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WD Letter 13-10, Attachment 1 Texas Back-to-Work Initiative

By Cindy Young,2014-05-06 12:51
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WD Letter 13-10, Attachment 1 Texas Back-to-Work Initiative

Insert Board Logo Insert Board Information

    Texas Back-To-Work Initiative

    Worksite Agreement

    Purpose: To provide reimbursement of a portion of wages paid in order to offset costs associated with training and developing

    the employee into the employer’s regular workforce.

    Work Opportunity Tax Credit (WOTC): The hiring of this participant MAY allow the employer to receive a federal tax credit

    under the WOTC program. Employers must complete and submit the request for certification to the Texas Workforce

    Commission (TWC) within 28 days of the participant’s first day of work. Request for certification does not guarantee approval. Contact the TWC WOTC Unit at 1-800-695-6879 for additional information.

    This agreement is hereby entered into between the Texas Back-to-Work employer, , hereafter known as the Employer, and Workforce Solutions , hereafter known as the Board.

    This agreement sets forth the conditions with which the Employer must comply as a condition of participation in the Texas Back-to-Work

    Initiative.

    Contracting Employer Information:

    Employer Name Federal Employer Identification # State UI Tax # Fax # Worksite Phone #

Mailing Address City, State Zip Code Authorized Contact

Worksite Address (if different) City, State Zip Code Worksite Supervisor (if applicable)

    EMPLOYER AGREES: A. Program Participation:

    1) To comply with all requirements of the provisions of federal and Texas state laws for the Texas Back-to-Work Initiative;

    2) To comply with Board requirements in regard to providing timecards, timesheets, etc., for the purpose of processing

    subsidy reimbursement;

    3) To permit the Board and/or TWC to audit and verify the claims made by the Employer;

    4) To notify the Board prior to or immediately upon participant termination from employment;

    5) To the extent permitted by the Texas Constitution and the Texas Tort Claims Act, to indemnify, defend, and hold harmless the

    State of Texas and TWC and its officers, agents, and employees from all claims, lawsuits, and actions of whatever nature

    brought against those parties which arise from the Employer’s performance or omissions under this agreement.

    B. General Employer Responsibilities:

    1) To maintain health, safety, and working conditions at or above levels generally acceptable in the industry and no less than

    comparable jobs of the Employer;

    2) To not deny employment, exclude from benefits, or allow any participant to suffer because of race, color, religion, sex, national

    origin, age, temporary medical condition, mental disability, physical handicap, or political affiliation or belief;

    3) To not create a position that will infringe on any of the promotional opportunities of currently employed individuals;

    4) That said company is not involved in a strike, lockout, or labor dispute;

    5) Upon completing the program and satisfying the requirements described herein, the Employer will be eligible to receive a wage

    and training subsidy based on the total amount of time the qualified individual remained actively employed. The total amount

    for which the Employer is eligible per qualified individual is $2,000. However, if the employee is terminated prior to

    reaching the 120-day benchmark, the Employer may be eligible to receive the amount that corresponds to the benchmark that

    was completed (30, 60, or 90 days, defined as consecutive 24-hour periods based on the calendar). The retention periods and

    corresponding total subsidy amounts are as follows:

    ? 3059 days$800

    ? 6089 days$1,400

    ? 90119 days$1,800

    ? 120 or more days$2,000

    6) To submit an invoice of each month’s employment to the Board at with the following payroll documentation for each

    employee:

    ? Copy of check proof with company name, address, and employee name showing hours worked and payroll per pay period.

    OR

    WD Letter 13-10, Attachment 1 1

    ? Copy of check stub with company name, address, and employee name showing hours worked and payroll per pay period.

    7) To submit hire and termination information on all individuals referred to the Employer through this program to the Board at . 8) To pay all participants at least the hourly rate of the Texas minimum wage, and not pay a wage that is substantially less than the

    wage paid for similar jobs in the local economy, with appropriate adjustments for experience and training;

    9) To ensure that the position is for regular employment, not seasonal or temporary, with a definite release date;

    10) To withhold and/or pay, in accordance with state and federal law, all required deductions for state and federal income tax, Social

    Security tax, and unemployment insurance tax, from participant wages;

    11) To consent to the taking and publication of photographs and videos of Texas Back-to-Work Initiative participants at the worksite,

    by a duly authorized representative of the Board with approval of TWC Communications.

