Legal and Funding Resources

Colorado has one of the strongest economies in the nation. At the same time, thousands of jobs go unfilled as Colorado employers struggle to find qualified candidates with the right skills to fill those jobs. Addressing the skills gap provides Colorado businesses an opportunity to think strategically about ways to broaden their traditional talent pipelines by engaging youth and other sources of untapped talent. Apprenticeships and other forms of work-based learning offer proven strategies for training and cultivating potential employees and are a foundational piece of creating and maintaining a strong talent pipeline for Colorado businesses. This section addresses common concerns and perceived barriers to hiring youth in the workplace. 

Work-based Learning in Colorado: Myth vs. Fact

The Myths and Facts identified below were pulled from this document created by talentFound, a partnership between the Colorado Workforce Development Council and the Colorado Department of Labor and Employment. This information has been condensed and simplified for general informational purposes and does not constitute legal advice. For more information, please consult an attorney, an HR professional, or contact the Colorado Department of Labor and Employment.

MYTH:

I can't work with minors. They must be at least 18 years old.

FACT

Minors can legally work at the age of 14., See Colorado Youth Employment Opportunity Act C.R.S. 8-12-101 et seq. Some jobs like babysitting, delivery of newspapers and non-hazardous agricultural work (if minors work with their parents) are permissible as young as age 12.
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MYTH:

Youth workers are free labor.

FACT

Work-based learning is a way for businesses to contribute to the development of future talent to ensure an appropriately skilled workforce. Internships can be either paid or unpaid. For further guidance on unpaid internships, please reference USDOL Fact Sheet 71. Apprenticeships are paid training experiences that provide a higher return on investment for employers. Youth apprentices are considered employees and workers comp coverage will be required.
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MYTH:

My industry/workplace is too dangerous for minors.

FACT

Under State law, there are 12 prohibited occupations for minors 16 and older. Under the Fair Labor Standards Act there are 18 prohibited occupations for minors who are under the age of 18. That said, the Division of Labor Standards and Statistics will consider exemptions to some provisions of the Colorado Youth Employment Opportunity Act. You can contact them at 303-318-8441, or submit an Exemption Request Form. In any case, there are many roles that young people can fill that give them exposure to your workplace and spark an interest in long-term careers in your industry.
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MYTH:

There’s too much liability at stake for our company to work with minors.

FACT

Workers’ Compensation is calculated in the same way for all workers regardless of age and is based on (a) salary and (b) the classification of the actual job the WBL student is hired to do. As a result, actual costs are low for hiring WBL students and existing protections are sufficient. Unpaid internships also allow students to gain work experience without being considered an “employee” if they are primarily on site to learn and receive no direct compensation from the company. In such cases, commercial liability insurance (companies) and high-risk accident insurance (school districts) protect students and companies. However, to classify a student as an “unpaid intern,” rather than a paid employee, specific criteria cited by the federal Fair Labor Standards Act (FLSA) must be met.
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MYTH:

Schools won’t allow students to work during regular business hours.

FACT

Through competency based education, project based learning, career and technical education (CTE) and concurrent enrollment schools are providing more flexible scheduling that helps to personalize a student’s learning experiences and can be used for work-based learning experiences. Currently 53% of school districts operate on a four day school schedule providing an entire day where students can engage freely in work-based learning activities. Students aged 16 and 17 may work anytime of the day or night, regardless of school hours, as long as restrictions on the number of daily and weekly hours are followed. Exemptions from some portions of Colorado youth law may be granted as well.
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MYTH:

HR says we can’t even bring minors on the floor of our facility.

FACT

Company policy may be the only real barrier to engaging with the most talented and qualified students. There are many ways to ensure quality and safe learning experiences that create a stronger talent pipeline for your company:
  • Partner with a third party like a nonprofit and/or school district to hire minors while they're still in high school.
  • Work with students who have completed substantial safety and training courses in your industry and/or obtained a recognized industry certification. Partnering with Career & Technical Education (CTE) programs are one way to identify these students.
  • Create an internship/part-time position to complete educational/special projects and experience various roles or departments
  • Draft a contract that defines your company’s responsibility for workers such as unpaid interns
  • Provide an umbrella accident policy to protect non-employees (job shadow students, or tour groups)
  • Funding in Colorado

    In Colorado, work-based learning is a strategy that provides individuals with opportunities to gain awareness, exposure and training for in-demand occupations and the skills needed by business and industry. Here is a list of publicly available funding resources throughout the state that can be leveraged to develop work-based learning programs (pulled from this overview published by talentFound).

    This is not an exhaustive list of funding sources. Additional eligibility requirements and deadlines may apply to secure these funding sources. Please contact the appropriate state agencies for further information and guidance on applying for these funds.

