin.com 404-962-6448