(a) All occupational training must be for occupations for which
there are employment opportunities in the local area or another area to
which the participant is willing to relocate. (WIA sec.
134(d)(4)(A)(iii).)
(b) INA grantees must provide OJT services consistent with the
definition provided in WIA section 101(31) and other limitations in the
Act. Individuals in OJT must:
(1) Be compensated at the same rates, including periodic increases,
as trainees or employees who are similarly situated in similar
occupations by the same employer and who have similar training,
experience, and skills; and (WIA sec. 181(a)(1).)
(2) Be provided benefits and working conditions at the same level
and to the same extent as other trainees or employees working a similar
length of time and doing the same type of work. (WIA sec. 181(b)(5).)
(c) In addition, OJT contracts under this title must not be entered
into with employers who have:
(1) Received payments under previous contracts and have exhibited a
pattern of failing to provide OJT participants with continued, long-
term employment as regular employees with wages and employment benefits
and working conditions at the same level and to the same extent as
other employees working a similar length of time and doing the same
work, or
(2) Who have violated paragraphs (b)(1) and/or (2) of this section.
(WIA 195(4).)
(d) INA grantees are prohibited from using funds to encourage the
relocation of a business as described in WIA section 181(d) and 20 CFR
667.268.
(e) INA grantees must only use funds for activities which are in
addition to those that would otherwise be available to the Native
American population in the area in the absence of such funds. (WIA
Sec. 195(2).)
(f) INA grantees must not spend funds on activities that displace
currently employed individuals, impair existing contracts for services,
or in any way affect union organizing. (WIA Sec. 181(b).)
