WIOA process for people age 25 and older

Page posted: 2/21/17 / Page reviewed: / Page updated:
Legal authority / Workforce Innovation and Opportunity Act (Pub. L. 113 -128), Limitations on Use of Subminimum Wage (34 C.F.R. §397)
Overview / Vocational Rehabilitation Services (VRS), a unit in the Department of Employment and Economic Development (DEED), is contracting with Minnesota’s Centers for Independent Living (CIL) to coordinate the WIOA-required, informed choice process for people age 25 and older. This process is called career counseling, information, and referral (CCI&R).
This page explains:
1. The career counseling, information, and referral (CCI&R) process
2. WIOA requirements for people age 25 and older who:
  • Currently earn subminimum wages
  • Do not currently earn subminimum wages
3. Lead agency responsibilities.
Career counseling, information, and referral / The career counseling, information and referral process includes the following steps.
Step 1
CIL staff work with subminimum-wage employers to schedule career counseling,information and referral presentations and one-on-one meetings.
Step 2
During the presentation, CIL staff provide an overview of the career counseling, information, and referral services for peopleand their parents/legal guardians. This presentation is meant to help parents/legal guardians understand what this process will include and why it is happening.
Step 3
During one-on-one meetings, CIL staff hold meaningful conversations with a person about competitive, integrated work.In many cases, these meetings will occur right after the overview presentation highlighted in Step 2.
Step 4
After the one-on-one meeting, CIL staff document "yes" or "no" as to whether the person wants competitive, integrated employment. The person receives a form documenting that a discussion about competitive, integrated work happened.
Step 5
If the person wants to seek competitive, integrated employment:
  • CIL staff will meet with the person and his or her support team to develop an action plan, including identifying the resources available to help.
If the person doesn’t want to seek competitive, integrated employment, the person:
  • Can continue to earn a subminimumwage
  • Needs to give a copy of the informed choice form he or she received from CIL staff to the subminimum-wage employer.

Currently earnssubminimum-wages / If a person age 25 or older currently earns subminimum-wages, he or she can continue to do so. But, he or she must receive career counseling, information, and referralservices:
  • Every six months of the first year of earning a subminimumwage
  • Annually thereafter.

Does notcurrently earn subminimum-wages / A personage 25 or older who doesnot currentlyearn subminimumwages may startto do so without first accessing vocational rehabilitation services. He or shemust, however, receive career counseling, information and referral services:
  • Every six months of thefirst year of earning a subminimum-wage
  • Annually thereafter.

What happens if someone refuses to participate? / If a person refuses to participate in the WIOA process, he or shecannot be paid subminimum wages.
Secondary information / A person can work in a competitive, integrated job part-time and also earn subminimum wages in a different position. In this scenario, the person muststill participate in the WIOA process to have a discussion about if she or he wants to continue to work for subminimum wages.
Lead agency responsibilities following the WIOA CCI&R process / After the following the WIOA career counseling, information, and referral process, the lead agency has the following responsibilities.
People who want competitive, integrated work
If the person wants competitive, integrated work, the lead agency must ensure all goals and service authorizations in the person’s support planreflect the competitive, integrated employment goal.
People who want to earn subminimum-wages
If the person wants to earn subminimum-wages, the lead agency must:
  • Address with the person any perceived barriers to competitive, integrated employment
  • Provide information about employment options.
The lead agency can authorize day training and habilitation (DTH), prevocational or supported employment services, and the person can earn a subminimum wage while receiving those services.
Additional resources / CBSM – Workforce Innovation and Opportunity Act (WIOA)
CBSM – WIOA myths and realities
CBSM – WIOA process for people under age 25
CBSM – WIOA scenarios
DB101 – Three steps to improve work outcomes
DB101 – Informed Choice Toolkit (PDF)