reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4403.1 - Apprenticeship Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  Panel shall not fund training projects that replace, parallel, supplant,
						  compete with or duplicate existing apprenticeship programs.
(b) The Panel may fund pre-apprenticeship
						  training projects designed to prepare trainees for further training in trades
						  that have a Division of Apprenticeship Standards (DAS)-approved apprenticeship
						  program. The pre-apprentice must enroll in such a program, for the relevant
						  trade, upon completion of the ETP-funded training. The requirement for
						  enrollment in a DAS-approved apprenticeship program may be waived by the Panel
						  at its discretion, on a case-by-case basis, where:
(1) the pre-apprentice cannot enroll in a
						  DAS-approved program in a timely manner, such as when the relevant trade is
						  impacted for new hires, or
(2) the
						  pre-apprentice cannot pass the qualifying test required for enrollment in a
						  DAS-approved program.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4404 - Collective Bargaining Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to presenting an application for a
						  proposed training project to the panel, the contractor shall notify the
						  appropriate collective bargaining agent which represents workers for whom
						  training is proposed of its intent to apply for Panel funding. The notice of
						  intent shall contain the information regarding the proposed training, the
						  impacted employee population, the name of the collective bargaining agent, and
						  the effective date of the application.
(b) Upon receipt of the notice of intent
						  pursuant to subdivision (a), the labor organization representing effected
						  workers shall notify the panel, in writing, of its concurrence with the
						  contractor's proposal. The written notification shall be signed by an
						  authorized representative of the collective bargaining agent and received by
						  the panel prior to further development of the agreement. The labor organization
						  shall have the opportunity to participate in the agreement's
						  development.
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
Note: Authority cited: Section
								10205(k),
								Unemployment Code. Reference: Section
								10205(e),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4405 - Funding Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  In order to make Panel funds available to the greatest number of trainees, the
						  Panel may impose funding restrictions on contracts and/or establish certain
						  funding priorities. Any funding restrictions or application of priorities shall
						  reflect statutory criteria and may include, but are not limited to, the
						  following:
(1) Setting dollar caps on
						  contracts and limiting the term of training projects.
(2) Requiring contractors to contribute a
						  specified dollar amount to each contract in addition to in kind contributions
						  and substantial contributions provided for both in the law and these
						  regulations.
(3) Assigning priority
						  to contracts proposing training for new hire and recently hired
						  trainees.
(4) Assigning priority to
						  small business and/or industries.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4406 - New Hire Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Panel approval for "new hire training" as defined in
							 Unemployment Insurance Code Section
							 10201(g)
							 is subject to the following:
(a)
						  Training must be in job-related skills for a specific occupation in a given
						  industry or for specialized occupations across an industry spectrum. In either
						  case, the training must be for occupations with a demonstrable statewide or
						  local shortage of workers.
(b)
						  Training may include generic vocational skills such as office automation or
						  customer service as an ancillary component of the overall curriculum for
						  training in skills needed by a specific or specialized occupation.
(c) The Contractor must demonstrate to the
						  satisfaction of the Panel that it has established a plan for recruiting
						  eligible trainees and prospective participating employers; and, an employer
						  advisory board with prospective participating employers as members.
(d) The employer advisory board must give the
						  Contractor guidance on which job-related skills are needed in the specific or
						  specialized occupations, and information about the shortage of workers in said
						  occupations. It must also provide an ongoing evaluation of the curriculum and
						  other material aspects of the training project.
1. New
							 section filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
2.
							 Amendment of subsection (a), repealer and new subsections (a)(1) and (a)(2),
							 and new subsection (a)(3) filed 3-9-93; operative 3-9-93 (Register 93, No.
							 11).
3. Repealer and new section filed 12-4-97; operative 12-4-97
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 97, No. 49).
4. Repealer and new section filed 6-28-2006;
							 operative 7-28-2006 (Register 2006, No. 26).
