Section § 3075

Explanation

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.

(a)CA Labor Code § 3075(a) An apprenticeship program may be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer. Programs may be approved by the chief in any trade in the state or in a city or trade area, whenever the apprentice training needs justify the establishment. Where a collective bargaining agreement exists, a program shall be jointly sponsored unless either party to the agreement waives its right to representation in writing. Joint apprenticeship committees shall be composed of an equal number of employer and employee representatives.
(b)CA Labor Code § 3075(b) For purposes of subdivision (a), the apprentice training needs in the building and construction trades and firefighter programs shall be deemed to justify the approval of a new apprenticeship program only if any of the following conditions are met:
(1)CA Labor Code § 3075(b)(1) There is no existing apprenticeship program approved under this chapter serving the same craft or trade and geographic area.
(2)CA Labor Code § 3075(b)(2) Existing apprenticeship programs approved under this chapter that serve the same craft or trade and geographic area do not have the capacity, or neglect or refuse, to dispatch sufficient apprentices to qualified employers at a public works site who have requested apprentices and are willing to abide by the applicable apprenticeship standards, as shown by a sustained pattern of unfilled requests.
(3)CA Labor Code § 3075(b)(3) Existing apprenticeship programs approved under this chapter that serve the same trade and geographic area have been identified by the California Apprenticeship Council as deficient in meeting their obligations under this chapter.
(c)CA Labor Code § 3075(c) For purposes of subdivision (b), an existing apprenticeship program serves the “same craft or trade” as a proposed apprenticeship program when there would be substantial overlap in the work processes covered by the programs or when graduates of the existing program would be qualified to perform a substantial portion of the work that would be performed by graduates of the new program.
(d)CA Labor Code § 3075(d) The chief’s decisions regarding applications for new apprenticeship programs in the building and construction trades and firefighters may be appealed by any interested party to the California Apprenticeship Council. For purposes of this section, an application for expansion of an existing program to include an additional occupation shall be considered an application for a “new apprenticeship program.”
(e)CA Labor Code § 3075(e) The chief’s decisions regarding applications for new apprenticeship programs outside the building and construction trades and firefighters are final and not subject to administrative appeal, except as otherwise provided in this section.
(f)CA Labor Code § 3075(f) The chief’s decisions regarding applications for new apprenticeship programs shall be posted to the division’s Internet Web site, which shall constitute the only form of notice and service. Appeals to the California Apprenticeship Council under this section must be filed within 30 days after notice of the chief’s decision.
(g)CA Labor Code § 3075(g) The chief shall not approve a new apprenticeship program that includes a substantial number of work processes covered by a program in the building and construction trades or firefighters, or approve the amendment of apprenticeship standards to include those work processes, unless either of the following applies:
(1)CA Labor Code § 3075(g)(1) The program is in the building and construction trades or a firefighter program and subject to the rules and regulations of the California Apprenticeship Council.
(2)CA Labor Code § 3075(g)(2) The California Apprenticeship Council has granted consent to the approval of the program or the amendment to the apprenticeship standards. If no party files an objection with the chief to the approval of the proposed program or amendment alleging overlap of work processes under this subdivision, the chief shall not be required to seek the consent of the California Apprenticeship Council prior to approving the program or amendment.
(h)CA Labor Code § 3075(h) At least 30 days before approval of a new apprenticeship program, or of an amendment to the apprenticeship standards to include new work processes, the division shall post on its Internet Web site a copy of the proposed apprenticeship standards, which shall constitute the only form of notice and service that an application on the proposed program or amendment is pending. Notwithstanding subdivision (e), the chief’s decision regarding any new apprenticeship program or amendment of the apprenticeship standards to include new work processes may be appealed to the California Apprenticeship Council if notice under this subdivision is not provided.
(i)CA Labor Code § 3075(i) The division shall create a method on its Internet Web site for members of the public to subscribe to receive email updates when new decisions or proposed apprenticeship standards are posted pursuant to this section.
(j)CA Labor Code § 3075(j) Only the following programs may dispatch apprentices to projects subject to prevailing wage or skilled and trained workforce requirements:
(1)CA Labor Code § 3075(j)(1) Programs in the building and construction trades approved before July 1, 2018.
(2)CA Labor Code § 3075(j)(2) Programs in the building and construction trades approved under the standard in subdivision (b).

