Hopkins Business & Civic Association About the Department of - - PowerPoint PPT Presentation

Hopkins Business & Civic Association

About the Department of Labor and Industry

2

DLI’s MISSION is to ensure Minnesota’s work and living environments are equitable, healthy and safe. DLI’s VISION is to be a trusted resource, service provider and impartial regulator. DLI Programs:

• Registered

Apprenticeship

• Minnesota PIPELINE

Program

• Youth Skills Training

Program

• Child Labor

Outreach and Compliance

• Workplace Safety

Consultation

• Workers

Compensation Administration

• OSHA Compliance
• Wage and Hour

Compliance

Employment-Based Training

Structured

• n-the-job

training

Taking a variety

• f forms

Related Instruction

with a chosen training provider

Powerful learning Engaged employee Benefit to all

Benefits of Employment-Based Training

Employers:

• Build and shape their own

workforce

• Creates new skilled worker

pipeline

• Workers produce as they train
• Improve productivity overall
• Reduce employee turnover

Workers:

• Employment
• Job Training
• Wages increase with progress
• Master in-demand skills
• Earn Credentials

What is the PIPELINE Program?

• An innovative approach to address current and future workforce needs in

key industries of Agriculture, Advanced Manufacturing, Health Care Services and Information Technology

• A mechanism to develop dual-training programs that are industry-based

and employer-driven

• In many cases, a pathway into registered apprenticeship
• Private Investment, Public Education, Labor and Industry Experience

Strategies

• Industry Councils: Inform and direct PIPELINE Program on industry trends and

needs through discussion and strategic planning aimed to expand dual training.

• Competency Councils: Define and identify specific occupational competencies

for the four key industries.

• Dual-Training Consulting: Create and disseminate dual training resources for

employers, employees and dual trainees: toolbox, grants, and expanding mentorship networks to set up dual training.

Competency Councils: Eligible Occupations

7

Competency Councils

Dual-Training Consulting

• Present to groups and individuals about Dual-Training (DT) programs and

resources

• Lay out how to establish DT programs
• Facilitate employer to employer meetings and partnerships
• Investigate barriers and opportunities for the DT program
• Design and offer comprehensive templates for articulating and tracking on-

the-job training

• Convene employer-led meetings with related instruction providers
• Support employers with applications for dual-training grants

Dual Training Grant Program

• Grants are available to cover the cost of training (tuition, fees, books, and materials)
• $6,000/student employee per year;
• Maximum grant is $150,000;
• Employers (or representative of) may apply if:
• Employees will be trained in an eligible occupation;
• Employees have not yet attained competency standards;
• Positions are located in Minnesota.
• For more information, please contact Jacquelynn Mol Sletten at

Jacquelynn.Mol.Sletten@state.mn.us.

PIPELINE Dual Training Grant Program

• Since its inception in 2015, OHE has administered

124 grants to 67 unique employers;

• 1,033 employees have benefited from the PIPELINE

Dual Training Grant Program;

• PIPELINE Program Consultants and the OHE Grant

Administrator continue outreach to new employer partners, averaging about one new employer each day.

Questions and Answers

PIPELINE Contact Information

13

Annie Welch, PIPELINE Program Manager 651.284.5353 annie.welch@state.mn.us Dan Solomon, PIPELINE Program Consultant 651.284.5355 dan.solomon@state.mn.us Kathleen Gordon, PIPELINE Program Consultant 651.284.5388 kathleen.gordon@state.mn.us

HBCA Membership Meeting November 13, 2018

YST Program

GOAL: Expand skills training in Minnesota high schools WHY: Increase the number of students entering skilled work and prepare them for successful careers HOW: Create programs for “student learners” so 16 and 17 year

• lds can participate in on-the-job training at employer sites

What is YST@DLI?

• 1. Local partnership (education and employer)
• 2. Related classroom instruction for HS credit
• 3. Paid work experience for students over 16 years of age
• 4. High-growth/high-demand, living wage occupations
• 5. Qualified supervision and safety training
• 6. Comply with child labor laws
• 7. Safe and meaningful experience for students

Youth Skills Training Program Requirements:

YST Program

High-growth, high-demand, living-wage careers

• Advanced manufacturing
• Agriculture
• Automotive industry
• Health care
• Information technology

Industries:

Child Labor Protections

What is a Student Learner?

