Policy Chapters and Sections

OJT Employer Eligibility

Chapter: 7 Section: 2.2.1.1.1
Effective Date: 5/11/2016
Expiration Date: Continuing
Published Date: 7/26/2021 1:39:50 PM
Status: Rescinded
Version: 1

Tags: OJT, Program Eligibility, Training

  1. Employers in the public, private non-profit or private sector may use OJT programs.
  2. A staffing agency is an eligible employer for WIOA-funded OJTs if the staffing agency meets the following conditions:
    1. The position is “temp to hire” and the host employer will hire the participant within a time as defined by LWIB policy.
    2. The placement from the staffing agency must be full-time as defined by the host employer.
    3. The OJT participant wages and working conditions are at the same level and to the same extent as other employees working a similar length of time and doing the same type of work.
  3. The wage provided by the employer to the OJT participant must be at least equal to the federal, state or local minimum wage (Fair Labor Standards Act).
  4. In addition to meeting the OJT General Requirements of this policy, an employer will be ineligible to receive a WIOA OJT contract at the worksite location if:
    1. The employer has any other individual on layoff from the same or equivalent position.
    2. The same or equivalent position is open due to a hiring freeze.
    3. The OJT would infringe upon the promotion of or displacement of currently employed workers or a reduction in their hours.
    4. The employer has terminated the employment of any regular employee or caused an involuntary reduction in its workforce with the intention of filling the vacancy with OJT participants.
    5. The positions are for seasonal employment.
  5. The employer must have the capacity and commitment to ensuring that the OJT program will address skills gaps specific to the individual and that staff has the time and knowledge to carry out the necessary training.
  6. The employer agrees to cooperate with monitoring and reporting efforts as required by WIOA legislation, including a pre-award survey and adhere to all other applicable local, state and federal rules and regulations.