5. Repealer of
							 subsection (a) and subsection relettering filed 1-27-2010; operative 2-26-2010
							 (Register 2010, No. 5).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Sections
								10200(a),
								10205(b), (c)
								and (e),
								10209(a) and
								(g) and
								10210(b),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4407 - Small Business Projects. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-12-91; operative 4-12-91 pursuant to Government Code section
							 11346.2(d)
							 (Register 91, No. 18).
2. Repealer of subsections (a)-(a)(3),
							 subsection relettering and amendment of NOTE filed 7-19-96; operative 7-19-96
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 96, No. 29).
3. Amendment of section heading, section and
							 NOTE filed 1-8-2001 as an emergency; operative 1-8-2001 (Register 2001, No. 2).
							 A Certificate of Compliance must be transmitted to OAL by 5-8-2001 or emergency
							 language will be repealed by operation of law on the following
							 day.
4. Reinstatement of section as it existed prior to 1-8-2001
							 emergency amendment by operation of Government Code section
							 11346.1(f)
							 (Register 2001, No. 25).
5. Repealer filed 3-12-2007; operative
							 4-11-2007 (Register 2007, No. 11).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Sections
								10200,
								10204(a) and
								(b),
								10210,
								10212(d),
								10213
								and
								10213.5,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4407.1 - Small Business Owners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						  proposal to train the employees of a small business may include training for
						  the owner of the business provided the following criteria are met:
(1) The business employs 100 or fewer
						  full-time employees, excluding the owner.
(2) The owner is an individual having all or
						  a substantial (at least 20%) financial investment in the business, and is
						  directly involved full-time in the day-to-day operation of the
						  business.
(3) The owner is not
						  subject to the eligibility provisions of §
														10201(c)
						  of the Unemployment Insurance Code.
(4) At least one employee must participate in
						  training along with the owner of the business.
(5) The business is participating in the
						  Panel's Small Business Pilot Project.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4408 - California Career Ladders to the 21st Century Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 8-19-91; operative 8-19-91 (Register 92, No. 1).
2.
							 Amendment of section heading, section and NOTE filed 11-6-2001 as an emergency;
							 operative 11-6-2001 (Register 2001, No. 45). A Certificate of Compliance must
							 be transmitted to OAL by 3-6-2002 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 11-6-2001 order transmitted to OAL 3-6-2002 and filed 4-16-2002 (Register
							 2002, No. 16).
4. Repealer filed 8-9-2006; operative 9-8-2006
							 (Register 2006, No. 32).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Sections
								10200,
								10201(c) and
								(f) and
								10213,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4409 - Special Employment Training Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Panel may allocate up to fifteen (15)
						  percent of the annually available training funds for Special Employment
						  Training (SET) projects to improve the skills and employment security of
						  frontline workers, as defined in Section
						  4400(ee), who
						  earn at least the state average hourly wage.
(1) SET projects are not subject to the
						  out-of-state competition requirement specified in Section
						  4416.
(2) SET trainees are not subject to the
						  eligibility provision of Section
						  10201(c) of the
						  Unemployment Insurance (UI) Code.
(3) The Panel shall identify industries and
						  occupations that are priorities for funding as a SET project, in the annual
						  Strategic Plan.
(4) Each SET
						  project shall be funded for no more than $500,000, although the Panel may waive
						  the cap for individual SET projects on a case-by-case basis.
(5) Each SET project must result in full-time
						  employment, for all trainees who successfully complete training, except those
						  receiving small business skills training as provided under subsection
						  (b).
(6) The Panel may fund SET
						  projects for frontline workers who earn up to 25% below the state average
						  hourly wage as follows:
(A) For training in
						  an industry sector identified by the Panel as a funding priority in accordance
						  with Unemployment Insurance Code Section
						  10200(b);
						  or
(B) For training under a
						  Critical Proposal within the meaning of Section
						  4402.2.
This wage modification, including the determination
							 of funding priority, shall be made on a case-by-case basis. (See the Panel's FY
							 2009/10 Strategic Plan for more information on high-priority industry
							 sectors.)
