Ala. Code § 25-NEW-3

Current through the 2024 Regular Session.

Section 25-NEW-3 - Definitions

For the purposes of this division, the following terms shall have the following meanings:

(1) APPRENTICE. A worker who is at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in 29 C.F.R. Part 29.4 .

(2) APPRENTICESHIP AGREEMENT. A written agreement between an apprentice and either the apprenticeship program sponsor, or an apprenticeship committee acting as agent for the apprenticeship program sponsor or sponsors, which contains the terms and conditions of the employment and training of the apprentice in conformance with 29 C.F.R., Subtitle A, Part 29 and Section 40-18-421.

(3) APPRENTICESHIP PROGRAM. A plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, as required under the federal guidelines in 29 C.F.R., Subtitle A, Parts 29 and 30, U.S.C. §50, for apprenticeship programs certified by the Alabama Office of Apprenticeship, and the rules adopted by the Alabama Office of Apprenticeship, including such matters as the requirement for a written apprenticeship agreement.

(4) CANCELLATION. The termination of the registration or approval status of an apprenticeship program at the request of the sponsor, or termination of an apprenticeship agreement at the request of the apprentice.

(5) CERTIFICATION or CERTIFICATE. The written approval by the Alabama Office of Apprenticeship of a set of apprenticeship standards or of an individual for employment as an apprentice or probationary apprentice in a registered apprenticeship program or proof that an apprentice has successfully met the requirements to receive an interim credential.

(6) DEREGISTRATION. The termination of the registration or approval status of an apprenticeship program upon written request of the sponsor or upon cause by the Alabama Office of Apprenticeship instituting formal deregistration proceedings.

(7) ELIGIBLE EMPLOYER. The same meaning as provided in Section 40-18-421.

(8) EMPLOYER. Any person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice.

(9) FEDERAL PURPOSES. Any action related to a federal contract, grant, agreement, or arrangement dealing with an apprenticeship. The term includes any federal financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference, or right pertaining to an apprenticeship.

(10) GOVERNOR. The chief executive of this state.

(11) INDUSTRY-RECOGNIZED APPRENTICESHIP. A high quality apprenticeship program that includes a paid work component and an educational or instructional component wherein an individual obtains workplace relevant knowledge and skills developed or delivered by third parties, including trade and industry groups, companies, nonprofit organizations, educational institutions, unions, and joint labor management organizations.

(12) IN-SCHOOL YOUTH. A youth described in Section 129(a)(1)(C) of the federal Workforce Innovation and Opportunity Act.

(13) ON-THE-JOB TRAINING. Training by an employer that is provided to a paid participant while engaged in productive work in a job that provides knowledge or skills essential to the full and adequate performance of the job; is made available through a program that provides reimbursement to the employer of up to 50 percent of the wage rate of the participant, except as provided in Section 134(c)(3)(H) of the federal Workforce Innovation and Opportunity Act, for the extraordinary costs of providing the training and additional supervision related to the training; and is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate.

(14) REGISTERED APPRENTICESHIP. A formal, on-the-job training program registered by the Alabama Office of Apprenticeship that includes all of the following:

a. Employer involvement.

b. On-the-job training.

c. Related technical instruction.

d. Paid work experience.

e. A portable, nationally recognized industry credential.

(15) REGISTERED PREAPPRENTICESHIP. A program or set of strategies, registered by the Alabama Office of Apprenticeship, including basic skills training, academic skills remediation, or introduction to the industry, designed to prepare individuals for entry into an apprenticeship program.

(16) REGISTERED YOUTH APPRENTICESHIP. A program that is designed specifically for individuals aged 16 to 18, inclusive, registered by the Alabama Office of Apprenticeship, and is connected to an adult apprenticeship.

(17) REGISTRATION AGENCY. The agency that has responsibility for registering apprenticeship programs and apprentices, providing technical assistance, and conducting review for compliance with existing state law and the state plan for equal employment opportunities.

(18) REQUIRED TECHNICAL INSTRUCTION. An organized and systematic form of instruction designed to provide the apprentice with knowledge of the theoretical and technical subjects related to the occupation of the apprentice. The instruction may be given in a classroom, through occupational or industrial courses, or by correspondence courses of equivalent value, electronic media, or other forms of self-study for registered and industry-recognized apprenticeship programs certified by the Alabama Office of Apprenticeship. The sponsor shall be responsible for the administration and supervision of related and supplemental instruction for apprentices and coordination of the instruction with job experience.

(19) SPONSOR. Any person, association, committee, or organization operating a preapprenticeship, youth registered apprenticeships, youth industry-recognized apprenticeship programs, registered apprenticeships, and industry-recognized apprenticeship programs.

(20) STATE APPRENTICESHIP AGENCY. The Alabama Office of Apprenticeship.

(21) STATE APPRENTICESHIP INTERMEDIARY. The Alabama Community College System shall be the intermediary and shall provide required technical instruction and technical assistance for implementing on-the-job training for all apprencticeable programs certified by the Alabama Office of Apprenticeship with the consent of the sponsor.

(22) VETERAN. The meaning given the term in 38 U.S.C. §101.

(23) WORK BASED LEARNING. Sustained interactions with industry or community professionals in real workplace settings, to the extent practicable, or simulated environments at an educational institution that foster in-depth, first-hand engagement with the tasks required of a given career field, that are aligned to curriculum and instruction.

Ala. Code § 25-NEW-3 (1975)

Renumbered from Section 41-29-331, Code of Alabama 1975, by Act 2024-115,§ 10, eff. 10/1/2024.

Added by Act 2019-506,§ 2, eff. 9/1/2019.