A "student-learner" is 16 or 17 years old, a student of an accredited school and a part-time employee. The student-learner

• btains both academic credit and employment training under a

bona fide written school-work training program agreement between the school and the employer.

Using Hazardous Equipment

If a student learner’s work involves using hazardous equipment it must be:

• incidental to the student-learner's training
• intermittent and only for short periods of time (up to 20% of a shift and

no more than 1 hour per day)

• with direct and close supervision

YST Program

Benefits:

• Create lasting partnerships between education and employers
• Provide safe and meaningful work experiences for students
• Bring energy and new ideas about training future talent
• Reach younger students to help fill needs and skills gap
• Partner in shaping curriculum to address current trends
• Increase skills, knowledge and awareness of high-growth, high-

demand, living-wage careers

Pilot Program Grants

YST Pilot Program Grant Funding:

• Five pilot programs
• Grants up to $100,000 for each pilot program
• Grants awarded to local partnerships
• Coordination and implementation of YST programs
• Funds cannot be used to pay student wages

What Can YST Pilot Grants be Used for?

Pilot Program Grants

• Marketing
• Advertising
• Employer training
• Transportation
• Student recruitment
• Position to coordinate and monitor outcomes
• Student certifications

Youth Skills Training Outcomes

By the numbers

• 25 partnerships qualified to apply for grant funding
• Partnerships included 64 school districts and 107 employers
• Health care, manufacturing, IT and automotive industries
• At least 80% of eligible YST students receive high school diploma
• At least 60% of YST students receive a recognized credential upon

completing the YST Program

YST Grant Applicants Round 1

Anoka Art Unlimited Bloomington Brainerd City of Minneapolis CMMA Elk River Faribault Forest Lake HAP Houston County Northeast Metro Owatonna Princeton Robbinsdale

• St. Paul Schools

Stillwater SW Minnesota Ultra Machining Company

YST Grant Recipients Round 1 Goodhue County Hutchinson Twin West White Bear Lake Winona

Interested Partnerships

Approved YST Programs

YST Grant Applicants Round 2

DLI Support

How Can DLI Help?

• Approve industries and occupations
• Support local partnerships
• Provide technical assistance
• Work with interested employers
• Create guides and models
• Identify safety training
• Provide samples and forms
• Approve YST programs
• Award grant funding

Contact Information

Rich Wessels Project Manager Youth Skills Training Program Rich.Wessels@state.mn.us 651-284-5184 www.dli.mn.gov/yst

Labor Standards in Minnesota

Dave Skovholt Outreach Coordinator | Labor Standards

www.dli.mn.gov

Laws enforced by Minnesota DLI’s Labor Standards

• Minnesota Fair Labor Standards Act
• Women’s Economic Security Act
• Child Labor Standards Act
• Other laws related to employment, wage,

conditions, hours, etc.

Labor Standards at Minnesota Department of Labor and Industry is charged with administering parts

• r all of Minnesota statues 177, 181 and 184 as well as Minnesota Administrative Rules Chapter 5200.

Laws enforced by Minnesota DLI’s Labor Standards | www.dli.mn.gov

What does wage theft look like?

• Paying less than the required

minimum wage.

• Not paying time and a half for
• vertime hours.
• Not paying a final check upon

separation of employment.

• Not paying out earned tips.

What does wage theft look like? | www.dli.mn.gov

• Pay deductions for short rest

breaks.

• Working off the clock.
• Misclassifying employees as

independent contractors to avoid wage and hour requirements.

• Unlawful paycheck deductions.

State law – Minimum wage

State law – Minimum wage | www.dli.mn.gov

*minimum wage adjusts January 1 of each year. Employer/employee type Minimum wage rate Large employer – Any enterprise with annual gross revenues of $500,000 or more $9.65/hour* ($9.86-2019) Small employer – Any enterprise with annual gross revenues of less than $500,000 Training wage – May be paid to employees aged 18 and 19 in the first 90 days of employment Youth wage – May be paid to employees aged 17 or younger $7.87/hour* ($8.07-2019) J-1 Visa – May be paid to employees of hotels, motels, lodging establishments and resorts working under the authority of a summer work, travel exchange (J) visa $7.87* ($8.07-2019)

State law – Hours worked

• The minimum wage must be paid for all hours worked.
• Hours worked include:
• training time
• call time
• cleaning time
• waiting time
• travel time

State law – Hours worked | www.dli.mn.gov

State law – Deductions from wages

Deducting expenses from employees:

• Up to $50 for a uniform
• Up to $50 for equipment
• Consumables
• Meal and Lodging

However:

• Deductions cannot bring the employee below the minimum wage, and
• Employer must reimburse the employee for any deductions upon separation.