(7) The
						  Panel may also fund SET projects for frontline workers who earn less than the
						  state average hourly wage, but at least the ETP Minimum Wage under Section
						  10201(f)
						  of the Unemployment Insurance Code, if they have at least two barriers which
						  prevent them from fully participating in the labor force. Barriers may include
						  mental or physical disability, illiteracy, limited English proficiency, limited
						  math skills, or some similar impediment.
Notwithstanding the limitations under Section
							 4420, the Panel may fund the same
							 number of basic skills and literacy training hours as are funded for vocational
							 skills training, on a per-trainee basis.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4409.1 - Participating Employer Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Multiple Employer Contractor may charge
						  a participating employer(s) for training-related costs that are not reimbursed
						  by ETP if the charge is compliant with the procedures set forth
						  herein.
(b) A Multiple Employer
						  Contractor may charge any of the following:
(1) A refundable deposit designed to ensure
						  trainee participation or retention, which may not be included as in-kind
						  contributions under the ETP Agreement. (See Section
						  4401.1(e).)
(2) A nonrefundable deposit as needed to
						  conduct training needs assessments or provide other training-related services
						  that go beyond the scope of funding under the ETP Agreement;
(3) A nonrefundable deposit to reimburse the
						  Multiple Employer Contractor for out-of-pocket training costs incurred when a
						  trainee does not satisfy the requirements for funding under the ETP Agreement,
						  which may be billed to the participating employer(s) only after ETP has
						  determined that payment cannot be earned for the trainee. (See Section
						  4400(r).)
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4410 - Substantial Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For retraining projects, every employer
						  must make a substantial contribution toward the cost of training, in the amount
						  of:
(1) Not less than 15% of the total
						  training and administrative costs funded by the Panel, exclusive of in-kind
						  contributions, if payment was earned for retraining at the same facility in the
						  amount of $250,000 or more within the previous five years. However, this
						  substantial contribution may not exceed 30%.
(2) Not less than 30% of the total training
						  and administrative costs funded by the Panel, exclusive of in-kind
						  contributions, if the employer made a substantial contribution under a prior or
						  active ETP Agreement within the previous five years. However, this substantial
						  contribution may not exceed 50%. Additionally, the Panel may decrease this
						  substantial contribution, to no less than 15%, but only upon a showing of good
						  cause by the employer.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4410.5 - Exemption from Substantial Contribution Requirement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-9-98 as an emergency; operative 11-9-98 (Register 98, No. 46).
							 A Certificate of Compliance must be transmitted to OAL by 3-9-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Certificate of Compliance as to 11-9-98 emergency
							 transmitted to OAL 3-9-99 and filed 4-15-99 (Register 99, No.
							 16).
3. Repealer filed 4-18-2008; operative 7-1-2008 (Register 2008,
							 No. 16).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10209,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4411 - Fixed-Fee Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The Panel may fund training contracts by applying a standard fixed -fee rate
						  per trainee hour in lieu of a line-item budget to substantiate training costs.
						  These standardized fixed-fee rates per hour may vary depending on the training
						  delivery method (e.g., classroom/laboratory), complexity of the training, size
						  of employer served, and the type of trainee (e.g., retrainee) receiving
						  training.
(b) The research
						  methodology to develop reasonable fixed-fee rates consists of an analysis of
						  data collected from a representative sample of ETP budget-based contracts and
						  the allowable costs/hour budgeted, and ETP subcontracted classroom/laboratory
						  and structured on-site training costs. The rates were then benchmarked against
						  applicable training market data from programs similar to ETP in other states
						  and training fees charged by private and public training institutions in
						  California.
(c) To ensure effective
						  training delivery, a classroom/laboratory trainer to trainee ratio will be
						  applied in contracts utilizing the fixed-fee rates. The classroom/laboratory
						  ratio of trainer to trainees is determined using ETP historical data and
						  private and public training institutional data. The classroom/laboratory ratio
						  will also be applicable to training provided via videoconferencing. A trainer
						  to trainee ratio is not applicable to structured on-site training and
						  computer-based training since these training delivery methods are customized to
						  an individual trainee's needs.
(d)
						  The panel may adjust the established fixed-fee rates annually.
