DLLR's Division of Workforce Development has submitted to the U.S. Department of Labor the following waiver requests for approval. Comments should be directed by
July 15, 2009 to Sharon Harris at the following e-mail address:
sharris@dllr.state.md.us
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Waiver of the required 50 percent customized training employer match
Waiver Request
The Maryland Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I program for the twelve local workforce areas within Maryland, request a waiver of WIA Section 663.715 (c) related to the statutory exclusion and regulatory prohibition of the customized training required minimum employer payment of 50 percent of the cost of training. The statutory minimum required payment has been determined to be the single greatest deterrent for employers in Maryland who had considered customized training as a means to access or develop workforce skills necessary for growth in their respective industries. A sliding scale for the employer matching cost component will create more incentive for employers to participate in customized training that achieves high-skill, high-demand and/ or high wage attainment.
The proposed scale will range from 10 to 50 percent, based on the following characteristics: the type of training, size of the business, number of persons being trained, the hiring needs of the employer, and industry or skill demand. Characteristics measurement will be based on alignment with Maryland's Strategic State Workforce Investment Plan, which focuses on training and programs that achieve high-skill, high-demand, high wage occupations and industries. The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will develop the sliding scale and processes for application and implementation.
This waiver request follows guidelines identified in WIA 189 (i)(4)(B) and 20 CFR Section 661.420 (c).
Statutory Regulations to be Waived
The WIA Section 101 (8) and Title CFR 663.715 (c) dealing with the 50 percent match requirement.
Waiver Duration
July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.
Goals and Expected Programmatic Outcomes if Waiver is Granted
- Increased flexibility at the local level to offer tailored businesses training solutions to respond to the specific needs of the businesses
- Elevated skill proficiencies for workers that will result in increased worker viability
- Increased responsiveness to labor market issues in the private sector
- Increased capability to attract new businesses into Maryland
- Increased percentages of employers using customized training as a means of hiring and retaining a skilled workforce
- Increased percentages of workers trained and hired through customized training programs
State or Local Statutory or Regulatory Barriers
There are no state or local statutory or regulatory barriers to implementing the waiver.
Individuals Impacted by the Waiver
Employers will benefit because this waiver will allowing access to customized training at a reduced cost. It will allow businesses to more readily adapt to changes in technology and the marketplace. Businesses will be capable of expanding or remaining competitive with affordable, customized training options, uniquely designed to achieve their specific developmental goals.
The waiver will also benefit Adults, Out of-School Youth and Dislocated Workers who are eligible for services under WIA by the availability of customized training options. The eligible individuals who are most likely to benefit are those who have multiple barriers to employment, low basic skills or limited English language proficiency.
Process to Provide Notice to any Local Board Affected by the Waiver
Should this waiver be granted, The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on the
DLLR's website.
Process used to Monitor Progress in Implementing the Waiver
The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Rapid Response
Waiver Request
The Department of Labor, Licensing and Regulation (DLLR), administrative entity for WIA Title I programs, requests a waiver to permit the transfer of a portion of the funds reserved for rapid response activities in WIA Section 134(a)(1)(A) to the Statewide Reserve. The waiver would allow states to use up to 50% of the rapid response funds to provide other required and allowable statewide activities. It would allow the State to assist local areas in carrying out adult and dislocated worker employment and training activities. It would also allow the state to provide additional assistance to local areas that have high concentrations of eligible youth, and to carryout youth activities statewide.
This waiver request follows guidelines identified in WIA Section 189(i)(4)(B) and 20 CFR Section 661.420-430.
Waiver Duration
PY09 funding and subsequent years or upon re-authorization of the Workforce Investment Act.
Statutory and Regulatory Sections to be Waived
WIA Section 134(a)(1)(A), Section 134(a)(1)(B), 20 CFR 665.110
Goals and Expected Programmatic Outcomes if Waiver is Granted
This waiver would support state-level activities. It will also allow the State of Maryland to respond to the current economic climate.
This waiver will allow for the continuation of the state-local partnership that provides Statewide Activities funds to meet real-time business training needs.
State or Local Statutory or Regulatory Barriers
There are no state or local statutory or regulatory barriers to implementing the waiver.
