Apprenticeship

Cook Brown provides advice on the complicated regulatory framework governing apprenticeship obligations.

While the use of apprentices on federal public works is permissive, the use of apprentices on State and Local Public Works projects is mandatory. Under California Labor Code § 1777.5, only those apprentices who are indentured in programs which are registered under the State's apprenticeship law are eligible to be employed on State or Local Public Works projects. A contractor may not simply label low-paid workers as "apprentices."

The State prevailing wage determinations contain notations indicating whether the particular craft or trade is considered to be an apprenticeable occupation. Apprentice-like classifications, such as "helpers" and "trainees," are not permitted to be employed on a State or Local Public Works project under the rubric of "apprentices." And, "helpers" and "trainees" may not be employed on a state public works project at less than the journeyman rate unless the prevailing wage determination contains those classifications.

Properly indentured and registered apprentices on State and Local Public Works projects may be employed, but they must be paid the appropriate percentage of the journeyman's rate under the apprenticeship program's regulations or the apprentice prevailing wage rate determination, whichever is higher. In other words, if a first-period apprentice is due to receive 40% of the applicable journeyman rate, that 40% is of the journey level rate listed in the prevailing wage rate determination. The contractor may not pay the wage rate applicable to the apprentice on private works projects. The benefit rate to be paid to apprentices is likewise based on the "prevailing" benefit rate paid to apprentices as determined by the Director of Industrial Relations, and not by the private works benefit rates contained in the Apprenticeship Program Standards (unless, of course, the two are the same).