Sheltered Workshop Access & Monitoring, Department of Labor MOU, & other Sub-Minimum Wage Issues

Similar documents
Kentucky P&A Priorities

Collaborations between Long-Term Care Ombudsmen and Protection & Advocacy Agencies A Report written by

ACL TBI: As-Is Assessment

March Presented by Ian Watlington, Disability Advocacy Specialist, NDRN

WIOA: What Human Services Agencies and Advocates Need to Know

Abuse and Neglect Investigation: Alaska Psychiatric Institute. Patient Illegally Held at API Despite Not Having a Mental Illness

Home and Community-Based Services: Introduction to Olmstead Lawsuits and Olmstead Plans

H-1B Visa. Temporary specialty worker 6-year maximum, 3 year maximum in one petition Government Agencies involved

40 YEARS OF ADVOCACY

CHAPTER 35. MEDICAL ASSISTANCE FOR ADULTS AND CHILDREN-ELIGIBILITY SUBCHAPTER 15. PERSONAL CARE SERVICES

Abuse and Neglect Investigation: Alaska Psychiatric Institute (API) API Violates Patients Rights in Handling Patients Grievances

Policy Title: WIOA Memorandum of Understanding (MOU) One-Stop Service Delivery and Infrastructure Funding Agreement (IFA)

State Project/Program: WORKFORCE INNOVATION AND OPPORTUNITY ACT

WIOA SEC Administrative Provisions. Subparts: A - H. Presented by: 11/ 16/2016. Office of Grants Management

December A Decade of Little Progress Implementing Olmstead


Olmstead Planning and Systems Changes: Realignment of the New Jersey Mental Health System

WIOA Infrastructure Costs Resources

H-1B Visa. Presented by Andy Buffington of Davies Pearson, P.C. Tacoma, WA

The Subcontracted Economy: National Trends and Strategies to Protect Workers and Strengthen the Economic Recovery

State Supported Living Centers

Workforce Arizona Council Job Center MOU and Infrastructure Costs Policy Job Center MOU and Infrastructure Costs

1/28/2015. James D. Varnado, Director Medicaid Fraud Control Unit (MFCU) Florida Office of the Attorney General

H-1B Attestation and PERM Labor Certification

H-1B Visa. Specialty Occupation. Roles in Application. H-1B Visa Presentation to UMN International Community Spring Employer is the applicant

The War on Sheltered Workshops: Will ADA Title II Discrimination Lawsuits Terminate an Employment Option for Adults with Disabilities

H-1B Visa. Summary of the H-1B Visa. Presented by Sok-Khieng (So-Can) Lim of Davies Pearson, P.C. Tacoma, WA

Workforce Innovation and Opportunity Act (WIOA) What Pennsylvania s Transition-Age Youth with Disabilities Need to Know

Home Care Ombudsman Expansion. Lyle VanDeventer, Deputy State Home Care Ombudsman (v)

XX... 2 TEXAS WORKFORCE COMMISSION... 2 CHAPTER 803. SKILLS DEVELOPMENT FUND... 3

In the United States District Court for the District of Columbia

Immigration June 2013 No. 1

Protecting the Rights of Low-Income Older Adults

SECTION 3 Policies and Procedures Manual

ARTICLE V DISCIPLINE

DC LONG TERM CARE OMBUDSMAN

Summary of California s Dual Eligible Demonstration Memorandum of Understanding

Work Visas and Permanent Residency Global Education Office, University of New Mexico November 11, 2016 University of New Mexico, Mitchel Hall, Room

What are MCOs? (b)/(c) refers to the type of waiver approved by CMS to allow this type of managed care program. The

DISABILITIES LAW PROGRAM FY 2018 PAIMI PROGRAM PRIORITIES

8/7/2017. OVR is regulated at the Federal Level by the Rehabilitation Services Administration.

