Apprenticeship Requirements

Presented by:Stephanie Nix

Labor Compliance Technician

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California Labor Code §1777.5

THE BASIC REQUIREMENT

California Labor Code Sections 1777.5 requires all public works contractors and subcontractors to:

Submit contract award information(CCR §230 (a))

Employ registered apprentices(CCR §230.1)

Make training fund contributions(CCR §230.2)

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Submitting the DAS 140 Form

Notification of Contract Award Information

Submitting the DAS 142 Form Requesting and employing State Registered Apprentices

Paying the correct amount for the Apprentice Training Contribution

Employing apprentices within the allowed apprentice-to-journeyman ratio

Employing apprentices under the supervision of a journeyman/men

Paying apprentices the correct prevailing wage rate

Apprentice Requirements (LC 1777.5)

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DAS 140 Form

Contractors and their subcontractors are required to submit the contract award information (DAS 140 Form) to the apprenticeship committee for each applicable craft within ten (10) working days of the date of the execution of the contract, but no later than the first day workers are employed upon the project.

In addition, a copy of the DAS 140 Form is to be submitted to the LCD Office at the following address:

Los Angeles Unified School District Labor Compliance Department

333 S. Beaudry Avenue, 19th FloorLos Angeles, CA 90017

This is simply a notification of award; it is not automatically a request for dispatch of a registered

apprentice.

Notification of Contract Award Information

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The DAS 140 Form can be retrieved either through the LAUSD LCD

website or the DIR website:

LAUSD LCD

http://www.laschools.org/contractor/lc/contractor-documents

Department of Industrial Relations

http://www.dir.ca.gov/DAS/PublicWorksForms.htm

DAS 140 Form

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DAS 142 Form

All contractors & their subcontractors must request the dispatch of apprentices from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least forty-eight (48) hours (business days only) before the date on which the apprentices are required.

If apprentices are not dispatched within seventy-two (72) hours, the contractor shall not be considered in violation of the requirement to employ apprentices for the remainder of the project

(CCR § 230.1a)

Requesting State Registered Apprentices

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The DAS 142 Form can be retrieved either through the LAUSD LCD

website or the DIR website:

LAUSD LCD

http://www.laschools.org/contractor/lc/contractor-documents

Department of Industrial Relations

http://www.dir.ca.gov/DAS/PublicWorksForms.htm

DAS 142 Form

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CAC-2 Form

Contractors must contribute the correct training fund amount to an apprenticeship committee approved by the DAS or the California Apprenticeship Council (CAC).

Contractors who do not contribute to an apprenticeship programmust submit their contributions to the following address:

California Apprenticeship CouncilP.O. Box 420603

San Francisco, CA 94142-0603

(CCR §230.2)

Payment of Apprentice Training Contributions

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CAC-2 Form

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The CAC-2 Form can be retrieved either through the LAUSD LCD

website or the DIR website:

LAUSD LCD

http://www.laschools.org/contractor/lc/contractor-documents

Department of Industrial Relations

http://www.dir.ca.gov/das/DASCAC2.pdf

It is the contractors’ & their subcontractors’ responsibility to ensure that all apprentices working at the project site are registered with the State

The DIR’s website to confirm that an Apprentice is State-registered is:http://www.dir.ca.gov/das/das.html

Apprentices who are not registered with the State must be paid the appropriate journeymen level rate

The following slides will show step-by-step how to verify if your apprentices are registered with the State of California

Employing State-Registered Apprentices

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DIR

Apprenticeship

Select Public Works

Projects for Apprentice

Verification

Apprenticeship Verification

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Select Apprenticeship

Certification for

Public Works

DIR

Apprenticeship

Apprenticeship Verification

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Enter name and

SSN here

DIR

Apprenticeship Verification

Apprenticeship Verification

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No Record Found

DIR

Apprenticeship Verification

Apprenticeship Verification

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Select Add to

List

DIR

Apprenticeship Verification

Apprenticeship Verification

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Select Go To

Certification

Apprenticeship Verification

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DIR

Apprentice Certification

Apprenticeship Verification

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All contractors & their subcontractors must employ State-registered apprentices in accordance with the required apprentice-to-journeyman ratio As specified by the apprenticeable trade or craft; but in no case shall the

ratio be less than, One (1) hour of apprentice work for every five (5) hours performed by a

journeymen

Contractors should monitor the total apprentice hours and journeyman hours per project for each craft

