Department OF Economic Opportunity Workforce Investment ACT

1. Employed and Incumbent worker Training at the Regional level HELPING FLORIDA’ S Workforce GET THE SKILLS IT NEEDS TO STAY EMPLOYED! Department OF Economic Opportunity Workforce Investment ACT

2. Employed and Incumbent worker Training at the Regional level objectives • Address confusion about the terms incumbent worker and employed worker • Start a dialogue regarding the definition of employed worker and its statutory meaning and discuss why this dialogue is important • Discuss the dynamics and requirements for Layoff Aversion Incumbent Worker Training (LAIWT) • Discuss when LAIWT is appropriate • Entertain questions relating to new EWT/IWT Policy Department OF Economic Opportunity Workforce Investment ACT

3. Employed and Incumbent worker Training at the Regional level Employed Worker Training • An Employed Worker is a working individual seeking retraining or upgrade of existing skills to obtain or retain a job that leads to self-sufficiency. • Self-Sufficiency is an RWB-identified wage that allows one to provide for oneself without the help of others. • at a minimum self-sufficiency means employment that pays not less than the lower living standard income level (LLSIL) as defined in WIA section 101(24). • Self-sufficiency should be defined differently for adults and dislocated workers, and should take into account the needs of individuals with barriers. • Employed worker training is not a formal program activity that is defined in the law or regulations. Department OF Economic Opportunity Workforce Investment ACT

4. Employed and Incumbent worker Training at the Regional level • Types of employed workers • Someone who is employed but seeks training through a One-Stop Center for assistance in getting a better paying job that leads to self-sufficiency. • Someone who works for an employer that requests training on their behalf in order to: • Allow the employee to retain employment in a job that leads to self-sufficiency • Allow an employee who is currently making less than the local self-sufficiency standard to upgrade to a better paying position with that employer • Dislocated workers who have become re-employed in "income maintenance" jobs and need the training to get a better paying job that leads to self-sufficiency. Department OF Economic Opportunity Workforce Investment ACT

5. Employed and Incumbent worker Training at the Regional level Incumbent Worker Training 20 CFR 665.100- 665.210 Department OF Economic Opportunity Workforce Investment ACT

6. Employed and Incumbent worker Training at the Regional level Incumbent Worker Training An incumbent worker is an individual who is employed, but is not required to meet the eligibility criteria for intensive and training services for employed adults and dislocated workers as defined in 20 CFR 663.220(b) and 663.310. (WIA sec 134(a)(3)(A)(iv)(I)). Department OF Economic Opportunity Workforce Investment ACT

7. Employed and Incumbent worker Training at the Regional level Incumbent Worker Training Department OF Economic Opportunity Workforce Investment ACT

8. Employed and Incumbent worker Training at the Regional level State level - Incumbent Worker Training • When workers lack needed training and businesses experience skill gaps, the company may find it difficult to – • Compete • Expand • Retain workers • Statewide Incumbent Worker Training Programs, funded by WIA, addresses these challenges. Department OF Economic Opportunity Workforce Investment ACT

9. Employed and Incumbent worker Training at the Regional level State level - Incumbent Worker Training • The purpose of the program is to provide grants to employers to assist with certain expenses associated with skills upgrade training for full-time employees of the company. The statewide program helps established Florida businesses to: • Provide training and education for current workers • Improve employee productivity • Reduce employee turnover • Increase business competitiveness Department OF Economic Opportunity Workforce Investment ACT

10. Employed and Incumbent worker Training at the Regional level State level - Incumbent Worker Training • WFI maintains applications submitted by businesses as well as participant files. • IWT data is not entered into EFM. • WFI is responsible for IWT activities. • Regions may recommend companies for IWT participation. Department OF Economic Opportunity Workforce Investment ACT

11. Employed and Incumbent worker Training at the Regional level Local incumbent worker training Layoff Aversion Department OF Economic Opportunity Workforce Investment ACT

