La. Admin. Code tit. 40 § IX-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-303 - Apprenticeship Agreements

A. The apprenticeship agreement form will be supplied by the director of apprenticeship to apprenticeship committees and to individual establishments interested in apprenticeship.

B. Pre-Apprentices. For the purposes of apprenticeship, the Louisiana Workforce Commission, Apprenticeship Division will not indenture pre-apprentices. However, if an organization wishes to establish a bona fide pre-apprenticeship training program, it must make written request to the Apprenticeship Division and demonstrate strong linkages between it and a registered apprenticeship program(s) within Louisiana. If appropriate, the director of apprenticeship may issue a letter of recognition.

C. The date of an apprenticeship agreement will be the actual date the apprentice entered employment as an apprentice as agreed to by the employer, the apprentice, and approved by the Louisiana Workforce Commission, Apprenticeship Division.

D. Apprenticeship agreements to be submitted and processed as follows:

1. program sponsor and apprentice both complete and sign the agreement;

2. program sponsor retains original on file and enters apprentice agreement into the Registered Apprenticeship Partners Information Data System (RAPIDS) to submit electronic request for approval by the director of apprenticeship within 45 days of the apprentice's first day of employment;

3. a copy for the apprentice shall be provided; and

4. director of apprenticeship shall approve or deny, as appropriate, apprentice registration related requests through RAPIDS within 45 days of receipt, and the program sponsor will be notified of any action taken in RAPIDS via email immediately thereafter.

D. Every apprenticeship agreement entered into shall be signed by the contracting parties (apprentice, and the program sponsor or employer), and the signature of a parent or guardian if the apprentice is a minor employer.

E. Where a trade is covered by a city, parish or state license law or ordinance requiring the journeyworker or skilled worker to produce a license to follow the trade, it will be necessary that this provision of the law be observed before an apprentice employed in such establishment can be registered.

F. Every apprenticeship agreement entered into under the provisions of the Louisiana Apprenticeship Law shall contain:

1. the names of the contacting parties;

2. the date of birth of the apprentice;

3. social security number, on a voluntary basis;

4. a statement of the trade or craft in which the apprentice is to be taught, and the time at which the apprenticeship will begin and end;

5. the number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program; and

6. a statement setting forth a schedule of the work processes in the trade or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process;

7. the number of hours to be spent in related instruction in technical subjects related to the occupation, which shall not be not less than 144 hours per year;

8. a statement of the graduated scale of wages to be paid the apprentice;

9. a statement providing for a period of probation of not more than 25 percent of the term of apprenticeship or one year, whichever is shorter in duration, during which time the apprenticeship agreement may be terminated, without adverse impact on the program sponsor, by the director of apprenticeship at the request, through RAPIDS, by the program sponsor, or in writing by the apprentice, providing that after such probationary period the apprenticeship agreement may be terminated by the director of apprenticeship by mutual agreement of all parties thereto, or canceled by the director of apprenticeship for good and sufficient reason;

10. a provision that all controversies or differences concerning the apprenticeship agreement which cannot be adjusted locally in accordance with R.S. 23:385 shall be submitted to the director or apprenticeship for determination, as provided in R.S. 23:390;

11. a statement providing after the probationary period, the agreement may be:

a. cancelled at the request of the apprentice; or

b. suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the registration agency within 45 days of the final action taken;

12. such additional terms and conditions as may be prescribed or approved by the director, not inconsistent with the provisions of this Chapter and those established by the Office of Apprenticeship, United States Department of Labor;

13. a reference incorporating as part of the agreement the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement; and

14. a statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin or sex;

15. any proposed change in the terms of a registered apprenticeship agreement must be submitted to the Apprenticeship Division for approval by the director of apprenticeship;

16. wages of the apprentice will vary with the occupation and locality. The agreement shall contain a statement of the graduated scale of wages to be paid the apprentice (and whether or not the required school time shall be compensated). When the graduated wage rate of the apprenticeship is set on a six month basis, in no instance shall the increase each six months be less than 5 percent. When the wage increase is set on a yearly basis, in no instance shall the increase be less than 10 percent each year. Provided, however, that a program that has at least a minimum starting wage rate of 45 percent of the journeyworker hourly wage rate and has reached 75 percent of the journeyworker hourly wage rate in the final period will be acceptable. The starting wage rate of an apprentice shall not be less than 45 percent of the journeyworker hourly wage or less than the applicable state/federal minimum wage. In no case shall the final period of apprenticeship be less than 75 percent of the journeyworker hourly wage in a four-year trade classification.

G. Such additional terms and conditions as may be prescribed or approved by the director, not inconsistent with the provisions of this Chapter and those established by the Office of Apprenticeship, United States Department of Labor in accordance with 29 CFR Part 29 /30.

La. Admin. Code tit. 40, § IX-303

Promulgated by the Department of Labor, Office of Labor, LR 12:430 (July 1986), amended LR 17:356 (April 1991), amended by the Louisiana Workforce Commission, Office of Workforce Development, LR 37:2213 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:381-391.