[wiaattorneys] Re: Trade Act training Question

  • From: Elise Lowe-Vaughn <elise.lowe-vaughn@xxxxxxxxxxx>
  • To: jpomerantz@xxxxxxxxxxx, wiaattorneys@xxxxxxxxxxxxx
  • Date: Wed, 13 Apr 2005 09:08:14 -0600

In Colorado, work experience, internships, externships are approved training
only if the work activity is a requirement for award of the credential.
There are no exceptions.  Usually, this is unpaid work, but if the worker is
paid, the wages may affect UI/TRA.  There are instances in which
TAA-approved OJT includes some classroom work; we do not read the
regulations to permit an internship--paid or not--that is associated with
TAA-approved classroom training to be considered  OJT. Also, the 2002 Act
defines a new (for TAA) category--"customized training"--as training
conducted at a firm, but under contract between the State and outside
vendor.  The worker is not employed by the firm in which the training is
conducted, Therefore, UI/TRA is payable to workers engaged in this kind of
Elise Lowe-Vaughn, Operations Director
Workforce Programs
Colorado Department of Labor and Employment
1515 Arapahoe St., T2-400
Denver, CO  80202
phone # 303-318-8807
fax #      303-318-8931


From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Jordan, Sam
Sent: Tuesday, April 12, 2005 10:51 AM
To: jpomerantz@xxxxxxxxxxx; wiaattorneys@xxxxxxxxxxxxx
Cc: Sauder, Lisa M. (GC-LI)
Subject: [wiaattorneys] Re: Trade Act training Question

We had the following situation in one of our areas a while back
Subject: TAA/Work Experience

Okay, I have a good scenario for you:   We have a client who is TAA/WIA
approved.  He has exhausted his initial UI money and is on a waiver now
receiving TRA money and benefits.  He is on the fence about receiving TAA
approved training because he wants to continue his education but feels like
he may not be able to afford it.  So, his Workforce Specialist talked with
him about a Work Experience program that we have.  He would go on the job to
gain work experience for up to 12 weeks with a company.  He would be paid
out of WIA money at $7.50 an hour, with no taxes, for the time he is on the
job.  We understand that he would have to show income but - is at Work
Experience considered a TAA approved training?  This would allow him to keep
his benefits under TRA and earn some income while training and gaining
valuable work experience.  I know he needs to make the best decision for
himself and his family and the decision lies with him but he doesn't want to
be without his benefits in case the job doesn't turn into permanent
employment or he has a hard time finding a job after the 12 week Work
Experience is over.  I would like to get a clarification on this for future
reference and so we can inform our TAA representative.  The ESC TAA rep is
currently telling clients NOT to take Work Experience opportunities because
it will mess up their benefits.

.....................and this is what our regional DOL staff told us.


(1) The client cannot draw TRA while he is on work experience.  The $7.50
would have to be reported. When the work experience ends, the client can go
back on TRA benefits for "lack of work".


(2)  He will not be eligible for HCTC (health care tax credit benefits).


(3)  He will be eligible to apply for TAA training at the end of the work
experience but the weeks that he has already drawn on TRA will be deducted.


(4)  The work experience would not be considered "TAA Approved Training".
"TAA Approved Training" is provided at "no cost" to the client.


(5)   His status as to being on a waiver would be revoked, therefore, he
would "not" have to look for work while he is on work experience.


Hope some of the above helps.

Samuel "Sam" R. Jordan, Director 
State Workforce Investment Administrative Department (SWIAD) 
South Carolina Employment Security Commission 
P. O. Box 1406 
Columbia, South Carolina 29202 

Telephone (803) 737-2611 
Cell (803) 463-9266 
Fax (803) 737-2119 

 -----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx]On Behalf Of Pomerantz, Jane C.
Sent: Tuesday, April 12, 2005 11:12 AM
To: wiaattorneys@xxxxxxxxxxxxx
Cc: Sauder, Lisa M. (GC-LI)
Subject: [wiaattorneys] Trade Act training Question

Have any of you who are involved with Trade Act dealt with the following

We are getting questions, from the field  relating to individuals in TAA
approved training programs that include periods of time of paid "work
experience" embedded in the training.   Are these claimants eligible for UC
and/or TRA during these weeks of paid work experience?  Is this part of the
"training" or "other scheduled activities", or would these individuals be
ineligible for these weeks (even if only working a limited number of hours)
for the week under the prohibition of payments while on OJT?  

Do you see any other issues and solutions? 

Thanks JP 

Jane C. Pomerantz 
Deputy Chief Counsel 
Department of Labor & Industry 
Phone: 717-787-4186 
Fax:     717-787-1303 

Wisdom is knowing the right road to take. 
Integrity is taking it. 

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