Apprenticeship and PreapprenticeshipApprenticeship Programs
Section § 3075
This section outlines the rules for establishing and administering apprenticeship programs in California, particularly in the building and construction trades and for firefighters. Programs can be run by joint committees or individual employers and must be approved by the chief. New programs are justified when there are no existing ones in the area, current programs can't meet demand, or they've been deemed inadequate.
If a new program overlaps with existing work processes, approval also requires California Apprenticeship Council's consent unless no objections are filed. Appeals to decisions can be made in certain cases, especially regarding building, construction, and firefighter trades.
The section requires public posting of decisions and proposed standards online, and there’s a system for public notifications about updates. Only specific approved programs can send apprentices to certain projects, like those needing to meet prevailing wage or skilled workforce requirements.
Section § 3075.1
This California law encourages state and local public agencies to use apprenticeship programs for training people in various jobs needed for public services. The idea is that apprenticeships are a cost-effective way to develop necessary skills. Agencies should work hard to create these programs for jobs that can be learned through apprenticeships.
They should also look at how easily they can get skilled people through these programs and consider adopting successful private sector apprenticeship programs. Importantly, these programs should support affirmative action goals, making sure minorities and women have equal opportunities to participate.
Section § 3075.5
This law section outlines the requirements for building and construction trades industry programs seeking approval for a new or expanded apprenticeship program in California. It mandates that applicants provide a detailed plan for the number of new apprentices over five years, how they will train and fund them, and a timetable for securing employment commitments for the apprentices. Applicants must also demonstrate that they have or will have suitable facilities for training and a plan to recruit apprentices, especially targeting women and underrepresented minorities.
If an application does not meet these standards, the chief will explain the deficiencies and offer recommendations. Applicants can then submit a revised proposal, and the chief must respond within 90 days.
Section § 3075.6
This law requires that each apprentice in a building and construction trades apprenticeship program receives a detailed update at least twice a year. The statement should include how many hours of on-the-job training and related instruction they've completed, how many total hours are needed to graduate, and the date they’re expected to graduate.
Section § 3075.7
This law requires that all building and construction apprenticeship programs in California must send information about apprentices to the Division of Apprenticeship Standards every month. This includes details like new registrations, any address changes, graduations, and terminations. The data must be submitted electronically in a format that the division accepts.
Section § 3076
This section outlines the role of a joint apprenticeship committee when they have been given specific authority by their parent organizations. Their job is to define details like work duties, pay rates, and working conditions for apprentices in trades like construction or firefighting. They also decide how many apprentices can work at a time and help solve any disputes about apprenticeships. Any disciplinary actions from these disputes must be properly communicated to those involved.
Section § 3076.3
This law requires apprenticeship program sponsors to set clear selection procedures, including minimum education requirements, any needed physical exams, tests, and interviews. They need to detail how each factor is weighted in the selection process and submit a written statement of these procedures to the chief. Applicants must be given a copy of these procedures and, if not selected, they should receive a written explanation of why they weren't chosen, which must be kept on file for five years. Additionally, sponsors must implement affirmative action plans for minorities and women according to regulations.
Section § 3076.5
This law section allows organizations that sponsor apprenticeship programs to give a 10-point bonus to veteran applicants during the selection process. To qualify as a veteran, the individual must have served in the U.S. Armed Forces for at least 181 consecutive days after January 31, 1955, and must not have been dishonorably discharged. It excludes those who served only in auxiliary or reserve forces without exemption from the draft.
Section § 3077
An "apprentice" is someone who is at least 16 years old and has a written apprenticeship agreement with an employer or program sponsor. The length of the apprenticeship for each occupation must be approved by the chief according to specific standards.
Section § 3077.5
This law states that any organization or person who leads an apprenticeship program cannot set an upper age limit for people wanting to join as apprentices.
Section § 3078
This law outlines the essential components that must be included in every apprentice agreement in California. It specifies the inclusion of details like the names of the parties involved, the apprentice's date of birth, and information about the trade being learned and the duration of the apprenticeship.
The agreement must mention the work hours, learning objectives, and any probation period during which it can be terminated under certain conditions. It also requires a description of the wage structure and a method for resolving disputes that can't be handled locally.
If an employer can't fulfill their obligations, the agreement may be transferred to another employer with certain approvals. Additionally, there's a clause that limits liability for injuries sustained during schoolwork if the apprentice's employment is terminated. Finally, additional terms may be included if approved by relevant authorities.
Section § 3078.5
This law explains how apprenticeships in California can be structured. It identifies three main approaches: time-based, competency-based, and hybrid. In building trades and firefighting, apprenticeships must follow the time-based approach, which requires at least 144 hours of classroom instruction and 2,000 hours of work experience.
