IM-17 1/29/01 CWEP/AWEP & WORKERS COMPENSATION, TA MANUAL REVISION #3
|COMMUNITY WORK EXPERIENCE PROGRAM (CWEP)/ALTERNATIVE
WORK EXPERIENCE PROGRAM (AWEP) AND WORKERS COMPENSATION
TEMPORARY ASSISTANCE MANUAL REVISION #3
|The purpose of this memorandum is to clarify
how to calculate acceptable Community Work Experience Program (CWEP)/Alternative
Work Experience Program (AWEP) hours to be in compliance with the Fair
Labor Standard Act Rules and Regulations.
In order to comply with federal employment laws set out by the U.S. Department of Labor, we are making changes in the way we use the CWEP/AWEP. The Fair Labor Standard Act (FLSA) requires that recipients of Temporary Assistance who are employees must be compensated at minimum wage. FLSA considers that a recipient is an employee when they are volunteering at a work site, as the employer has the right to direct and control work activities.
To ensure participants are compensated at minimum wage their Temporary Assistance grant added to food stamp allotment divided by current minimum wage ($5.15) equals the hours an individual can work in a CWEP/AWEP. Use the Temporary Assistance benefit amount only if food stamps are not received.
In order to calculate maximum hours for a CWEP/AWEP site add the food stamps and Temporary Assistance, divide by minimum wage to get hours per month, divide hours by 4 to obtain hours per week.
Example: One parent and two children receive Temporary Assistance and food stamps. In this case the participant could use all their work activity hours in CWEP/AWEP.
Example: One parent and one child over the age of six receive Temporary Assistance and food stamps.$292.00 Temporary Assistance
In this case the participant needs to do another work activity to meet their minimum 30 hours of participation (20 hours if the individual has a child under the age of six).$234.00 Temporary Assistance
When the required hours are not met through community work experience, other activities can be used to supplement, i.e. employment, education and/or training. This is an excellent opportunity to combine work activities to benefit the participant. A work site that is also willing to give the individual training will benefit both the employer and the participant.
Example: Joan has one child, age 7. Joan has not graduated from high school, and, has no work experience. She volunteers at the City Library for her CWEP activity. She is allowed 23 hours in this activity. This gives her the opportunity to learn computer skills, people skills and accountability. This also allows Joan to go to ABE classes to obtain her GED for 7 hours per week. Both activities together meet her 30 hours of mandatory participation while giving her education and work experience.
Additional positive results for participating in a CWEP/AWEP activity are:
A participant whose work activity is CWEP/AWEP is protected by Workers Compensation as any other employee at that work site. An employer accepts this responsibility when signing the Work Site Agreement (IM-318). It is important that the DFS representative clearly explains the form before it is signed by the employer.
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