12. Employed and Incumbent worker Training at the regional level Local Incumbent worker training Since 2005 the United State Department of Labor (USDOL) has approved Florida’s waiver requests that permits local areas to use a portion of local formula funds for incumbent worker training. Under thecurrent waiver, local boards are allowed to conduct IWT with local formula funds but only as part of a layoff aversion strategy. Department OF Economic Opportunity Workforce Investment ACT

13. Employed and Incumbent worker Training at the Regional level Waivers Over the years, the waiver authority continued in various forms. For the remainder of this discussion “IWT waiver” refers to the past and current Florida waivers permitting RWBs to use formula funds for local IWT. 2005 - 2008 2009-2010 2011-2012 • Waiver allowed 20 % of local Adult and Dislocated Worker formula funds to be used as IWT funds without any restrictions or stipulations. • 2007 – 2008 Additions: • Report outcome in WIASRD • Tracking of funding stream • 10% of local Adult and Dislocated Worker formula funds to be used as IWT funds. • For layoff aversion only • Limited to skills upgrading • Adult funds to serve low income participants • TEGLs 26-09 and 30-09 • WIASRD & Tracking • 20% of local Dislocated Worker formula funds to be used as IWT funds. • For layoff aversion only • Limited to skills upgrading • Adult funds to serve low income participants • TEGLs 26-09 and 30-09 • WIASRD & Tracking Department OF Economic Opportunity Workforce Investment ACT

14. Employed and Incumbent worker Training at the Regional level Local Incumbent worker training The Term “Layoff Aversion Incumbent Worker Training” (LAIWT) describes the local IWT referred to in the State’s latest waiver. See EWT/IWT Final Guidance 060 and AWI Memorandum dated May 31, 2011 for more information on LAIWT. Department OF Economic Opportunity Workforce Investment ACT

15. Employed and Incumbent worker Training at the Regional level Local Incumbent worker training Department OF Economic Opportunity Workforce Investment ACT

16. Employed and Incumbent worker Training at the Regional level Local Incumbent worker training • LAYOFF AVERSION IWT REQUIREMENTS: • Must establish criteria to determine a layoff risk, and when and whether IWT is an appropriate response - Risk Indicator. • Must establish criteria for identifying employers, targeted industries and economic sectors in need of Layoff Aversion IWT • Must establish a process for determining eligibility of incumbent workers served under waiver Department OF Economic Opportunity Workforce Investment ACT

17. Employed and Incumbent worker Training at the Regional level Local Incumbent worker training LAYOFF AVERSION IWT REQUIREMENTS – cont’d • Must establish a procedure on how to document that a layoff was avoided • 5. Must establish procedures and criteria to determine how the skills attained under the waiver will contribute either to the maintenance of employment or increase in employment security for workers Department OF Economic Opportunity Workforce Investment ACT

18. Employed and Incumbent worker Training at the Regional level Tools Department OF Economic Opportunity Workforce Investment ACT

19. Employed and Incumbent worker Training at the Regional level References • WIA Sections 101(8)(C), 101(31)(B), 122(c), 133(b)(4), 134(a)(1)(A), 134(a)(3)(A)(iv), 134(d)(4)(E), 136(b) and 189(i)(4) • Title 20 Code of Federal Regulations (Title 20 CFR) Sections 661.420, 663.530, 664.510 and 667.140 • Department of Labor (DOL) Training and Employment Guidance Letter (TEGL) 30-09, Layoff Aversion Definition and the Appropriate Use of WIA Funds for Incumbent Worker Training (IWT) for Layoff Aversion Using a Waiver (June 8, 2010) • DOL TEGL 26-09, WIA Waiver Policy and Waiver Decisions for Program Year (PY) 2009 and 2010 (May 12, 2010) Department OF Economic Opportunity Workforce Investment ACT

20. Employed and Incumbent worker Training at the Regional level Questions or Additional Information • Corey J. McCaster Government Operations Consultant II Corey.Mccaster@deo.myflorida.com (850) 245-7402 • Isabelle Potts Government Operations Consultant II Isabelle.Potts@deo.myflorida.com (850) 921-3148 Department OF Economic Opportunity Workforce Investment ACT