Unpaid Work Experience (WEX) Overview
Unpaid WEX, CS and SCS are federal core work activities which count towards the WPR. All are unpaid work activities in which the training assignment can only take place in the public or private non-profit sector. These activities are designed to provide clients with practical hands-on training, recent work history, employment references and help to develop positive work ethics in order to expedite their transition to paid employment.
In California unpaid WEX, CS and SCS assignments are subject to the FLSA requirements. As a result, the number of hours of participation for these activities is determined by adding the monthly CalWORKs grant and CalFresh allotment, then dividing the sum by the state minimum wage.
Unpaid Work Experience (WEX)
Unpaid WEX is training in the public or private nonprofit sector that helps provide basic job skills and enhances existing job skills in an occupation related to the client’s experience. It is a federal core work activity. The purpose of work experience is to improve the employability of a client. All unpaid WEX worksite sponsors; worksite development and placement; and monitoring is conducted by designated CWES AEC/EC.
Community Service (CS)
CS is training that is temporary and transitional. CS is performed in the public or private nonprofit sector and provides basic job skills that may lead to employment while meeting a need in the community. It is a federal core activity. CS programs are designed to improve the employability of a client with basic job skills who otherwise cannot obtain employment and must be supervised daily. All CS worksite development, placement and monitoring is conducted by Adult Education or Community College service providers.
Self-Initiated Community Service (SCS)
SCS is the same as CS except that it is initiated by the client. SCS placements may be completed by the AEC/EC, community college representatives and/or adult education representatives.
Worksite Sponsor
The worksite sponsor is the organization that has agreed to sponsor the client in either an unpaid WEX or CS assignment. The worksite sponsor is an organization or program that is in the public or private non-profit sector. The worksite sponsor has agreed to the conditions and terms of the assignment as set forth by the County or the Adult Education or Community College and FLSA guidelines.
The “EC Works Worksite Request” (SCD 1790) is completed by the sponsoring organization and Employment Connection EC. The SCD 1790 is not required for SCS.
Grant/Calculation Month
The grant/calculation month is the month prior to the activity participation month.
At the time of the calculation, the AEC/EC uses the actual CalWORKs grant and CalFresh allotment in CalSAWS for the grant/calculation month to determine the maximum hours of participation for unpaid WEX, CS and SCS assignments. The actual amount of the CalWORKs grant and CalFresh allotment authorized, if applicable, is the amount after any adjustments of overpayments or underpayments.
Activity Participation Months
The activity participation months are the months immediately following the grant/calculation month and are the months in which the client actually participates in the assigned unpaid WEX, CS or SCS activity.
Note: SCS agencies are not required to complete a formal worksite agreement, however they are required to verify client’s volunteer activities via a letter on agency letterhead. The worksite supervisor agrees to verify SCS hours by completing and signing a monthly SCD 1755A to be given to the client as verification of monthly participation hours. CS agencies must have a worksite agreement with the County.
Maximum Hours of Participation
The maximum hours of participation allowed for an unpaid WEX, CS, or SCS assignment are based on FLSA requirements using the CalWORKs grant and CalFresh allotment received in the grant/calculation month. The number of FLSA hours is determined prior to referring a client to an unpaid WEX, CS or SCS worksite sponsor and must be reviewed semi-annually for any changes.
To determine the number of hours of unpaid WEX, CS, or SCS hours the AEC/EC must complete the “Simplified CalFresh Program Unpaid Work Experience and Unpaid Community Service Hours Worksheet” (WTW 15). This calculation determines the maximum number of hours that a client can be assigned to unpaid WEX, CS or SCS activities.
FLSA Calculation:
- Determine the actual CalWORKs grant amount for the grant/calculation month.
- Determine the actual CalFresh allotment authorized for the grant/calculation month for the Cal- WORKs AU members. (To determine the prorated amount for mixed households, take the total household CalFresh allotment and divide it by the number of CalFresh AU members in the house- hold). Multiply this amount by the number of CalWORKs grant AU members in the household.
