- Apprentices and Trainees
Definition (29 C.F.R. § 5.2(n)).
- Apprentice means (i) a person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration [ETA], Office of Apprenticeship Training, Employer and Labor Services [OA], or with a State Apprenticeship Agency recognized by the … [ETA/OA], or (ii) a person in the first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the …, [OA] or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice;
- Trainee means a person registered and receiving on-the-job training in a construction occupation under a program which has been approved in advance by the U.S. Department of Labor, … [ETA], as meeting its standards for on-the-job training programs and which has been so certified by … [ETA].
Coverage of apprentices and trainees
- Apprentices and trainees are laborers and mechanics but are not listed on Davis-Bacon wage determinations. Apprentices and trainees are permitted to work on DBA/DBRA covered projects only under very controlled circumstances, as follows.
- Apprentices and trainees may be used on DBA/DBRA covered projects and paid less than the specified journeyman rate for the work performed if:
- The apprentice or trainee is individually registered in an approved apprenticeship or training program.
- The apprenticeship program has been approved by the ETA/OA or by a state apprenticeship agency recognized by the ETA/OA.
- The registration requirements do not apply to apprentices and trainees employed on highway construction projects funded by the Federal-Aid Highway Act and enrolled in programs certified by the U.S. Department of Transportation.
- Apprentices/trainees must each be paid the percentage (%) specified in the approved apprenticeship or trainee program for their level of progression calculated as a percent of the basic hourly rate required by the applicable wage determination for the applicable classification.
- The contractor is limited in the number of apprentices/trainees permitted on the DBA/DBRA job site based on the allowable ratio of apprentices/trainees to journeymen specified in the approved program. (Note: In view of the apprenticeship regulations at 29 C.F.R. Part 29, as revised in 2008, any questions concerning portability of the wages and ratio provisions on DBA/DBRA covered projects in light of 29 C.F.R. 29.13(b)(7) may require careful consideration by WHD).
- Compliance with the applicable ratio is determined on a daily, not weekly basis.
- The use of "fraction thereof" in computing apprenticeship ratios is not permitted unless specified in the approved apprenticeship program.
- Fringe benefits should be paid to apprentices/trainees in accordance with the provisions of the apprenticeship/trainee program. If the program is silent on the payment of fringes, the apprentices/trainees are to receive the full amount of the fringe benefits stipulated on the applicable wage decision (for the craft in which an individual apprentice/trainee is employed) unless it is determined that a different practice prevails for such apprentices/ trainees.
- When the contractor has exceeded the allowable ratio of apprentices/ trainees in a classification, only the individuals who were employed before the applicable ratio was exceeded may be paid below the wage determination rate(s) for the work performed. Individuals whose employment on the site exceeds the allowable ratio must be paid the full wage determination rate for the classification of work performed.
Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements.
This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.