    Career Development Success Program

    The Career Success Program was expanded in 2018. The bill provides financial incentives for participating school districts and charter schools that encourage high school students (grades 9-12) to complete qualified industry credential programs, internships, residencies, construction pre-apprenticeship or construction apprenticeship programs, or qualified Advanced Placement courses

    Requirements
    Participating districts or charter schools could receive up to $1,000 for each student who successfully completes one of the qualified programs and will be distributed in tiered order.

    Contact
    Marina Kokotovic

    Resources
    Overview and Fact Sheet
    Legislation

    Career & Technical Education

    Perkins- Federal funding passed through the State CTE office for CTE programs that develop more fully the academic, career, and technical skills of secondary and postsecondary students who elect to enroll in career and technical education programs.

    Colorado Technical Act (CTA)- State funding to support secondary Career and Technical Education Programs

    Requirements
    Eligible agencies qualify for funding based upon their State plans and annual revisions approved under Perkins IV, section 122.

    Secondary CTE programs who effectively complete the program approval process

    Contact
    Victoria Crownover, Perkins Manager

    Resources
    Website

    Colorado P-TECH: Pathways in Technology Early College High Schools in Colorado

    P-TECH is an innovative partnership between a school district, a community college(s), and one or more local high growth industry employer(s). As such, students graduate with both a high school diploma and an industry-recognized associate degree in a Science, Technology, Engineering or Math (STEM) focused high-growth industry, in addition to gaining relevant workplace skills.

    Requirements
    P-TECH is open to all students grades 9-14, with a special focus on encouraging enrollment of students who are socio-economically and racially diverse, the first to attend college in their family, English language learners, and students with disabilities. Requirements include: High school diploma + high-grown industry recognized associate degree. Industry recognized pre-apprenticeship and other certificates can be earned in addition to associate degree. Must have a Science, Technology, Engineering and Mathematics (STEM) focus that is informed by current and projected industry standards. Must receive workplace experiences and training (mentoring, job shadowing, internships, pre-apprenticeship training).

    Yrs 1-3: District/Charter School PPR
    Yrs 5-6: State-based PPR Students are eligible to allocate the College
    Opportunity Fund stipend per college credit hour taken.

    Students enrolled in 5th or 6th yr of high school at a PTECH school or program are eligible for f/t funding if they are scheduled for a minimum of one class in the semester.

    Contact
    Mary Anne Hunter

    Resources
    Approved Schools Website

    Governor’s Summer Job Hunt

    Funding to local workforce centers to support young people into internships/work experience and marketing of summer program.

    Requirements
    Funding is disbursed through the workforce center system and participants must be 16-24.

    Max $ per Candidate
    Varies

    Contact
    Steve Wright

    Resources
    Website

    State Apprenticeship Expansion Grant (USDOL)

    Federally-funded grant to expand apprenticeship programs state-wide

    Requirements
    Participating workforce centers may subsidize up to $3000 per participant for apprenticeship and pre-apprenticeship training.

    Contact
    Michael Muszynski

    Student Re-engagement Grant

    The Student Re-Engagement Grant Program assists local education providers in providing educational services and supports to students to help them maintain engagement and/or support re-engagement at the secondary level.

    Requirements
    Funding may be used to support activities and strategies focused on student engagement and student re-engagement and improvement of Postsecondary Workforce Readiness performance indicators

    Max $ per Candidate
    $100,000

    Mechanism
    Colorado Department of Education

    Contact
    Fumnanya Camara

    Resources
    Website

    Work Training Experiences

    Planned structure learning for career exploration funded 100% through WIOA

    Requirements
    Employee must be enrolled into WIOA program before the start date of the WTE. Cannot exceed 12 weeks, 25 hrs. maximum per week, and position pays state minimum wage or more. (Local workforce Centers may vary in funding.)

    Max $ per Candidate
    $6,000 (Local areas may vary)
    100% paid wages through WIOA funding WE State Requirements

    Mechanism
    Grant application to CDLE

    Contact
    www.yourworkforcecenter.com

    Resources
    Website

    WORK Act Grant

    A 6-year state matching grant designed to increase awareness of, enrollment in and completion of Colorado’s skilled worker training programs.

    Requirements
    This grant is for any government or nongovernment entity that offers or plans to offer a skilled worker training program and has partnered with industry sectors. A training program must be an:

    • accredited educational training program,
    • occupational education training program,
    • apprenticeship, or
    • similar training program

    This opportunity does not include funding for bachelor’s or higher degrees.

    Contact
    Elizabeth Shupe

    Resources
    Website