Section § 3075.1

Explanation

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.

It is the public policy of this state to encourage the utilization of apprenticeship as a form of on-the-job training, when such training is cost-effective in developing skills needed to perform public services. State and local public agencies shall make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their respective work forces. In furtherance of this policy, public agencies shall take into consideration (a) the extent to which a continuous supply of trained personnel is readily available to public agencies to meet their skill requirements in the various occupations which are determined to be apprenticeable, and (b) the application of established programs in the private sector, where appropriate. Public sector apprenticeship programs should be fully compatible with affirmative action goals for the participation of minorities and women in apprenticeship programs.

Section § 3075.5

Explanation

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.

(a)CA Labor Code § 3075.5(a) This section applies when a building and construction trades industry program applies to the Chief of the Division of Apprenticeship Standards for approval of a new apprenticeship program or for the expansion of an existing apprenticeship program into a new occupation or geographic area. The requirements of this section are in addition to other requirements that may be imposed by statute or regulation.
(b)Copy CA Labor Code § 3075.5(b)
(1)Copy CA Labor Code § 3075.5(b)(1) An applicant for a new or expanded apprenticeship program under subdivision (a) shall submit to the chief a written plan that sets out the number of new apprentices the applicant seeks to enroll during the next five years in the new or expanded program, new occupation, or new geographic area. The plan must include the applicant’s budget for training the new apprentices and a detailed explanation of how the applicant intends to provide sufficient funding to meet that budget.
(2)CA Labor Code § 3075.5(b)(2) The applicant shall submit to the chief a written plan providing a reasonable timetable to obtain sufficient commitments from employers to employ the new apprentices so as to ensure, to the extent feasible, consistent with the rates of employment for existing programs in good standing in the applicable trade, that the new apprentices will be employed continuously throughout the entire term of apprenticeship.
(3)CA Labor Code § 3075.5(b)(3) The applicant shall submit to the chief verifiable evidence that the applicant has obtained, or will obtain, suitable and adequate facilities to train the new apprentices. The chief, or his or her representative, shall personally inspect the facilities within six months after the final approval of the program.
(4)CA Labor Code § 3075.5(b)(4) The applicant shall submit to the chief a plan for the recruitment and selection of the new apprentices. The plan shall include advertising of the new apprenticeship opportunities within the geographic area and outreach to organizations that promote apprenticeship opportunities to women and underrepresented minorities.
(c)CA Labor Code § 3075.5(c) The chief shall not approve an application that fails to meet any of the requirements of this section. If the chief does not approve an application because of its failure to comply with this section, the chief shall within 90 days provide the applicant with a detailed explanation of the deficiencies in the application and recommendations for addressing those deficiencies to obtain program approval. The applicant may submit a new or amended application to the chief within 90 days of receipt of the chief’s recommendations. The chief shall provide a detailed response to a new or amended application within 90 days of its receipt.

Section § 3075.6

Explanation

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.

Each building and construction trades apprenticeship program shall provide to each apprentice, on at least a semiannual basis, a statement showing the number of hours of on-the-job training and related and supplemental instruction that the apprentice has acquired toward graduation, the total number of hours of on-the-job training and related and supplemental instruction that are necessary for graduation, and the apprentice’s expected graduation date.

Section § 3075.7

Explanation

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.

Every building and construction trades industry apprenticeship program shall submit apprentice registration, change of address, graduation, and termination data to the Division of Apprenticeship Standards on a monthly basis in an electronic format acceptable to the division.