Individuals Impacted by the Waiver
This waiver is expected to benefit local workforce areas, employers, WIA customers.
Process to Provide Notice to any Local Board Affected by the Waiver
Should this waiver be granted, The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on the
DLLR's website.
Process used to Monitor Progress in Implementing the Waiver
Maryland's program and fiscal monitoring system has been developed with input from the U.S. Department of Labor's Employment and Training Administration Region 2 Office. The State's performance tracking system continually assesses the effectiveness of our WIA program. The State will pay specific attention to the effects of implementing this waiver.
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Transfer of Workforce Investment Act (WIA) Title I Funds between the Adult and Dislocated Worker Funding Streams
Waiver Request
The Governor's Workforce Investment Board (GWIB) and the Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I programs, request the renewal of a waiver of the legislative provisions, calling for the transfer of no more than 20% of a program year's allocation between Adult and Dislocated Worker program. The waiver would grant individual LWIBs, with State approval, the ability to transfer up to 50% of each program year allocation between the Adult and Dislocated Worker funding streams, beginning in Program Year 2009.
Waiver Duration
July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.
Statutory Regulations to be Waived
Statute: P.L. 105-220, WIA Section 133(b)(4)(A), and Regulations: 20 CFR, WIA Final Rules Section 667.140 (a). These sections provide that with the approval of the Governor, Local Workforce Investment Boards (LWIBs) may transfer up to 20% of a program year's allocation for adult employment and training activities, and up to 20% of a program year's allocation for dislocated worker employment and training activities between the two programs.
In Maryland, twelve Local Workforce Investment Areas (LWIAs) are comprised of diverse communities and labor markets that represent unique challenges to the provision of WIA services. In addition, the disproportion of Marylanders residing in the state's Baltimore and Suburban Washington metropolitan areas, which account for 82% of the state's population, versus those who reside in large rural areas, reflects the need for maximum flexibility in the transfer of funds. Throughout non-metropolitan areas, the majority of businesses employ fewer than fifty (50) people and employee turnover is minimal. In contrast, metropolitan areas are headquarters for some of the state's largest employers.
The Governor's Workforce Investment Board has consistently advocated for local alliances that strengthen the level and mix of services to job seekers, as well as streamlining service delivery. However, local decisions have been constrained at times by Federal rules that limit funding and thus, services to adults and dislocated workers. Maximum flexibility in the transfer of funds would help ensure that services to both adults and dislocated workers would be maintained at levels sufficient to meet the distinct needs of each group. This flexibility would also help support local service plans that must integrate the cultural, educational, and employment related needs unique to each workforce community.
State and Local Regulatory Barriers:
There are no state or local regulatory barriers to implementing the waiver.
Goals and Expected Programmatic Outcomes if Waiver is Granted
- Enhance the ability of local boards to respond to workforce and economic dynamics within their local areas;
- Increase local flexibility in the design of Adult and Dislocated Worker service plans;
- Improve performance outcomes;
- Improve the ability of local boards to design programs and provide targeted assistance in response to customer needs; and
- Enhance the local board's ability to respond to employer needs for workers trained in employer-specific skills.
Programmatic Outcomes to be Achieved by the Waiver:
The responsibility of each LWIB is to plan, oversee and evaluate the delivery of WIA employment and training programs in their respective areas through the One-Stop service delivery system. Because of Maryland's size, its population distribution, its cultural diversity, and the remoteness of many of the communities, customer needs vary greatly from one local workforce investment area to another. The flexibility to transfer funds between the Adult and Dislocated Workers programs allows LWIBs to respond more effectively to their individual communities.
With this waiver, LWIBs would be obliged to design programs that speak to the services priorities among their customers and that lead to customer employment and self-sufficiency. The waiver would also position Maryland's workforce as better skilled and more competitive in the wake of a broader economic picture.
Individuals Impacted by the Waiver
This waiver is expected to benefit LWIBs, One-Stop partner programs, employers, service providers and WIA customers.
- LWIB will have the flexibility to design programs based on local needs and priorities.