- Determine the total benefits paid for the grant/calculation month (add the actual CalWORKs grant amount in Step 1 to the actual CalFresh allotment in Step 2).
- Divide the total benefits in Step 3 by the current state minimum wage.
- Convert the monthly amount in Step 4 to a weekly amount by dividing by 4.33 (average number of weeks per month). This is the maximum number of weekly hours a client can be assigned to an unpaid WEX, CS or SCS activity.
- Determine whether the number of hours of participation in WTW is 20, 30 or 35 hours per week from Step 5 to determine if there are any unmet hours per week. If there is, the client must be assigned to additional WTW activities.
- The WTW 15 must be completed when the initial referral to an unpaid WEX, CS or SCS activity is made. It must be reviewed at the end of the activity or if there is a change to the CalWORKS grant or CalFresh allotment will benefit the client. If there is NO change in the client’s CalWORKs grant and CalFresh allotment amounts, a revised WTW 15 is not required.
- If there is a change in the CalWORKs grant or CalFresh allotment amount then a new WTW 15 will be required and both the client and worksite sponsor must be informed of any changes. This action must be documented in the Journal Detail page window in CalWIN.
Unmet Hours of Participation - Deeming
Clients in unpaid work activities such as WEX, CS, or SCS whose hours are limited by FLSA, are determined to have met the federal core requirement through “deeming” as long as the balance of hours (non-core or additional federal core in non-FLSA activities) meet the 20/30/35 weekly participation requirements.
A client may not volunteer to participate in additional unpaid WEX, CS, or SCS hours beyond the maximum hours of participation calculation based on the WTW 15. The client must be assigned a concurrent activity (another core or non-core) for the balance of required weekly hours. For two parent households, the FLSA hours are calculated for the AU, not for each parent.
A single parent with a child less than six (AU of 2) has signed a CalWORKs federal standards plan with CS and GED. She is receiving $577 in CalWORKs and does not qualify for CalFresh. After dividing the total benefits of $577 by the $15/hour state minimum wage effective January 1, 2022, and dividing by the 4.33 weekly factor, the maximum FLSA hours are 8. Since she is not allowed to participate 9 additional hours in CS, the 9 hours are “deemed’ as meeting federal core (considered to have met the core requirement), because client is enrolled in GED for the balance of hours (9), meeting the required minimum of 20 hours per week.
A single parent with two children over age six (AU of 3) has signed a CalWORKs federal standards plan with unpaid WEX. The parent is receiving $714 in CalWORKS and $395 in CalFresh benefits. After dividing the total benefits of $1,109 by the $15.00/hour state minimum wage effective January 1, 2022, and dividing the 4.33 weekly factor, the maximum FLSA hours are 17. There is no deeming of federal core hours in this situation, because the required federal core hours of 20 is less than the FLSA calculation. The EC can add non-core or federal core hours to the plan to meet the 30 hour participation requirement.
A two parent household with a child over six (AU of 3) has signed a CalWORKs federal standards plan. Each parent participates in a Community Service (CS) activity. The AU is receiving $714 in CalWORKS and $495 in CalFresh benefits. After dividing the total benefits of $1,209 by the $15.00/hour state minimum wage effective January 1, 2022, and computing the 4.33 weekly factor, the maximum FLSA hours are 18. Since each participates in CS, they are required to share the 18 hours. One of the parents participates in ESL 17 hours per week (the 17 hours can be shared between the two parents), meeting the required 2-Parent minimum of 35 hours per week. The parents’ CS hours are deemed to have met federal core requirement, because combined, they are meeting the required minimum of 35 hours per week.
Related Topics
Unpaid Work Experience (WEX) Referrals to Unpaid WEX and CS Worksites
Unpaid Work Experience (WEX) Referral Process for CS and Adult Education
Unpaid Work Experience (WEX) Support Services