Section § 3076

Explanation

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.

The function of a joint apprenticeship committee, when specific written authority is delegated by the parent organizations represented, shall be to establish work processes, wage rates, working conditions for apprentices, the number of apprentices which shall be employed in the trade under apprentice agreements, and aid in the adjustment of apprenticeship disputes in accordance with standards for apprenticeship set up by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs. Disciplinary proceedings resulting from disputes shall be duly noticed to the involved individuals.

Section § 3076.3

Explanation

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.

Program sponsors shall establish selection procedures which specify minimum requirements for formal education or equivalency, physical examination, if any, subject matter of written tests and oral interviews, and any other criteria pertinent to the selection process; shall specify the relative weights of all factors which determine selection to an apprenticeship program; shall submit in writing to the chief an official statement of each selection procedure including the filing date and location of the program sponsor; shall make a copy of the selection procedures available to each applicant; shall provide in writing to each applicant not selected an official explanation setting forth the reason or reasons for the nonselection, copies of which shall be retained as a public record in the files of the program sponsor for a period of five years; and shall implement affirmative action programs for minorities and women in accordance with the rules, regulations, and guidelines of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs.

Section § 3076.5

Explanation

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.

A program sponsor may provide in its selection procedures for an additional 10 points credit in the selection of veteran applicants for apprenticeship.
“Veteran,” as used in this section, means a veteran who has served in the armed forces of this country for at least 181 consecutive days since January 31, 1955, and who has been discharged or released under conditions other than dishonorable, but does not include any person who served only in auxiliary or reserve components of the armed forces whose services therein did not exempt him or her from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885).

Section § 3077

Explanation

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.

The term “apprentice” as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an “apprentice agreement,” with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief in accordance with the standards set forth in Section 3078.5.

Section § 3077.5

Explanation

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.

A program sponsor administering an apprenticeship program under this chapter shall not provide a maximum age for apprentices.

Section § 3078

Explanation

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.

Every apprentice agreement entered into under this chapter shall directly, or by reference, contain:
(a)CA Labor Code § 3078(a) The names of the contracting parties.
(b)CA Labor Code § 3078(b) The date of birth of the apprentice.
(c)CA Labor Code § 3078(c) A statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
(d)CA Labor Code § 3078(d) A statement showing the number of hours to be spent by the apprentice in work and the learning objectives to be accomplished through related and supplemental instruction, except as otherwise provided under Section 3074. In no case shall the combined weekly hours of work and required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice.
(e)CA Labor Code § 3078(e) A statement setting forth a schedule of the processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process.
(f)CA Labor Code § 3078(f) A statement of the graduated scale of wages to be paid the apprentice and whether the required schooltime shall be compensated.
(g)CA Labor Code § 3078(g) A statement providing for a period of probation during which time the apprentice agreement may be terminated by the program sponsor at the request in writing of either party, and providing that after the probationary period the apprentice agreement may be terminated by the administrator by mutual agreement of all parties thereto, or canceled by the administrator for good and sufficient reason. The period of probation shall be reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of the apprenticeship, and in no event shall exceed the shorter of 25 percent of the length of the program or one year.
(h)CA Labor Code § 3078(h) A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally, or which are not covered by collective bargaining agreement, shall be submitted to the administrator for determination as provided for in Section 3081.
(i)CA Labor Code § 3078(i) A provision that an employer who is unable to fulfill his or her obligation under the apprentice agreement may, with approval of the administrator, transfer the contract to any other employer if the apprentice consents and the other employer agrees to assume the obligation of the apprentice agreement.
(j)CA Labor Code § 3078(j) Such additional terms and conditions as may be prescribed or approved by the California Apprenticeship Council or by the Chief of the Division of Apprenticeship Standards, in consultation with the Interagency Apprenticeship Advisory Committee, not inconsistent with the provisions of this chapter.
(k)CA Labor Code § 3078(k) A clause providing that there shall be no liability on the part of the other contracting party for an injury sustained by an apprentice engaged in schoolwork at a time when the employment of the apprentice has been temporarily or permanently terminated.