(e) For multiple-employer new hire training
						  projects, the following may be included as a cost in addition to the fixed fee:
(1) Costs for staff salaries, fringe
						  benefits, consumable supplies, printing, communications, equipment and
						  software, premises, utilities, housekeeping services, travel and
						  advertising/promotion of the ETP program that are incurred as a result of the
						  following new hire activities:
(A)
						  Recruitment of training participants.
(B) Trainee intake assessment to determine
						  eligibility.
(C) Job development,
						  and
(D) Job search assistance, and
						  placement in specific jobs.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4412.1 - Training Costs Charged to Trainees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise permitted herein, or
						  with written approval from the Executive Director of the Panel, trainees being
						  trained under a contract funded by the Panel cannot be charged for any training
						  costs.
(1) If the contractor is receiving
						  Panel funds based on a budget, that budget must accurately reflect all training
						  costs to be paid by the Panel, the employer or by any other specified source.
						  If books or other supplies are to be purchased by the students, they will have
						  to be specifically and clearly identified as a funding source in the
						  budget.
(2) A company cannot
						  indicate an in-kind contribution for supplies or books, then require the
						  trainees to purchase these items, since in-kind contributions are defined by
						  this title as costs covered by the employer/contractor and not by a third party
						  (i.e. the trainee).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4412.2 - Third Party Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-4-97; operative 12-4-97 pursuant to Government Code section
							 11343.4(d)
							 (Register 97, No. 49).
2. Repealer filed 11-28-2006; operative
							 12-28-2006 (Register 2006, No. 48).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10206(a)(1)(D),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4413 - Subcontracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contractors may
						  enter into subcontracts for both training and administrative services with a
						  third-party entity for training and/or administrative services, subject to
						  review and approval by ETP.
(b) All
						  subcontracts shall include:
(1) a provision
						  that the Panel is not a party to the subcontract and is not obligated in any
						  manner to either party for any liability that might arise from the delivery of
						  services under the subcontract;
(2)
						  a provision that ETP shall have the right during normal business hours, to
						  examine or audit any and all records, books, papers and documents related to
						  the conduct of the ETP-funded training project to the extent ETP believes
						  necessary; and,
(3) a provision
						  that ETP shall have the right during normal business hours to freely observe
						  and monitor, without the presence of the subcontractor or Contractor, all
						  performance under the subcontract, including interviews with trainees and
						  employees.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4414 - Job Creation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-14-95; operative 4-14-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 15).
2. Amendment of subsection (a)(3) and
							 amendment of NOTE filed 11-6-2001 as an emergency; operative 11-6-2001
							 (Register 2001, No. 45). A Certificate of Compliance must be transmitted to OAL
							 by 3-6-2002 or emergency language will be repealed by operation of law on the
							 following day.
3. Certificate of Compliance as to 11-6-2001 order
							 transmitted to OAL 3-6-2002 and filed 4-16-2002 (Register 2002, No.
							 16).
4. Repealer filed 4-19-2006; operative 5-19-2006 (Register
							 2006, No. 16).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Section
								10200(a)(1),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4415 - Management Training Cap

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Supervisors and managers may not exceed 40 percent of the total trainee
						  population under a Single Employer Contract or Multiple Employer
						  Contract.
(b) The Panel shall at
						  its sole discretion, set the limitation on supervisor and manager trainees
						  under a given training contract within a range of 20 to 40 percent. In setting
						  this limitation, the Panel shall consider the purpose of training and other
						  factors pertinent to the overall goals of this ETP program, on a case-by-case
						  basis.
(c) For purposes of this
						  limitation, supervisors and managers are workers who are exempt from payment of
						  overtime compensation, consistent with the determination of exempt status
						  contained in the definition of "frontline worker" at Section
						  4400(ee).
(d) This limitation may be waived for small
						  businesses with 100 or fewer employees.
(e) This limitation does not apply to
						  entrepreneurial training under Section
						  4409(c).
1. New
							 section filed 4-14-95; operative 4-14-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 15).
2. Amendment of section and NOTE filed
							 9-27-2005; operative 9-27-2005 pursuant to Government Code section
							 11343.4
							 (Register 2005, No. 39).