Apprenticeship ratios are calculated at the end of the project or at the end of the subcontractors’ portion of the project

All hours in excess of the allowable ratio will be paid at the journeymen prevailing wage rate

Notification to the Division of Apprenticeship Standards (Labor Code Section 1773.3)

The District will report to the Division of Apprenticeship Standards within five (5) days of finding any discrepancy regarding the ratio of

apprentices to journeymen

Apprentice-to-Journeyman Ratio

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Apprentice-to-Journeyman Ratio can

also be found on LAUSD LCD’s Website at:

http://www.laschools.org/contractor/lc/contractor

-documents.

Ratios of

Apprentices to

Journeymen

LCD Documents

Apprentice-to-Journeyman Ratio

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To obtain the most recent ratios by the DAS, please submit a request to one of the following addresses:

Division of Apprenticeship Standards320 W. 4th Street, Suite #830Los Angeles, CA 90013(213) 576-7750(213) 576-7758 (fax)

Division of Apprenticeship Standards455 Golden Gate Avenue, 10th FloorSan Francisco, CA 94102(415) 703-4920(415)703-5477 (fax)

Apprentice-to-Journeyman Ratio

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Apprentices employed on public works must at all times work with or under the direct supervision of a journeyman/men.

(CCR §230.1(c2))

Supervision of Apprentices

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State-Registered Apprentices

Apprentices shall be permitted to work and be employed at thelower apprentice wage rate if they are registered under a bona fideapprenticeship program with a State apprenticeship agency whichis recognized by the DAS.

Apprentices not registered

Any worker listed on the Certified Payroll Reports as an apprenticeand is found to be not registered with the State must be paid thejourneymen level rate for the classification of the work he/sheactually performed.

It is the contractor’s & subcontractor’s responsibility to ensure thatall the apprentices working at the project site are registered withthe State.

Prevailing Wage Rate for Apprentices

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Contractors who failed to hire State Registered Apprentices usuallyneglected to do the following:

Contractor did not submit timely the correct training fund amount to theappropriate apprenticeship program or CAC throughout the entire durationof the project

Apprentice failed to attend classes

Apprenticeship program may not have notified the contractor of changesmade to the apprenticeship status of an apprentice

Check the DIR website to ensure apprentices remain State registered throughout the entire duration of the project

It is your responsibility to ensure apprentices areregistered with the State

Common Violations - Apprentices

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Assessment of PenaltiesLabor Code §1777.7A contractor or subcontractor that knowingly violates Labor Code §1777.5 and/or apprentice regulations, including failure to submit the Division of Apprenticeship Standards Form (DAS 140 Form) within ten (10) days of the date of the execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the project, is one hundred dollars ($100) for each full calendar day of noncompliance. A contractor or subcontractor that knowingly commits a second or subsequent violation of Labor Code §1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by the Labor Code, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance, as per Labor Code §1777.7 (LCP Manual, July 2005, Section VI (C)(2)(c), page 25).

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Next Quiz:

Apprenticeship Requirements

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1. A (true)2. B (false)3. A (always)4. C (to request apprentices)5. C (DIR)6. C (DAS)7. B (At the end of the project or at the end of the sub contractor’s portion of the project8. A (http://www.dir.ca.gov)9. B (No)10. B (The Labor Compliance Department conducts an audit, discovers the violation, and requires the contractor to pay back wages at the journeyman level and assesses penalties to the contractor)

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Apprenticeship RequirementsQuiz Answers: