For a work-based learning opportunity to be successful, several
considerations need to be made by everyone involved – students, facilitators,
and employers. An important consideration by schools and employers are the
legal requirements of providing these opportunities to students. Some of the
legal issues that will need to be addressed are included below.
This overview is for introductory purposes only – it
is not an official interpretive document. For additional information on
legal
requirements,
refer to the "Connecting Youth to Work-Based Learning" by the Minnesota
Department
of Education (2003) - call 651.582.8386 for details. More resources can be found
in Resources.
Legal information is provided in the following areas:
Insurance
Schools and businesses should strive to create safe environments
for work-based learning participants just as they always have for employees,
volunteers, and visitors to their facility. Partners delivering work-based
learning at their worksites should work with their insurance carriers whether
they have sufficient insurance to cover participants. Businesses may be liable
for damages/injuries caused by work-based learning participants if the learner
is:
- Acting on behalf of the business; or
- Acting with the actual or apparent authorization of the business; and
- Is negligent; and
- That act results in injury to customers, passers by, visitors, or the
general public; or damage to the property of customers, passers by or the
general public.
It is important for participants to understand their requirements
for insurance coverage and consult with their insurance carriers about each
type of work-based learning experience they provide.
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Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) protects the rights, safety,
and well-being of youth workers in the United States. Some work-based learning
opportunities are subject to FLSA and some are not. FLSA specifies particular
limits on the employment of minors under the age of 18. Other issues include
when and how Federal child labor laws and minimum wage provisions apply. It
is recommended that you reference the Connecting Youth to Work-Based Learning manual produced
by the Minnesota Department of Education for specific FLSA information.
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Minnesota Child Labor Laws
Employers should be aware of both Federal and State child labor
laws before setting up a work-based learning opportunity. These laws cover
specific topics like age requirements, proof of age, hours of work, prohibited
occupations, penalties, overtime, and minimum wage. It is recommended that
you reference the Connecting Youth to Work-Based Learning manual produced by the Minnesota Department of Education for specific child labor law information.
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Americans with Disabilities Act
Employers with 15 or more employees must comply with the requirements
of the Americans with Disabilities Act (ADA). Some of the ADA requirements
that could apply to work-based learning are briefly outlined below.
- Auxiliary aids and services must be provided to individuals with
vision or hearing impairments or other individuals with disabilities, unless
an undue burden would result.
- All new construction in public accommodations must be accessible.
Elevators are generally not required in buildings under three stories or
with fewer than 3,000 square feet per floor, unless the building is a shopping
center, mail, or professional office of a health care provider.
- Employers many not discriminate against individuals with a disability
in hiring or promotion if the person is otherwise qualified for the job.
- Employers need to provide “reasonable accommodation” to
individuals with disabilities. This includes steps such as restructuring
and modification of equipment.
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Data Privacy
The Federal Family Rights and Privacy Act protects information about
students and their records from public disclosure. It is important for employers
to receive information (like a social security number, school grades, and courses
taken) prior to the students entering or while they are participating in the
work-based program. That information cannot be provided to the employer without
a proper release of information being signed. When the student is under 18
years of age his/her legal guardian must sign the release of information form.
Students over 18 of age (as long as they are their own guardian) may sign their
own release of information form.
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Affirmative Action
Protected minority groups, as defined under Federal Executive Order,
include African Americans, Asian Americans, Hispanic Americans, Native Americans,
and women. Educational institutions and employers must not discriminate on
the basis of race, religion, ethnicity, national origin, age, disability, sex,
martial, or veteran status. Written training agreements between schools and
business should include an affirmative action statement.
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Sexual Harassment
All employees and students participating in a work-based learning
program have the right to work in an environment which respects human dignity
and is free from sexual harassment. Sexual harassment includes unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact,
or other verbal or physical conduct or communication of a sexual nature when:
- Submission to that conduct or communication is made a term or condition
of obtaining employment/participation in the program;
OR
- Submission to or rejection of that conduct or communication is
used as a factor in decisions affecting the individual’s employment/participation
in the program;
OR
- That conduct or communication has the purpose or effect of substantially
interfering with an individual’s employment or creating an intimidating,
hostile, or offensive employment environment, and company management knows
or should know of the existence of the harassment and fails to take timely
and appropriate action.
Students should be taught how to recognize sexual harassment and abuse. They should also receive training regarding the school’s and business’s sexual harassment policy and reporting procedures.
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Medical
It is recommended that students involved in work-based learning
activities in areas where there is potential contact with body fluid or wastes
receive the Hepatitis A and B series vaccine. Students working in the food
service area are also recommended to have the Hepatitis A vaccine. Employers
are required to offer the Hepatitis B vaccine free of charge to personnel at
risk. Employees, however, are not obligated to receive the vaccine, but must
sign a copy of OSHA’s Hepatitis B vaccine declination if they wish not
to receive it. If the person later decides to receive the vaccine, the employer
must again offer the series free of charge. In non-paid work experiences, the
school is the employer and must provide the vaccine.
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Source: Connecting
Youth to Work-Based Learning, Minnesota Department of Education, 2003.
Page last updated in September 2004.
Work-based Learning