Workforce Arizona Council Job Center Structure of One Stop Service Delivery System Policy

The H-1B Visa and You. Davenport University March 4, 2011 Susan S. Im

Appendix 10: Adapting the Department of Defense MOU Templates to Local Needs

Massachusetts Department of Public Health. Privacy of Health Data

Work Authorization for Foreign National Employees

Workforce Innovation and Opportunities Act Policy 05-17

Virginia s Settlement Agreement with the U.S. Department of Justice (DOJ) and Proposed Plan to Implement the Terms of the Agreement

Long-Term Care Improvements under the Affordable Care Act (ACA)

Local Workforce Development Board Executive Directors Commission Executive Offices Integrated Service Area Managers

CAREERLINK 101 Foundations of Workforce Development

Retains the 140,000 base, but reduces (or eliminates) the green card backlog through a number of exemptions, including:

40 TAC Tex. Admin. Code tit. 40, What words must I know to understand this chapter?

Visa Sponsorship at CUMC

Request for Proposals

OAK HAMMOCK AT THE UNIVERSITY OF FLORIDA, INC. NOTICE OF PRIVACY PRACTICES. Privacy Office: (352) Effective Date: September 23, 2013

CountyCare Critical Incident Reporting Form

The Patient Protection and Affordable Care Act (Public Law )

Overview of U.S. Immigration Law & Procedures for Employers

WORK VISA AND GREEN CARD OPTIONS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Adult Drug Court Discretionary Grant Program FY 2018 Competitive Grant Announcement. Frequently Asked Questions

Disability Rights California

WIOA COMBINED STATE PLAN APPENDIX 9

Case 3:16-cv SI Document 1 Filed 06/02/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION.

Subtitle D-National Programs Section 166 Native American Programs WIA/WIOA Final Rules Side-by-Side Comparison April 16, 2015

Accommodation and Compliance Series. Personal Assistance Services (PAS) in the Workplace

Wage/Hour and FLSA Issues: 2017 Update

Implementing the New FLSA Rule for Home Care Providers in California

Employment Options for Foreign Nationals with Non-Immigrant Visas. April, 2009

A Snapshot of the Connecticut LTSS Rebalancing Agenda

Notice of Privacy Practices for Protected Health Information

What s Next for the FLSA Home Care Rule. Presented by Mollie Murphy, FMS Lead with Kate Murray and Kay Holley, J.D.

VIRGINIA DEPARTMENT OF SOCIAL SERVICES AUXILIARY GRANT PROGRAM

Homeless Veterans Reintegration Program

services to veterans and eligible persons under the JVSG;

Prevocational Services State Crosswalk. Requirements for Service Delivery

Notice of Privacy Practices

Federal Enforcement of the Olmstead Decision National Association of States United for Aging and Disability

Case 4:17-cv RGE-CFB Document 1 Filed 06/13/17 Page 1 of 56 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION

Workforce Investment Act. John Barr IL Department of Commerce & Economic Opportunity

Most Human Needs Programs Have Lost Ground Since 2010, and Stand to Lose More in FYs 2017 and 2018

Work Visa and Green Card Options

ADVANCED PLASTIC SURGERY, PLLC. NOTICE OF PRIVACY PRACTICES

Employing Foreign Workers: What US Companies and Counsel Need to Know

NOTICE OF PRIVACY PRACTICES This Notice is effective September 23, 2013

TRENDS IN SENIOR LIVING LITIGATION

WIOA Guidance Notice No Workforce Development Boards

Building a Sustainable Community Health Worker Workforce in Massachusetts

U.S. Merit Systems Protection Board. MSPB History. MSPB Mission 10/21/2010

New Patient Information

Notification and Federal Employee Antidiscrimination and Retaliation Act (NoFEAR) Fiscal Year 2016 Report

S 2734 S T A T E O F R H O D E I S L A N D

Home- and Community-Based Services: Financial Oversight

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 202

EMPLOYEE RIGHTS AND PRIVILEGES (LEGAL)

Partnership for Fair Caregiver Wages

Notice of Privacy Practices

Washington State LTSS System, History and Vision

USDOL ANNOUNCES GoLd Card Services for Post 9/11 Era Veterans THE UNITED STATES DEPARTMENT OF LABOR GOLD CARD SERVICES FOR POST 9/11 ERA VETERANS