Section § 3078.5

Explanation

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.

(a)CA Labor Code § 3078.5(a) The term of apprenticeship may be measured either through the completion of the industry standard for hours of on-the-job learning and related and supplemental instruction, attainment of competency, or a hybrid blend of the time-based and competency-based approaches. However, programs in the building and construction trades and for firefighters shall use the time-based approach.
(1)CA Labor Code § 3078.5(a)(1) The time-based approach measures skill acquisition through the individual apprentice’s completion of at least 144 hours of related and supplemental instruction and 2,000 hours of on-the-job learning as described in a work process schedule.
(2)CA Labor Code § 3078.5(a)(2) The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship. The program standards shall address how on-the-job learning will be integrated into the program, describe competencies, meet industry-recognized standards or certifications, and identify an appropriate means of testing and evaluation for such competencies.
(3)CA Labor Code § 3078.5(a)(3) The hybrid approach measures the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship.
(4)CA Labor Code § 3078.5(a)(4) Term measures shall be set forth in the program standards and shall be subject to approval by the Division of Apprenticeship Standards based on the appropriateness of the measures for the apprenticeable occupations to which they apply.
(b)CA Labor Code § 3078.5(b) Programs utilizing the competency-based or hybrid approach and that issue interim credentials must identify each type or stage for issuing an interim credential, demonstrate how the credentials link to the components of the apprenticeable occupation, and establish a process for assessing an apprentice’s demonstration of competency associated with the particular interim credential. Interim credentials may only be issued for recognized components of an apprenticeable occupation and specifically link the credentials to the knowledge, skills, and abilities associated with those components.

Section § 3079

Explanation

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.

Every apprentice agreement under this chapter shall be approved by the local joint apprenticeship committee or the parties to a collective bargaining agreement, or by the administrator where there is no collective bargaining agreement or joint committee, a copy of which shall be filed with the Division of Apprenticeship Standards. Every apprentice agreement shall be signed by the employer, or his or her agent, or by a program sponsor, as provided in Section 3080, and by the apprentice, and if the apprentice is a minor, by the minor’s parent or guardian. Where a minor enters into an apprentice agreement under this chapter for a period of training extending into his or her majority, the apprentice agreement shall likewise be binding for such a period as may be covered during the apprentice’s majority.

Section § 3080

Explanation

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.

(a)CA Labor Code § 3080(a) For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may in the discretion of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, be signed by an association of employers or an organization of employees instead of by an individual employer. In that case, the apprentice agreement shall expressly provide that the association of employers or organization of employees does not assume the obligation of an employer but agrees to use its best endeavors to procure employment and training for an apprentice with one or more employers who will accept full responsibility, as herein provided, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and employer association or employee organization during the period of the apprentice’s employment. The apprentice agreement shall also expressly provide for the transfer of the apprentice, subject to the approval of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, to an employer or employers who shall sign a written agreement with the apprentice, and if the apprentice is a minor, with the apprentice’s parent or guardian, as specified in Section 3079, contracting to employ the apprentice for the whole or a definite part of the total period of apprenticeship under the terms and conditions of employment and training set forth in the apprentice agreement.
(b)CA Labor Code § 3080(b) All apprenticeship programs with more than one employer or an association of employers shall include provisions sufficient to ensure meaningful representation of the interests of apprentices in the management of the program.

Section § 3080.5

Explanation

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.

An apprentice registered in an approved apprenticeship program in any of the building and construction trades shall be employed only as an apprentice when performing any construction work for an employer that is a party, individually or through an employer association, to any apprenticeship agreement or standards covering that individual.

Section § 3081

Explanation

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.