3. Repealer and new section heading and
							 section and amendment of NOTE filed 10-23-2007; operative 11-22-2007 (Register
							 2007, No. 43).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Sections
								10200(a),
								10205
								and
								10206,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4416 - Out-of-State Competition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Funding Requirement. The Panel will not fund any retraining project, with the
						  exception of Special Employment Training under Unemployment Insurance Code
						  Section
						  10214.5,
						  unless it first determines that the trainee jobs are threatened by out-of-state
						  competition.
(b) Determination. The
						  Panel will make its Determination regarding out-of-state competition on a
						  case-by-case basis and at its sole discretion, based on the factors outlined in
						  subsections (d)-(h). The only exception is for employers classified under the
						  North American Industrial Classification System (NAICS) as set forth in
						  subsection (i).
(c) Employer. As
						  used in regard to a Determination under subsections (d)-(h), Employer means the
						  employer's individual facility, functional group or unit that is or will be
						  employing the trainees whose jobs are threatened by out-of-state
						  competition.
(d) Threshold
						  Analysis. As a threshold analysis, the Panel will consider whether the
						  Employer:
(1) manufactures a product sold
						  out-of-state; or
(2) manufactures a
						  product sold in-state that competes with products manufactured out-of-state;
						  and/or
(3) provides a service in
						  California that regularly competes with service providers located out-of-state;
						  and/or
(4) provides a service
						  directly to out-of-state customers where revenues derived directly from this
						  service comprise at least 25 percent of gross annual
						  revenue.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4417 - Secure Job

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  Panel shall fund training for employment that is stable. The employer's
						  turnover rate shall not exceed 20% annually for the company facility where
						  training is being requested. If the employer crosses this 20% threshold, the
						  Panel may accept a higher turnover rate, but only if:
(1) the employer provides evidence that the
						  proposed training will significantly decrease the turnover rate, or
(2) the employer has experienced a singular
						  reduction in force or other occurrence which adversely affected the turnover
						  rate in the last calendar year, or
(3) industry data supports a higher turnover
						  rate.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4418 - Wage Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  Panel shall establish wage requirements for the minimum hourly wage a trainee
						  must earn at the end of the employment retention period (ETP Minimum Wage). The
						  ETP Minimum Wage shall be based on statewide wage data for the previous fiscal
						  year, provided by the Employment Development Department's Labor Market
						  Information Division (LMID). The ETP Minimum Wage shall be established for each
						  calendar year on a county-by-county basis. Furthermore, the Panel shall review
						  the ETP Minimum Wage annually, and make revisions as needed based on LMID
						  data.
(b) The Panel may use
						  commission earnings to determine a trainee's hourly wage, if there is a
						  reliable history of commission payment by the employer and if actual payment
						  can be verified. As used herein, "commission" means a percentage or proportion
						  of the sale price, for services rendered in the sale of goods or services, paid
						  to employees whose principal job duty is sales.
(c) The panel may include bonuses in
						  determining a trainee's hourly wage, if there is a reliable history of bonus
						  payment by the employer and if actual payment can be verified. As used herein,
						  "bonus" means compensation paid in addition to salary, hourly wage, or
						  commission. Bonuses are payable in addition to any other compensation, and are
						  normally paid to reward extraordinary work or induce continued
						  employment.
(d) The Panel may
						  include mandatory service charges paid to a trainee, in determining his or her
						  hourly wage, if actual payment can be verified. As used herein, "mandatory
						  service charges" means a non-voluntary surcharge for service that is:
(1) imposed on the patron of a business,
						  and
(2) added to the amount due for
						  goods, food, drink or articles sold to the patron, and
(3) taxable to the employer as a portion of
						  gross receipts, and
(4) payable to
						  the trainee in its entirety, or payable as a fixed percentage that is subject
						  to prior approval by the Panel.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4419 - Health Benefits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-14-95; operative 4-14-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 15).
2. Repealer filed 9-2-2005; operative
							 10-2-2005 (Register 2005, No. 35).
