1. (a) A Board shall ensure that services are available to assist Choices individuals with obtaining employment as quickly as possible and, if employed, with retaining employment. These services may include:

   1. (1) job readiness and job search-related services;
   2. (2) work-based services;
   3. (3) post-employment services;
   4. (4) education and training services as described in this chapter; and
   5. (5) support services.

2. (b) A Board shall ensure that employment and training activities are conducted in compliance with the Fair Labor Standards Act (FLSA) as follows:

   1. (1) the amount of time per week that a recipient may be required to participate in activities that are not exempt from minimum wage and overtime under the FLSA shall be determined by the temporary cash assistance and food stamp benefits amount being divided by the minimum wage so that the amount paid to the recipient would be equal to or more than the amount required for payment of wages, including minimum wage and overtime; and

   2. (2) if a Board provides activities that meet all of the following categories set forth in this paragraph, the activity is considered "training" under the FLSA and minimum wage and overtime is not required:

      1. (A) the training is similar to that given in a vocational school;
      2. (B) the training is for the benefit of the trainees;
      3. (C) trainees do not displace regular employees;
      4. (D) employers derive no immediate advantage from trainees' activities;
      5. (E) trainees are not entitled to a job after training is completed; and
      6. (F) employers and trainees understand that trainee is not paid.
3. (c) A Board shall ensure that placement in work-based services does not result in the displacement of currently employed workers or impair existing contracts for services or collective bargaining agreements.
4. (d) A Board may, through local policies and procedures, require the use of the Eligible Training Provider Certification System (ETPS) and Individual Training Account (ITA) systems as described in 40 T.A.C. Chapter 841 to provide for Choices services for individuals participating in Choices services and paid for with TANF funds.

5. (e) A Board shall, through local policies and procedures, make available job development services, which include:

   1. (1) contacting local employers or industry associations to request that job openings be listed with Texas Workforce Centers, and other entities in the One-Stop Service Delivery Network selected by the Board;
   2. (2) identifying the hiring needs of employers;
   3. (3) assisting the employer in creating new positions for job seekers based on the job developer's and employer's analysis of the employer's business needs; or
   4. (4) finding opportunities with an employer for a specific job seeker or a group of job seekers.
6. (f) A Board shall ensure that job development services identify, at a minimum, job openings for current mandatory recipients.

7. (g) A Board shall, through local policies and procedures, make available job placement services. Job placement services shall include:

   1. (1) identifying employers' workforce needs;
   2. (2) identifying job seekers who have sufficient skills and abilities to be successfully linked with employment; and
   3. (3) matching the skills of the job seeker pool to the hiring needs of local employers.

Source Note:The provisions of this §811.21 adopted to be effective June 30, 2002, 27 TexReg 5529.