Transcription:

Sheltered Workshop Access & Monitoring, Department of Labor MOU, & other Sub-Minimum Wage Issues November 2, 2017 Webcast Presenters: Cheryl Bates-Harris, Senior Disability Advocacy Specialist David Hutt, Senior Staff Attorney

P&A Workshop DOL Admin Complaints DOL 14(c) Wage State 14(c) Opt Out DOJ Monitoring CAP $11.7M Hearings PAVA $4.72 M PATBI $2.97 M Complaints Assistive Tech. PAIMI $34.0 M PAIR $16.489 M PAAT $4.45 M PABSS $7 M EEOC Complaints Section 511 Strategies

3 More on Strategies 1. File administrative complaints with the U.S. Dept. of Labor Wage and Hour Division, or relevant state agency, as appropriate. 2. File a petition on behalf of client(s) for an Administrative Law Judge hearing under 29 U.S.C. 214(c)(5). See also, Magers, et al. v. Seneca Re-Ad, ARB Case Nos. 16-038, 16-054 (Dept. of Labor Administrative Review Board, Jan 12, 2017) (U.S. District Court review pending). 3. Use video, print, and social media to highlight the problems of segregated employment and solutions and accomplishments.

4 Training Resources Staff working for P&As and CAPs can access training and resources related to subminimum wages, sheltered workshops and other employment related matters at www.tascnow.com/tasc/ under topic area: employment and follow links to sheltered workshops and subminimum wages. Please e-mail NDRN/TASC staff at: subminimum.wages@ndrn.org with any questions related to subminimum wages, FLSA 14(c), sheltered workshops and related issues. You can also post to the TASC managed list serve Employment- ReturntoWork@yahoogroups.com

P&A Monitoring & Investigative Authority P&As may use their access authority (PADD, PAIMI, PAIR, PATBI and PAAT programs) to monitor sheltered workshops. P&A access authority allows for unaccompanied access to physical locations where services are provided to persons with disabilities, and to speak in private with persons with disabilities to: Monitor for rights and safety violations. Educate persons with disabilities about their rights and available services. Investigate allegations of abuse & neglect. The investigative authority also allows access to service providers and individual records without a release in certain circumstances.

Memorandum of Understanding with Wage and Hour Division NDRN and the U.S. Dept. of Labor, Wage and Hour Division (WHD) entered into a Memorandum of Understanding (MOU) in late 2015 to coordinate information sharing between the P&A/CAP Network and the WHD related to section 14(c), address issues related to the filing of complaints by P&As, and allow NDRN and the WHD to discuss issues surrounding the impact of the payment of back-wages on benefits. The MOU provides a mechanism for NDRN to facilitate discussion with the WHD given our mutual interest to ensure adherence to the requirements of section 14(c).

Memorandum of Understanding with Wage and Hour Division The MOU does not create any additional or new authority to a P&A or CAP related to any entity which possesses a 14(c) certificate. The MOU is a collaborative understanding between the Wage and Hour Division and NDRN on behalf of the P&A/CAP Network. P&As already have the authority to access sheltered workshops and section 14(c) certificate holders, and to speak with workers with disabilities.

What we know: Community Employment Employment rates for people with disabilities is low, unemployment high Greatest Barrier is Lack of Expectation Exploitation/Political Realities/Policy conflicts Change is needed, change is coming

Disability Policy Concepts IDEA all Deinstitutionalization all ADA all Employment (all can work or those who can work?)

Current Employment Programs Rehab Act 1973 as amended, IDEA transition requirements Workforce Investment Act, WIOA 2014 Ticket to Work and Work Incentive Improvement Act Medicaid Waiver HCBS rules Employment First

Sheltered Workshop Monitoring Developed a protocol and monitoring instrument to collect consistent data and information Been shared broadly but developed before WIOA and section 511 Monitoring versus investigation

Questions? Use the listservs Employment_ReturntoWork PABSS Community Integration To subscribe to the lists contact Monica.Ball@ndrn.org Send us an email at Subminimum@ndrn.org