Note: Authority cited: Section
								10205(k),
								Unemployment Insurance Code. Reference: Section
								10201(g),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4420 - Literacy Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In no event shall basic and literacy skills training
							 hours funded by the Panel exceed 45% of the total training hours per trainee,
							 except for projects funded as special employment training for frontline workers
							 with multiple barriers to full participation in the labor force, welfare to
							 work trainees, and working poor trainees in high unemployment areas of the
							 State.
1. New
							 section filed 4-14-95; operative 4-14-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 15).
2. Amendment filed 12-1-95; operative 12-1-95
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
3. Amendment of section and NOTE filed
							 1-8-2001 as an emergency; operative 1-8-2001 (Register 2001, No. 2). A
							 Certificate of Compliance must be transmitted to OAL by 5-8-2001 or emergency
							 language will be repealed by operation of law on the following
							 day.
4. Certificate of Compliance as to 1-8-2001 order transmitted
							 to OAL 5-8-2001 and filed 6-20-2001 (Register 2001, No. 25).
5.
							 Amendment filed 1-27-2010; operative 2-26-2010 (Register 2010, No.
							 5).
Note: Authority cited: Section
								10205(m),
								Unemployment Insurance Code. Reference: Section
								10201.5,
								10209(a),
								10214.5
								and
								10214.7,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4420.5 - Safety Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  Panel shall not fund general training required by the state or federal
						  Occupational Safety and Health Administration (Cal-OSHA or OSHA) for the
						  operation of a business in California. (See General Industry Safety Orders at
						  Title 8, California Code of Regulations Chapter 3.2).
(b) In addition, the Panel shall not fund any
						  other general safety training such as injury and illness prevention, emergency
						  action, evacuation, fire prevention plans, and access to first aid.
(c) The Panel may fund special safety
						  training that is directly related to a piece of equipment or process recently
						  acquired, or that an employee is not familiar with. However, this training
						  cannot exceed 10% of the total training hours per trainee, except with prior
						  written approval upon a showing of good cause.
(d) some occupations, by the very nature of
						  the work, require intensive skills training in safety procedures. For example,
						  a training curriculum for workers engaged in environmental clean-up and oil/gas
						  extraction might include a concentration of safety procedures. This type of
						  safety training is not subject to the restrictions herein.
1. New
							 section filed 5-18-98; operative 5-18-98 pursuant to Government Code section
							 11343.4(d)
							 (Register 98, No. 21).
2. Editorial correction of NOTE (Register 98,
							 No. 25).
3. Amendment filed 1-27-2010; operative 2-26-2010 (Register
							 2010, No. 5).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10205(d),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4421 - Out-of-State Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Except as otherwise provided, the Panel shall not reimburse an employer or
						  contractor for any costs associated with an out-of-state vendor, either through
						  a budget or the Fixed Fee Rate Table, if those costs are for services, such as
						  training.
(1) For purposes of this section,
						  an out-of-state vendor is defined as an entity which has not maintained an
						  office in California with one or more California employees for more than six
						  months prior to the start date of the Panel contract.
(2) If an out-of-state vendor meets the
						  definition in paragraph (1), costs attributable to the California office and
						  California employee(s) shall be reimbursable.
The Panel may authorize reimbursement for the cost of
							 services provided by an out-of-state vendor which does not have a California
							 office and employees only if the Panel finds that such services are unique to
							 the need of the employer or contractor and are unavailable in
							 California.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4422 - Orientation Modules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Panel shall not reimburse an employer or
							 contractor for training components designed to orient new or current employees
							 to the policies or philosophy of either the employer(s), or of the
							 Panel.
1. New
							 section filed 12-1-95; operative 12-1-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
Note: Authority cited: Section
								10205(c),
								Unemployment Insurance Code. Reference: Section
								10209(a),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4423 - Double Enrollment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-1-95; operative 12-1-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
2. Amendment of subsections (a) and (b) and
							 amendment of NOTE filed 11-26-97; operative 11-26-97 pursuant to Government
							 Code section
							 11343.4(d)
							 (Register 97, No. 48).