    12) To maintain fiscal and other Employer records pertinent to this agreement. The Employer shall provide TWC and the Board

    access to such records. All such records shall be retained and kept accessible for three years following final payments and

    conclusions of all pending matters;

    13) To maintain all records of the participant as confidential, as required under federal and state law.

    C. Employer Responsibilities to Participants:

    1) To endeavor to make Texas Back-to-Work Initiative placements positive learning and training experiences;

    2) To consider participants as regular employees of the Employer who shall be entitled to benefits required by state or federal law

    or company policy;

    3) To provide a job description to the participant upon offer of work and ensure that the participant is employed in said job;

    4) To provide participants with a regular work schedule of no less than 30 hours per week;

    5) To provide all training to the degree necessary for the participants to perform their duties;

    6) To provide sick leave and holiday and vacation absences in conformity to the Employer’s rules for regular employees;

    7) To limit participants from political or sectarian activities during work hours.

    I have read this agreement and understand the Texas Back-to-Work Initiative conditions. I hereby attest that I am currently and will continue to adhere to all applicable conditions of the Texas Workforce Commission rules and regulations, the Texas Labor Code, the Texas Unemployment Compensation Act, and the federal Fair Labor Standards Act. Additionally, I will not intentionally

    displace any regular employees in order to participate in this initiative.

Agreed By:

_________________________________ _____________________________________ ________________

    Texas Back-to-Work Employer (Print) Texas Back-to-Work Employer (Sign) Date

    BOARD AGREES:

    D. Board Responsibilities:

    1) To provide the Employer with individuals who are ready and willing to work.

    2) To reimburse the Employer in a timely manner either monthly or in one payment at the conclusion of the subsidized period, an

    amount equal to a total of $2,000 for each referred and hired UI Claimant upon receipt of documentation required in B6 above.

    Total amount will be made payable as follows:

    ? $800 earned/payable after the first month of employment

    ? $600 earned/payable after the second month of employment

    ? $400 earned/payable after the third month of employment

    ? $200 earned/payable after the fourth month of employment

    3) If the Board finds that an Employer has violated any of the rules of the Texas Back-to-Work Initiative, the Board shall withhold

    any amounts due the Employer and may seek repayment of any amounts paid to the Employer under this agreement. In addition,

    if the Employer fails to comply with this agreement or the Board’s program requirements, the Board may immediately terminate

    this agreement with notice.

    4) To actively solicit feedback from employers in order to improve the quality of candidates offered for hire to their positions.

Agreed By:

________________________________________ _______________________________________

    _____________________

    Board Representative (Print) Board Representative (Sign)

    Date

    Mail Original Worksite Agreement to: Workforce Solutions

     , , Texas

    WD Letter 13-10, Attachment 1 2

    TEXAS BACK-TO-WORK INITIATIVE

    PARTICIPANT INFORMATION

    The attached agreement sets forth the conditions with which the Employer must comply as a condition of participation in the Texas Back-to-Work Initiative for employing the following participants:

    PARTICIPANT #

    Name: Social Security Number: Job Title: Hours per Week:

Start Date: End Date: First Pay Date: Hourly Wage Range:

    At start $ ; after weeks $

PARTICIPANT #

    Name: Social Security Number: Job Title: Hours per Week:

Start Date: End Date: First Pay Date: Hourly Wage Range:

    At start $ ; after weeks $

PARTICIPANT #

    Name: Social Security Number: Job Title: Hours per Week:

Start Date: End Date: First Pay Date: Hourly Wage Range:

    At start $ ; after weeks $

PARTICIPANT #

    Name: Social Security Number: Job Title: Hours per Week:

Start Date: End Date: First Pay Date: Hourly Wage Range:

    At start $ ; after weeks $

PARTICIPANT #

    Name: Social Security Number: Job Title: Hours per Week:

Start Date: End Date: First Pay Date: Hourly Wage Range:

    At start $ ; after weeks $

WD Letter 13-10, Attachment 1 3

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