Frequently Asked Questions
Eligibility/Enrollment
Can an individual who lost a job due to Opioid use, but is now in recovery and looking to get back into the workforce, be eligible for this program?
- Look into the long-term unemployed eligibility option: "Can demonstrate a long attachment to the labor force (see definition below), but is now long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides. This may include older individuals who may have substantial barriers to employment by reason of age." Learn more about program eligibility.
Can an individual who had to stop working to take care of family members impacted by the opioid epidemic (grandkids) –be served with this grant?
- Look into the long-term unemployed eligibility option: "Can demonstrate a long attachment to the labor force (see definition below), but is now long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides. This may include older individuals who may have substantial barriers to employment by reason of age." Learn more about program eligibility.
Is attachment to the labor force required under the eligibility categories of "Temporarily or permanently laid off as a consequence of the disaster" and "Long-term unemployed?" If not, would they need to have been laid off within a certain number of recent years?
- Short answer is no. The State's policy definition for long-term unemployed is 15 wks. Local area must be able to show that the individual was laid off due to the disaster.
WIOA requires that eligible individuals must be have been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center. However, it does not define "sufficient duration." However, program staff will be providing additional clarifications in the upcoming weeks.
How is "significantly underemployed" defined for self-employed individuals?
- The DW Eligibility policy defines Underemployed/Interim Employment as:
- Is otherwise eligible for the Dislocated Worker program but meets the definition of "underemployed" outlined in a local provider's policy. For instance, an individual who is dislocated from a fulltime job who has found part-time employment may still be considered a dislocated worker.
- Is otherwise eligible for the Dislocated Worker program, but accepted a job that provides essential, transitory income while a person participates in the DW program. Interim employment must not be with the employer that originally dislocated the worker, nor with that employer via third party contract or any other basis. Interim employment must be temporary, with a clear intent to leave the work at the completion of the program, in favor of permanent, unsubsidized employment. Interim employment does not have to be part-time; but service providers must be cautious in allowing participants to engage in employment that may preclude effective program participation, particularly if training is involved." Learn more about program eligibility.
Please share the co-enrollment table to provide guidance with program enrollment.
Are there any updates to WF1 to facilitate with eligibility for the OMNI grant enrollment?
- New Questions on WF1 – "Do you, family, friends have a history of opioid abuse?" this question is voluntary, but helpful for assessing if we need to scale the Opioid grant statewide. Also, please be aware that answers to these questions are confidential and should be treated as such, using processes and procedures already in place.
Is self-attestation (signed and dated by the participant) sufficient documentation for establishing eligibility as well as other criteria such as "attachment to workforce"?
Are individuals who are receiving Pandemic Unemployment Assistance (PUA) eligible to be enrolled as Dislocated Workers under OMNI?
What impact does income from temporary disaster-relief employment (DRE) have on UI?
Is an individual eligible for OMNI if they meet any of the 8 Federal or State definitions of Dislocated Worker?
- Note that TEGL 12-19 states that eligible participants are dislocated worker as defined by WIOA Section 3(15), which does not include Veteran Separated in the Last 3 Years or Underemployed/Interim. TEGL 4-18 states dislocated workers are eligible participants, but does not specify if it's the WIOA definition only or if it includes the 8 definitions outlined in the DEED eligibility policy.
- Since DWGs are funded by WIOA, WIOA law must be followed. If the eligibility is only in Minn. Stat. 116L.17 they are generally not eligible for WIOA funding. Since DWGs now allow for long-term unemployed (state's definition of 15 weeks) that criteria, previously only allowed for State DW funded participants, is now allowed.
- Veterans needing DW services receive priority over any other dislocated worker.
- *"TEGL No. 3–15 (''Guidance on Services Provided through the Adult and Dislocated Worker Program under the Workforce Innovation and Opportunity Act (WIOA or Opportunity Act) and Wagner Peyser, as Amended by WIOA, and Guidance for the Transition to WIOA Services''), dated July 1, 2015 that separating service members meet the eligibility requirements for dislocated worker activities. This regulation will ensure that service members will have access to the full array of services available through the one-stop delivery system."
- *It does say in 29 USC 3102 (3)(15) related to veterans is that their spouses are eligible for DW too." (i) is the spouse of a member of the Armed Forces on active duty (as defined in section 101(d)(1) of title 10), and who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty and who meets the criteria described in paragraph (16)(B)."
- Eligibility:
- General dislocation
- Mass Layoff type dislocation
- Self-employed
- Displaced homemaker
- Separating Armed services member
- Service Member's spouse
- Long-term unemployed (15 wks)
Does the individual need to be laid off "through no fault of their own" for OMNI funding? If yes, can you clarify what that means? Would they be eligible if they quit a job?
- Yes, individuals need to be laid off through no fault of their own. It depends; say they quit to take care of grand kids whose parents had opioid use disorders and are using the "long-term unemployed" as an eligibility basis, then yes, they could be eligible. Contact the program manager to inquire about a specific case.
We understand that we are able to use the State's definition of long-term unemployed, which means that the individual has been unemployed for at least 15 of the last 52 weeks. They must also have long-term attachment to an occupation, which is defined as working in the same occupation for at least 6 of the last 36 months. Is there any way to eliminate or redefine long-term attachment for the OMNI & COVID grants?
- Yes, DEED is working on a waiver for the "long-term attachment to the workforce for both DWG grants. Contact the program manager for additional information.
Do we follow local policy on self-employment or are there any other parameters?
- These are the parameters in 29 USC 3102 (3)(15)…. "was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters;"
- Governors and Local WDBs may also develop policies for determining the eligibility of self-employed individuals, including family members and farm workers or ranch hands under WIOA sec. 3(15)(C).
Are there any "talking points" about the opioid question? Clients may fear to answer yes at the point of application because of the stigma or not knowing how the information will be used.
- No talking points document has been created at this time. This information is entirely voluntary, can refer to the individual, their friends, or their family (per the wording of the question) which should provide some anonymity. DEED understands the stigma associate with opioid use and you can assure individuals that the only record of their response will be Yes or No in WF1 and that their personal information within the system is protected.
Disaster-Relief Employment
Is there a wage cap for the disaster-relief employment positions?
- See TEGL 12-19. The worksite employer that provides participants temporary disaster-relief employment under a Disaster Recovery DWG is required to pay the higher of the Federal, state, or local minimum wage, or the comparable rates of pay for other individuals employed in similar occupations by the same employer. In accordance with WIOA Section 181(a)(1)(A), generally, participants must be compensated at the same rates, including periodic increases, as employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills. Additionally, such rates must be in accordance with applicable law but in no event less than the higher of the rate specified in Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 USC 206(a)(1)) or the applicable state or local minimum wage law. Where applicable, fringe benefits should be paid in accordance with the policies of the worksite employer. The wages paid to temporary disaster-relief workers must be consistent with the wages of the supervising entity's other employees - permanent or temporary - performing the same or similar work. Grantees must apportion DWG funding allocated for wages of the temporary workers to only the chosen worksite employer for the Disaster Recovery DWG project. There is no limitation on what type of entity may be a worksite employer.
We are planning to use OJTs and Work Experience for disaster relief employment. Are there other models we could be using?
- OJTs and Work Experiences are not temporary employment. Contact the program manager to determine other models.
Are you able to share any examples of employer contracts to use for implementing this program?
Can providers bundle wages, taxes, insurance, and training/supervision costs into one hourly rate for each employee?
- Fringe benefits should be paid in accordance with the policies of the worksite employer.
Other
Performance was requested to be lowered for this grant on the initial application. Any updates about this request?