3. Repealer filed 7-7-98; operative 7-7-98
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 98, No. 28).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Sections
								10201(b)
								and
								10209(f),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4424 - Total Quality Management. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 7-19-96; operative 7-19-96 pursuant to Government Code section
							 11343.4(d)
							 (Register 96, No. 29).
2. Repealer filed 5-18-98; operative 5-18-98
							 pursuant to Government Code section
							 11343.4(d)
							 (Register 98, No. 21).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Sections
								10200(a),
								(b)(3) and
								10201(b)(3),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4425 - Structured On-Site Training. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-1-95; operative 12-1-95 pursuant to Government Code section
							 11343.4(d)
							 (Register 95, No. 48).
2. Repealer filed 3-12-2007; operative
							 4-11-2007 (Register 2007, No. 11).
Note: Authority cited: Section
								10205(c),
								Unemployment Insurance Code. Reference: Section
								10201(i),
								(j) and
								10209(b),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4426 - Training Agency Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
						  purposes of funding contracts with a training agency as defined in Section
						  4400(z), the
						  Panel may contract with the following public and private educational entities:
(1) a public community college;
(2) a public or private university;
(3) a California State University auxiliary
						  organization (Ed. Code Section
						  89900 et seq.);
(4) a public adult school;
(5) a public high school district;
(6) a public Regional Occupational Program
						  (ROP); or
(7) a private
						  post-secondary vocational school.
The public entities must be certified by the
							 Department of Education or a third-party organization such as the Western
							 Association of Schools and Colleges (WASC), as appropriate. The private schools
							 must be approved or certified by an independent third party whose review
							 standards are satisfactory to the Panel as determined
							 case-by-case.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4427 - Temporary Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  Panel may fund training for employees of a "temporary services agency" or
						  "leasing agency" within the meaning of Unemployment Insurance Code Section
						  606.5
						  (Agency), as set forth herein.
(b)
						  Agencies employ both permanent and temporary workers. The permanent worker
						  performs administrative duties, usually on the premises of the Agency
						  (Permanent Worker). The temporary worker provides services for the Agency's
						  clients, ranging from clerical to professional, usually on the premises of the
						  client (Temporary Worker).
(c)
						  Employment retention for purposes of a Panel contract will be permitted with
						  Agencies only in the following circumstances:
(1) As Permanent Workers under a single
						  employer contract, if the Agency is otherwise eligible.
(2) As Temporary Workers under a Multiple
						  Employer Contract.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4428 - Welfare to Work Projects. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 11-10-97 as an emergency; operative 1-1-98 (Register 97, No. 46).
							 A Certificate of Compliance must be transmitted to OAL by 5-1-98 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Editorial correction of subsections (b)(1) and (c) (Register
							 98, No. 24).
3. Certificate of Compliance as to 11-10-97 order,
							 including repealer of subsection (d), transmitted to OAL 5-1-98 and filed
							 6-11-98 (Register 98, No. 24).
4. Editorial correction of subsection
							 (c)(5) (Register 99, No. 19).
5. Amendment of subsection (b)(3), new
							 subsection (b)(4), amendment of subsection (c)(1), repealer of subsection
							 (c)(6), subsection renumbering, and new subsection (d) filed 5-7-99 as an
							 emergency; operative 5-7-99 (Register 99, No. 19). A Certificate of Compliance
							 must be transmitted to OAL by 9-7-99 or emergency language will be repealed by
							 operation of law on the following day.
6. Certificate of Compliance
							 as to 5-7-99 order transmitted to OAL 8-31-99 and filed 10-14-99 (Register 99,
							 No. 42).
7. Repealer filed 10-24-2006; operative 11-23-2006
							 (Register 2006, No. 43).
Note: Authority cited: Section
								10205(l),
								Unemployment Insurance Code. Reference: Section
								10214.7,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 3 - EMPLOYMENT SERVICES PROGRAMS › Part 1 - EMPLOYMENT AND EMPLOYABILITY SERVICES › Chapter 1.5 - EMPLOYMENT TRAINING PANEL › Article 2 - PROPOSAL PROCESS › Section 4430 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024