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.

$292.00 Temporary Assistance
  335.00 Food Stamps
$627.00 Total

$627.00 divided by $5.15 (minimum wage) = 121.74 (rounded to 122 total hours) 122 divided by 4 = 30.50 (rounded to 31 hours weekly)

$234.00 Temporary Assistance
  234.00 Food Stamps
$468.00 Total

$468.00 divided by $5.15 = 90.87 (rounded to 91 hours.)  91 divided
by 4 = 22.75 (rounded to 23 hours per week.)

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:

• Increases the employability of participants by providing education and training along with work experience,
• Assists when unsubsidized employment cannot be obtained,
• Placements help with career goals, and
• Allows for feedback from employer to case manager regarding relationships in the workplace and skills learned at work.

Workers Compensation

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.

• Review this memorandum with appropriate staff.

 
• Review Temporary Assistance cases to ensure the hourly formula has been used with participants whose work activity is a Community Work Experience Program/Alternative Work Experience site.

 
• Review Work Site Agreement (IM-318) with staff. 

 
• File the revised Case Management Manual pages.