Upon the complaint of any interested person or upon his or her own initiative, the administrator may investigate to determine if there has been a violation of the terms of an apprentice agreement, made under this chapter, and he or she may hold hearings, inquiries, and other proceedings necessary to such investigations and determinations. The parties to such agreement shall be given a fair and impartial hearing, after reasonable notice thereof. All such hearings, investigations, and determinations shall be made under authority of reasonable rules and procedures prescribed by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs.

Section § 3082

Explanation

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.

(a)CA Labor Code § 3082(a) The determination of the administrator shall be in writing and sent by regular mail to the parties’ last known addresses, with proof of service in accordance with Sections 1013a and 2015.5 of the Code of Civil Procedure.
(b)CA Labor Code § 3082(b) For complaints involving programs in the building and construction trades and for firefighters, the determination shall be filed with the California Apprenticeship Council. Any person aggrieved by the determination or action of the administrator may appeal therefrom to the council, which shall review the entire record and may hold a hearing thereon after due notice to the interested parties. If no appeal is filed with the council within 10 days from the date the parties are given notification of the determination, in accordance with subdivision (a), the determination shall become the final order of the council.
(c)CA Labor Code § 3082(c) For complaints involving any other program, the determination of the administrator shall be final.

Section § 3083

Explanation

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.

All findings of fact in a final determination or decision issued pursuant to Section 3082 shall be conclusive if supported by substantial evidence, and all orders and decisions shall be prima facie lawful and reasonable.

Section § 3084

Explanation

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.

Any party to an apprentice agreement aggrieved by final order, determination, or decision of the council issued pursuant to Section 3082, may maintain appropriate proceedings in the courts on questions of law. The final order, determination, or decision shall be conclusive if the proceeding is not filed within 30 days after the date the aggrieved party is given notification of the order, determination, or decision.

Section § 3084.5

Explanation

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.

In any case in which a person or persons have willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the Division of Apprenticeship Standards may obtain in a court of competent jurisdiction, an injunction against any further violations of any such laws, regulations, or orders by such person or persons. The division shall be awarded reasonable attorney’s fees and costs in seeking an injunction.

Section § 3085

Explanation

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.

No person shall institute any action for the enforcement of any apprentice agreement, or damages for the breach of any apprentice agreement, made under this chapter, unless all administrative remedies provided by this chapter have first been exhausted.

Section § 3086

Explanation

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.

Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards.

Section § 3088

Explanation

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.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons and circumstances, shall not be affected thereby.

Section § 3089

Explanation

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.

This chapter shall be known and may be cited as the Shelley-Maloney Apprentice Labor Standards Act of 1939, as amended.

Section § 3090

Explanation

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.

The Division of Apprenticeship Standards shall investigate, approve or reject applications from establishments for apprenticeship and other on-the-job training, and for that purpose, may cooperate, or contract with, and receive reimbursements from the appropriate agencies of the Federal Government.

Section § 3091

Explanation

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.

Acceptance of an application for entrance into an apprenticeship training program shall not be predicated on the payment of any fee. Reasonable costs for expense incurred may be charged after an applicant has been accepted into the program.

Section § 3091.5

Explanation

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.

Pursuant to Section 16370 of the Government Code, there is hereby authorized in the State Treasury a Special Deposit Fund Account, which shall consist of moneys collected from the sale of instructional material to persons enrolled in any apprenticeship training program under this chapter. All of the moneys collected are hereby appropriated without regard to fiscal year for the support of the Department of Education to be used for the development and production of apprenticeship instructional material.

Section § 3092

Explanation

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.

A successful graduate of a training program in a particular apprenticeable occupation of a vocational education program meeting the standards of the California State Plan for Vocational Education may receive credit toward a term of apprenticeship if the program is jointly established and approved by a school district, a county superintendent of schools, a public entity conducting a regional occupational center or program, or a private postsecondary vocational school accredited by a regional or national accrediting agency recognized by the United States Office of Education and the program sponsor of the particular apprenticeable occupation.