[20040628]97-1038_福利领取者和劳动法.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code 97-1038 EPWUpdated June 28, 2004Welfare Recipients and Workforce Laws-name redacted-Domestic Social Policy DivisionSummaryWork requirements of the 1996 welfare law (P.L. 104-193) and discussions aboutreauthorization of the program of Temporary Assistance for Needy Families (TANF)have raised questions about the application of basic labor and employment tax laws toTANF recipients. The most controversial issue has been the status of persons assignedto “workfare” programs, in which recipients work in exchange for their TANF benefits.The U.S. District Court for the Northern District of New York held on March 1, 2004,that participants in the Work Experience Program (WEP) are “employees”entitled towage and hour protections of the Fair Labor Standards Act (FLSA). In February theSecond Circuit Court of Appeals held that WEP participants also are employees underfederal civil rights employment-related legislation. In the absence of explicit languagein the 1996 law, the Clinton Administrations Department of Labor (DOL) maintainedthat most workfare participants were employees and