The competency-based approach focuses on apprentices demonstrating their skills and knowledge, with at least six months of work experience. Hybrid approaches combine hours and skill demonstration. All program standards must be approved and clearly explain how job learning integrates with required competencies.
If using competency or hybrid methods, programs can issue interim credentials proving substantial skills and knowledge milestones were met. These credentials should connect directly to job-specific skills and competencies.
Section § 3079
This law explains the process for approving apprentice agreements in California. These agreements must be approved by a local joint apprenticeship committee, parties to a collective bargaining agreement, or an administrator if no agreement or committee exists. A copy of the agreement is filed with the Division of Apprenticeship Standards. The agreement must be signed by the employer or their agent, or a program sponsor, the apprentice, and, if the apprentice is a minor, their parent or guardian. If the training period extends beyond the apprentice's 18th birthday, the agreement remains valid over that entire period.
Section § 3080
This California law allows apprenticeship agreements, especially in building, construction trades, and firefighting, to be signed by associations of employers or employee organizations rather than individual employers. These groups don’t assume the role of an employer but help find employment and training placements with employers who will take full responsibility for the apprenticeship terms. The agreements also cover transferring apprentices to other employers if approved by the relevant authorities. Moreover, if a program involves multiple employers, it must ensure apprentices have a say in how the program is managed.
Section § 3080.5
This law states that if an apprentice is part of an approved apprenticeship program for building and construction trades, they must be employed specifically as an apprentice when doing construction work for employers involved in the apprenticeship agreement.
Section § 3081
This law allows the administrator to investigate any suspected breaches of apprentice agreements either on their own initiative or after receiving a complaint. During such investigations, the parties involved have the right to a fair hearing after getting reasonable notice. The process is governed by rules set by either the California Apprenticeship Council or the Chief of the Division of Apprenticeship Standards, depending on the type of apprenticeship program.
Section § 3082
This law explains the process of how determinations by an administrator are handled in cases involving apprenticeship programs. When a decision is made, it is sent by mail to the parties involved. If the complaint is about a building and construction trade program or firefighters, the decision goes to the California Apprenticeship Council. People can appeal to this council, which may review the case and hold a hearing. Appeals must be filed within 10 days, or the decision becomes final. For other types of programs, the administrator's decision is final with no option for appeal.
Section § 3083
This law says that if a final decision or finding is made according to Section 3082, it will be considered final and accurate if there's a good amount of evidence to back it up. Additionally, all the orders and decisions made under this are assumed to be lawful and reasonable at first glance.
Section § 3084
If you're unhappy with a final decision about an apprentice agreement, you can challenge it in court, but you have to do so within 30 days of being notified about the decision. After that, the decision will stand as final.
Section § 3084.5
If someone intentionally breaks the rules related to apprenticeship programs, the Division of Apprenticeship Standards can ask a court to stop them from doing it again. The division can also get their legal expenses covered when they pursue this kind of court order.
Section § 3085
Before you can take someone to court for issues related to an apprentice agreement, like enforcing the agreement or seeking damages if it's broken, you must first go through all the steps to resolve it within the system set up by this chapter.
Section § 3086
This law states that any apprenticeship agreements outlined in this chapter do not override or nullify any parts of collective bargaining agreements that offer higher standards for apprenticeships.
Section § 3088
This law section states that if any part of this chapter is found to be invalid or not applicable to a person or situation, the rest of the chapter remains valid and unaffected for other people or situations.
Section § 3089
This section establishes the official name of the law as the Shelley-Maloney Apprentice Labor Standards Act of 1939. It is a foundational law related to apprenticeship labor standards in California.
Section § 3090
This law states that the Division of Apprenticeship Standards is responsible for reviewing applications from businesses that want to provide apprenticeship or other job training programs. They have the authority to approve or reject these applications.
To help them in this task, they can work together with, or enter into agreements with, federal government agencies and also receive reimbursements from them.
Section § 3091
You can't be charged a fee to apply for an apprenticeship training program. However, after you're accepted, you might have to pay for reasonable expenses related to the program.
Section § 3091.5
This law creates a Special Deposit Fund Account in the state treasury to collect money from the sale of instructional materials to apprentices. The money is always available and is used by the Department of Education to produce and develop apprenticeship instruction materials. There's no restriction on using the funds within a specific fiscal year.
Section § 3092
If you successfully complete a vocational training program that meets certain standards, you might get credit towards your apprenticeship. However, these programs must be approved by specific entities like a school district or vocational school, and they need to be recognized by a national accrediting agency.