Internship/Temporary Work and Employer of Record Updates
From: Dressel, Meredith - DWD
Sent: Tuesday, February 16, 2016 8:43 AM
To: DWD DL DVR All
Subject - I/TW Documents Updated and Employer or Record Purchase Order Clarification
The DVR I/TW Guidance, FAQ and I/TW Agreement have been updated to include the following language regarding transportation and over time during I/TW:
- The Employer of Record will not support any occupations that involve driving or any paid time spent in a vehicle.
- The maximum amount of hours a consumer can work in one week while participating in an I/TW is 40 hours and any time worked beyond 40 hours in one week, is considered OT which is not permitted during I/TW.
Additional updates were made on the I/TW Guidance, I/TW EOR Process Checklist and EOR Process Flow Chart to include language regarding Open Enrollment Benefits for consumers through Opportunity Incorporated.
- All DVR consumers participating in an I/TW on or after 3/1/16 are required to complete the Benefit Enrollment Form and select whether they are waiving or electing the benefit plan.
- The Benefit Enrollment Form will need to be turned in with each packet prior to employees beginning an I/TW.
We recently began encountering situations involving Employer of Record Purchase Orders. The most common issues occurring statewide involve invoices that exceed the DVR authorization, OT that was not pre-approved as well as discrepancies with the hourly rate and insurance multiplier. Please see attached document for more information on how to proceed in these situations to ensure consistency statewide.
Reason for Change
Previous documents did not provide these specifics pertaining to driving occupations and OT.
Opportunities Inc.'s insurance policy does not cover any driving positions or any paid time spent in a vehicle.
The guidance and FAQ discussed OT, but did not specify that OT per current Opportunities Inc.'s pay schedule is considered any time worked beyond 40 hours in one week.
The previous I/TW Agreement only referenced not exceeding "authorized hours" with no mention of the OT policy and at times this is the only document reviewed by all involved parties.
In order to be in compliance with the Federal Regulations within the Affordable Care Act, Opportunities Inc. is required to have Benefit Enrollment forms completed and on file for all consumers participating in an I/TW.
Please review updated documents, begin using I/TW agreement found at the link listed below and share updated information with your local service providers.
If I/TW paperwork has already been submitted to Opportunity Inc. for an I/TW that is scheduled for begin on or after 03/01/16, the Benefit Enrollment form will need to be completed and submitted to Opportunities Inc. before the I/TW can begin.
Please work with your local service providers to ensure all required forms are submitted to Opportunity Inc. prior to the scheduled start date.
- I/TW Guidance: http://dwd.wisconsin.gov/dvr/service_providers/internship/itw_guidance.pdf
- I/TW FAQ: http://dwd.wisconsin.gov/dvr/service_providers/internship/employer_record_faq.pdf
- I/TW Agreement: http://dwd.wisconsin.gov/dwd/forms/dvr/doc/dvr_17206_e.doc
- I/TW Work Flow Chart: http://dwd.wisconsin.gov/dvr/service_providers/internship/flow_chart.pdf
- I/TW Process Checklist: http://dwd.wisconsin.gov/dvr/service_providers/internship/employer_record_process_checklist.pdf
- Benefit Enrollment Form, Benefit Options and Open Enrollment Benefit Guide: http://dwd.wisconsin.gov/dvr/service_providers/internship/default.htm
If you have any questions, please consult with your WDA director or supervisor.