State law – Deductions from wages | www.dli.mn.gov

Final wages upon separation of employment

• Employees terminated, discharged or fired are due all wages and

commissions within 24 hours of a written demand for payment.

• For employees who voluntarily leave employment, wages and

commissions are due on the next regularly scheduled payday. If the payday is within five days of the last day of work, the employer has up to 20 days to make final payment.

• Penalties: Under Minnesota’s final pay laws, the employer may be

liable to pay their former employee’s average daily earnings for each day the employer is late paying wages, up to 15 days.

Final wage upon separation of employment | www.dli.mn.gov

State law – Breaks

• Every four hours worked: Adequate time to use the

nearest restroom.

• Every eight hours worked: Sufficient time to eat a

meal.

State law - Breaks | www.dli.mn.gov

State law – Record keeping

• 1. Personnel files
• 2. Earnings statements
• 3. Timesheets

*Information must be kept for a period of not less than 3 years.

State law – Record keeping | www.dli.mn.gov

State law – Personnel files

• If requested in writing, employer must allow an employee to review their

personnel file:

• At least once every six months for current employees.
• At least once a year for separated employees.
• Employer must provide file review within seven days if it is in Minnesota or 14

days if it is outside Minnesota.

• Current employees can request a copy after review.
• Separated employees may be provided a copy in lieu of an opportunity to

review (employer must maintain and provide for up to three years).

State law – Personnel files | www.dli.mn.gov

Misclassification

Misclassification definition (MN Admin Rules 5224) The practice of labeling workers as independent contractors instead of employees in order to avoid certain legal obligations, such as worker’s compensation, tax obligations, and fair labor standards. Frequent question for Minnesota’s Labor Standards Does misclassification lead to a violation of the MFLSA or FLSA? (Construction Codes and Licensing: 651-284-5074)

Misclassification | www.dli.mn.gov

Overtime

Minnesota law: Over 48 hours This guideline applies in most

• situations. DLI refers many
• vertime cases to the U.S.

Department of Labor because the general federal threshold is lower.

Overtime | www.dli.mn.gov

Federal law: Over 40 hours This is a general guideline that applies in most situations. The U.S. Department of Labor should be contacted for further details.

The Women’s Economic Security Act (2014)

• Wage disclosure
• Nursing mothers
• Pregnancy and parental leave
• Sick and safe leave
• Pregnancy accommodations

The Women’s Economic Security Act | www.dli.mn.gov

Minnesota’s Child/Youth Labor Laws

Restrictions on Hours, Equipment and Age (MN Statutes 181A)

• Minimum age for most employment is 14. (few exceptions)
• Ages 14 and 15, not before 7 am or after 9 pm or more than 8 hours in a day or

40 in a week. Only until 7 pm for large employers during the school year. Not during school hours unless permitted under a certified program.

• Age 16 and 17, not after 11 pm or before 5 am during school year. 30 minute

exception before/after with signed parental note.

• Equipment/Duties restrictions, examples: construction sites, bars.

11/20/2018 Minnesota’s Child Labor Laws | www.dli.mn.gov

Issues not addressed by DLI or USDOL

• Discrimination in the workplace
• Contract disputes
• Vacation time / PTO / severance

pay

• Pay raises (scheduled or promised)
• Reason for discharge

Issues not addressed by DLI or USDOL | www.dli.mn.gov

Agencies we make referrals to:

• Minnesota Department of Human Rights
• Minnesota Department of Employment and Economic

Development

• U.S. Department of Labor (Minneapolis office)
• Equal Opportunity Employment Commission (EEOC)
• National Labor Relations Board
• Minnesota Department of Revenue and Federal Internal Revenue

Service

• St. Paul Human Rights and Equal Economic Opportunity and

Minneapolis Department of Civil Rights

Thank You!

Contact Labor Standards Monday through Friday, 7:30 a.m. to 6 p.m.: 651-284-5075 DLI.LaborStandards@state.mn.us Web: www.dli.mn.gov Dave Skovholt Outreach Coordinator Email: david.skovholt@state.mn.us Phone: 651-470-5566