- One-Stop partner programs will be able to better align their service offering with those of the local WIA programs.
- Employers will be better served through participants that acquire skills specific to each employer's needs.
- WIA program participants will receive services appropriate to the participant group(s) for which they are eligible.
- Increased utilization of funds will result in more participants being served in the aggregate.
Process used to Monitor Progress in Implementing the Waiver
The Maryland Department of Labor, Licensing and Regulation will monitor the implementation and impact of the waiver through the program and administrative monitoring system.
Process to Provide Notice to any Local Board Affected by the Waiver
Should this waiver be granted, The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on the
DLLR's website.
State of Maryland
Department of Labor, Licensing and Regulation
Division of Workforce Development
Waiver Request
Waiver of the required maximum 50 percent OJT employer reimbursement
Waiver Request
The Maryland Department of Labor, Licensing and Regulation (DLLR), the administrative entity for Workforce Investment Act (WIA) Title I program for the twelve local workforce areas within Maryland, request a waiver of WIA Section 663.710 (b) related to the statutory exclusion and regulatory prohibition of the maximum On-the-Job Training (OJT) reimbursement This wavier will allow a change to the maximum employer reimbursement for OJT training from the current 50 percent of the wage rate. The waiver request seeks to allow Maryland to reimburse the employer on a graduated scale based on the size of the business. Under the waiver, the following reimbursement amounts will be permitted: 1) up to 90 percent for employers with 50 or fewer employees, and 2) up to 75 percent for employers with more than 50 but fewer than 100 employees. For employers with 100 or more employees, the current statutory requirements will continue to apply. The statutory maximum reimbursement has been determined to be a deterrent for small employers in Maryland that had considered OJT as a means to develop workforce skills necessary for growth in their respective industries. A graduated scale of reimbursement will create more incentive for small employers to participate in OJT that achieves high-skill, high demand and/or high wage attainment and family sustaining jobs.
As required by 20 CFR 663.700, the length of an OJT will still be determined by the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant's individual employment plan. No reimbursement greater than 50 percent will remain in effect longer than three months.
Approval of this waiver will be especially beneficial to small businesses that provide most of the new jobs being created in the Maryland.
This waiver request follows guidelines identified in WIA 189 (i) (4) (B) and 20 CFR Section 661.420 (c).
Statutory Regulations to be Waived
The WIA Section 101 (31) (B) and Title CFR 663.710 (b) dealing with the OJT reimbursements.
Waiver Duration
July 1, 2009 through June 30, 2010, or upon the re-authorization of the Workforce Investment Act.
Goals and Expected Programmatic Outcomes if Waiver is Granted
- Increased percentages of employers using OJT as a means of hiring and retaining a skilled workforce
- Increased number and percentages of workers trained and hired through OJT programs
- Elevated skill proficiencies for workers that will result in increased worker viability
- Increased responsiveness to labor market issues in the private sector
- Increased flexibility at the local level to offer businesses training solutions tailored to respond to the specific needs of the business
State or Local Statutory or Regulatory Barriers
There are no state or local statutory or regulatory barriers to implementing the waiver.
Individuals Impacted by the Waiver
Employers will benefit from this waiver allowing OJT at a reduced cost. It will allow businesses to more rapidly adapt to changes in technology and the marketplace. Businesses will be capable of expanding and remaining competitive with affordable OJT options uniquely designed to achieve their specific developmental goals. This waiver will make OJT a much more viable option, especially for small businesses looking to get started or expand.
The waiver will also benefit Adults, Dislocated Workers and Out-of-School Youth who are eligible for services under WIA by the availability of OJT options.
Process to Provide Notice to any Local Board Affected by the Waiver
Should this waiver be granted, The Maryland Department of Labor, Licensing and Regulation, Division of Workforce Development and Adult Learning will issue a Workforce Investment Field Instruction (WIFI) that will be disseminated to Local Workforce Investment Areas. The WIFI will also be posted on the
DLLR's website.
Process used to Monitor Progress in Implementing the Waiver
The Maryland Department of Labor, Licensing and Regulation (DLLR) will monitor the implementation and impact of the waiver through the program and administrative monitoring system.
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