Section 101.14. Employer criteria.

 

(1)  The W-2 agency shall ensure that an employer providing a Wisconsin works employment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment position. An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.

(2)   Trial job. A trial job employer shall agree to do all of the following:

(a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.

(b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.

(c) Provide worker's compensation. If the trial job employer is required to provide worker's compensation insurance for its unsubsidized employees, the trial job employer shall provide the same level of coverage for the trial job participants.

(d) Inform the participant of his or her possible eligibility for federal and state earned income credit and process a participant's request for advance payments of federal earned income credit under section 3507 of the internal revenue code.

(e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate.

(f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9) .

(3)   Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:

(a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace.

(b) Provide a position which replicates actual conditions of work and provides responsibilities and expectations similar to unsubsidized employees of the employer considering the participant's barriers to unsubsidized employment including need for child care or transportation or level of ability.

(c) Cooperate with the W-2 agency by providing verification of the participant's hours of participation and missed hours.

(d) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9) .

Cr. Register, October, 1997, No. 502 , eff. 11-1-97; CR 04-082 : am. (2) (f) and (3) (d) Register November 2004 No. 587 , eff. 12-1-04; corrections in (2) (f) and (3) (d) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .