NJSS
On-Site Workplace Concerns for Students
Are there forms that can be used for an SLE worksite safety review?
Can a student who is 17 years old and who is on co-op deliver pizza/food as part of his job?
Can a student drive a golf cart as part of an SLE job?
How many hours can a student work in an SLE during a school day?
On-site Workplace Concerns for Students in SLEs
Must students be present during the required SLE/Co-operative Education Experience onsite visits or can the site visits occur anytime?
The student must be present during the site visit. Review the site visit items that should be checked on the model “New Jersey Model Worksite Visit Checklist for SLE and Co-operative Education Experiences” form found on the SLE homepage at www.state.nj.us/education/cte/sle/
I have a student in a paid SLE. She is doing very well, and has indicated that she feels embarrassed by my site visits. Is there a time or circumstance when the SLE site supervision visits can end if the student is doing well?
No. The site visits by the supervising SLE teacher are required by both federal and New Jersey child labor regulations. There are no exceptions to this requirement. The purpose of the site visits is to ensure the safety and health of the student, to ensure that the student’s worksite activities conform to the approved training plan, and to assess if there are any problems or emerging issues that require your attention.
If a student feels embarrassed by the site visits, perhaps the SLE/Co-op teacher can give the student an active role in the site visits, such as demonstrating a work process that the student is learning or has mastered, if this is not already being done. Establish a way to conduct the site visit so that the student does not feel that you are checking up on him/her; rather, that you are there to ensure compliance with the regulations.
As a reminder, site visits must be conducted every tenth day the student reports to the SLE site, whether paid or unpaid, as well as all co-operative education experiences. A link to the model site visit check list may be found on the SLE homepage: www.state.nj.us/education/cte/sle/
If a student is absent from school (not a school related absence), are they allowed to go to their internship that day?
The administrative code is silent on the subject of student absences who are participating in an SLE or co-operative education experience (CEE). Therefore, it is the responsibility of the district to determine under what circumstances the student may or may not report to an SLE/CEE site, in consultation with the SLE/CEE host employer or agency. Those conditions should be agreed upon prior to initiating the SLE/CEE.
For example, the district may determine that it will not permit the student to report to the SLE/CEE site if the student has an unexcused absence that morning in school if the SLE/CEE is on a half-day schedule, or if the student has an unexcused absence the day prior to the SLE/CEE if the SLE/CEE is on a full-day schedule. This policy would also include the mechanism by which the SLE/CEE host would be informed of the student’s absence.
There are different reasons why a district may not want a student to report to an SLE/CEE site, absenteeism being one. Consider when it may not be advisable for a student to report to the SLE/CEE: illness or injury; tests or other academic-related issues; sports events (if the student is on the school’s team); school behavior issues, school suspensions, etc. Consider who would be responsible for reporting the absence to the SLE/CEE host (student or district) under each circumstance. The SLE/CEE host should be apprised of these circumstances and how the SLE/CEE host will be notified prior to starting the SLE/CEE.
Finally, decide up front how the SLE/CEE host should respond to a student who shows up at the SLE/CEE site if the student is not permitted to participate in the SLE/CEE that day.
These kinds of issues can be included as an addendum to your SLE/CEE agreement so that all parties, including the SLE/CEE host, the district, the student, and the student’s parents/guardians are aware up-front of the consequences of non-compliance with the requirements for the student’s SLE/CEE.
Are there forms that can be used for an SLE worksite safety review?
Yes. Download the Worksite Safety and Health Evaluation Guide found on the Structured Learning Experience homepage: www.state.nj.us/education/cte/sle/
Can a minor with a driver’s license operate a vehicle as part of a school-sponsored SLE and can a student who is a minor drive as part of his or her school-sponsored structured learning experience?
Career and technical education students who are at least 17 years of age and who are enrolled in a co-operative education experience supervised by an appropriately certified teacher may, as part of their co-operative education experience, drive a motor vehicle, if all of the conditions of Hazardous Order 2, “Youth Employment Provision and Driving Automobiles and Trucks under the Fair Labor Standards Act (FLSA)” are met. See the U.S. Department of Labor’s Fact Sheet #34 for more information: http://www.dol.gov/whd/regs/compliance/whdfs34.pdf. Students who are NOT enrolled in a co-operative education experience may NOT drive as part of a school-sponsored structured learning experience.
There are no blanket prohibitions to driving as part of employment for minors 17 years old and older as long as the Federal rules are followed.
However, driving greatly increases the hazards of a job. Districts should think long and hard before permitting a student to drive as part of a school-sponsored SLE. Although some driving is permitted, the district is not required to permit driving as part of a school-sponsored activity, or to place a student on a school-sponsored SLE that would involve driving. Districts are encouraged to discuss this with their insurance carrier.
An exception would be jobs that would require limited driving onsite, such as at a garage or car dealership. Such driving would only take place in the parking area of the jobsite, and doesn’t present the same level of risk that road driving would.
NOTE: No employee under the age of 18 may serve as an outside helper on a motor vehicle. An outside helper is any individual, other than a driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.
Can a student who is 17 years old and who is on co-op deliver pizza/food as part of his job?
No. A minor may not engage in “route deliveries or route sales,” or in “urgent, time-sensitive deliveries” such as pizza and other prepared food deliveries. To review this and other restrictions on driving for minors as part of employment, including school-sponsored SLEs and co-operative education experiences, view the US Department of Labor’s fact sheet at: www.dol.gov/whd/regs/compliance/whdfs34.htm
Can a student drive a golf cart as part of an SLE job?
New Jersey follows the federal regulations when it comes to teen driving and employment, including SLEs. Federal non-agricultural Hazardous Order 2 has stipulated driving “on public roads,” is prohibited. As long as the golf cart does not cross a public road, the minor is permitted to drive a golf cart. New Jersey has no restrictions as long as the driver is at least 16 years old when operating a motorized golf cart. If the golf cart is considered a motor vehicle by NJMVC standards, then the driver must have a license in order to drive on public roads. However, since the school may be involved in liability, its insurance carrier should be contacted. Also, the National Institute for Occupational Safety and Health has reported many deaths and accidents from golf cart use, so use caution when permitting students to drive them for SLEs.
How many hours can a student work in an SLE during a school day?
The New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Enforcement, has the following regulation:
N.J.S.A. 12:58-1.2 Apprentice and student learner in co-operative vocational education program
(d) "Student learner" means a person:
7. For whom training site experiences may not exceed five hours on any day that school is in session nor may the combination of school and work exceed eight hours on any day that school is in session.
This regulation applies to co-operative education experiences and ALL SLES, paid or unpaid. There is a link to New Jersey’s Child Labor Regulations on the SLE homepage.
Two minors, both 16, are working in a retail establishment. They have been asked to close the shop, which includes cleaning up, counting the money in the drawer, locking up the drawer in a safe, and locking up the store. Is this permitted? If their employment is part of an SLE, what are the requirements for a school-sponsored SLE?
According to the US Department of Labor (US DOL), Division of Wage & Hour, none of those duties would be prohibited under the US DOL child labor regulations since none of those activities are deemed to be hazardous occupations for minors who are employed by a retail establishment.
- All students participating in school-sponsored structured learning experiences must be supervised at all times by a worksite mentor. The scenario described above does not fulfill this requirement if the two students will be closing the store, so the students would not be permitted to do this.
- Also, the combination of school and work cannot be more than 8 hours on a school day. If this were a school day, the students would not be permitted to work until closing.
- Finally, an important issue to consider is whether engaging in these activities increases the students’ risk of being crime victims. If this were a school-sponsored activity, the question raised would be if the school district should permit placing the students in activities that increased their risk as part of a school-sponsored structured learning experience.
My student is reporting to an SLE during the school week. Can the student also report to the SLE site over the weekend?
It depends. First we must look at the pertinent Child Labor Statute, which states that minors cannot work more than 6 days per week (N.J.S.A. 34:2-21.3. Minors under 18; hours of labor).
If your student is enrolled in a traditional co-operative education experience, for example, where the student is reporting to the co-op site every day during the school week, then the student would be permitted to report to the co-op site one weekend day, either Saturday or Sunday, which would bring the student to the limit of 6 days in the week.
If the student is reporting to the SLE site less than five days during the school week, then the student would be permitted to report to the SLE site on both weekend days because the total number of days is six days or less.
NOTE:The student’s SLE reporting schedule must be identified on the SLE Training Agreement. If there is to be a change in the student’s schedule for a particular SLE, the training agreement should be revised to show the new work schedule and the revision signed or initialed by all parties.
Am I allowed to disclose to an employer if a student is classified, has an IEP, or any diagnosed disabilities? I recently had a student who was terminated who did have an IEP, but prior to the termination, I had conversations with the employer concerning the student's job performance, anddidn't feel comfortable disclosingthis.
Regarding the disclosure of a student's disability and entitlement to special education and related services to an employer: The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. Generally, schools must have written permission from the student's parent (or student who is 18 or older) in order to release any information from a student's education record. More information is available at www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
There are also regulations regarding an employer asking about the presence of a disability. For information on this see: www.eeoc.gov/facts/ada18.html
[NOTE: Thanks to the NJ Department of Education-Office of Special Education for this answer.]
We have a student who is placed in an unpaid SLE. His parents have asked the school to get a “letter of recommendation” from the SLE site so that he can apply for an after school job at home. The parents then called the SLE site directly. The manager of the store called us and asked what he should do since the student is working as a supervised SLE student. Should SLE job sites be able to offer a letter of recommendation?
This is a decision made by the SLE host; we cannot dictate how they should respond. It is also neither the NJDOE nor the school district’s responsibility to make employment recommendations or request one from a host employer. However, you can share the following with the parents and employer:- The SLE or co-operative education experience is a school-sponsored learning activity. It is not considered straight “employment,” even when the SLE or co-operative education experience is paid because learning is the primary goal of the experience.
- The SLE or co-operative education student did not go through the company’s normal hiring process.
- The SLE or co-operative education student is not responsible for productivity goals, as are employees.
- The SLE agreement stated clearly how there is no promise of employment for the student once the SLE ends.
Considering the above, an SLE host does not seem in the position to recommend a student for employment based upon the SLE or co-operative education student experience. It would be inappropriate for an SLE host to make an employment recommendation because the host cannot give a fair assessment of what the student’s performance would be like in a normal employment situation.
There are several definitions depending upon the agency: IRS, Federal Wage and Hour, etc. However, the common understanding is that a stipend means employer reimbursements for volunteer expenses, including transportation costs, books, materials, supplies, uniforms, and food for private individuals (or students) who volunteer services to public agencies or not-for-profit organizations. NJ Department of Education has found no prohibition for schools to use stipends to reward students for accomplishing structured learning experience learning objectives, such as attendance, etc. However, under no circumstances can a stipend be tied to productivity or used as a substitute for wages. It is important that districts and SLEs hosts use the term “stipend” within this meaning to avoid potential wage and hour violations.
Our district has an in-school SLE where special education students prepare and sell coffee and bagels to teachers when the cafeteria is not open. All proceeds are kept in the program and are used to purchase coffee, cups, bagels, etc. Does the district have to charge sales tax for these sales?
A representative from the NJ Department of Taxation indicated that if the proceeds from the sales of a school-based program are used solely to support the program, then the district does not have to collect sales tax. In the district’s example above, they are using the proceeds to purchase supplies and food for the program only, so they are exempted from paying sales tax.
I have a Co-Op student who is having tremendous problems getting her W2. Together, we have visited the store, called the store multiple times and today we tried calling corporate. What can you provide me with so as to get this young lady her W2 as quickly as possible to finalize her taxes for 2013?
Check the IRS website or call the IRS at 800-829-1040. Report the employer for failing to distribute the W-2 form. Also obtain instructions for filing Income Tax without a W-2 form. The total earnings and taxes withheld should be indicated on the final paystub for 2013.
If the student was not provided with paystubs when paid, contact the NJ Department of Labor and Workforce Development, Division of Wage and Hour Compliance, with the name and address of the employer so that the Division may take action to bring the employer into compliance with the NJ Wage Payment Law.
Wage & Hour - General Information
Tel. (609) 292-2305
Tel. (609) 292-2337
Thanks to the Division of Wage and Hour Compliance for this information.
I have a student in a paid SLE experience and the company did not pay him last week on the prescribed date. They are claiming a check was issued to him, but never arrived. They are now telling him he must wait 4-6 weeks for a replacement check. How should I handle this?
A representative from the Division of Wage and Hour Compliance at the NJ Department of Labor and Workforce Development (NJLWD) indicated that the employer is obligated to issue the missing check within the next pay period, so the student should receive the missing check within the next pay period. If the employer fails to issue the missing paycheck within the next pay period, the student should file a wage complaint using form MW-31A. This form may be downloaded from the NJLWD’s website at the following link: www.lwd.dol.state.nj.us/labor/. Click on Wage and Hour, and then click on File a Wage Claim. Select Claims Form, and then select Wage Claim MW-31A. The student should complete the form online, print and fax it to the fax number provided at the top of the page.
I have a student working at a retail store. Her paychecks are handwritten, no paystub is provided and no deductions are being withheld. I inquired about this with two managers on two separate occasionsand both told me this is their company policy. For some reason, the managers showed me my student's HR file and there was no I-9. I asked about the I-9 form and they told me they don't use them... another company policy. I contacted the Headquartersfor the company, which I found online, and was told the same thing by a person who answered the phone, claiming to be the company accountant. I'm not even certain this is a legitimate company. Please let me know what I should do next.
Whenever you find a circumstance when the student’s paycheck is not in line with normal expectations, such as no tax, insurance or other normal withholdings, or the student is being paid in cash, remove the student from the SLE or co-operative education site. Something is amiss, and a statement such as “company policy” doesn’t make the employer’s practice right or legal. Similarly, if an employer tells your student that he or she is going to be paid as a subcontractor, take the student off of the job. There are no legitimate circumstances under which a student participating in a co-operative education experience or SLE would be a subcontractor. The employer is trying to avoid paying taxes and other withholdings, and to avoid paying insurance coverage.
You may also want to contact your area wage and hour enforcement person and inform him or her about what happened. You are not obligated to, but consider that if the employer is playing games with withholdings, they may also be playing games with insurance coverage for employees. Not a good thing! You can contact the person from the NJ Department of Labor and Workforce Development who conducted your SLE classes for NJ wage and hour and child labor, or representatives from the U.S. Department of Labor-Wage and Hour Division.
I am working with a twenty-year-old student who has been offered a one-day-a-week (approximately 6 hr per week) paid opportunity to work in lawn maintenance. The potential employer is offering $10.00 cash per hour to have this student rake leaves and thatch lawns. The employer is an excellent mentor and this is a good opportunity for this young man to begin learning the value of paid employment. He will not be operating any power equipment, but are there any restrictions to cash payment?
Yes, there are restrictions on cash payments. In order for this to be a school-sponsored SLE, the student must be paid by check with the normal deductions. There must be an official record of the student’s SLE employment. “Under-the-table” cash payments to students are not permitted.
Is reporting is required for adult students or others (other includes substitute teachers, contractors working on district property, etc.) in a state-approved CTE day program (students would have high school diploma or equivalent, may or may be special needs students)?
Yes – treat them as other adults rather than students in the reporting.
Is reporting required for some youth and mostly adult students in an evening CTE program that is not state-approved and is not taught by certified teachers (students enrolled independently, not operating under CIP codes)?
No – they are enrolled on their own and not as part of a secondary school program.