California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 3 - Standards for Minimum Wages, Maximum Hours and Working Conditions › Section 208 - Wages, Employee Benefits, and Other Compensation for Apprentices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For Apprentices
					 In All Occupations Except The Building And Construction Trades Industry:
For apprentices participating in approved apprenticeship
						programs in all industries, except the building and construction industry, the
						beginning wage rate, employee benefits and other compensation, and the
						progression of those rates, shall be decided by the sponsoring program in
						consultation with and subject to the approval of the Chief
						DAS.
(b) For Apprentices In
					 The Building And Construction Trades Industry Employed On Public Works
					 Projects:
For apprentices participating in approved apprenticeship
						programs in the building and construction trades industry, the wages and
						employer payments for employees benefits as defined in 8 C.C.R. §
												16000 for regular and overtime work
						while employed on public works projects within the meaning of Labor Code §
												1720 et seq.
						shall be the per diem wage rates for apprentices in the apprenticeable
						occupation as determined by the Director of Industrial Relations in the
						geographic area of the project.
(c) For Apprentices In The Building And
					 Construction Trades Industry Employed On Projects Not Covered By Subsection
					 (b), Above:
The hourly wage package as used herein consists of the
						total of the wages and employer payments for employee benefits as defined in 8
						C.C.R. §
												16000. For apprentices
						participating in approved apprenticeship programs in the building and
						construction industry, the minimum hourly wage package for apprentices while
						employed on projects not covered by Subsection (b) above shall be as set forth
						either in subsections (1)-(5) of this subsection or, in the alternative, as set
						forth in subsection (6) of this subsection:
(1) A starting hourly wage package for first-
					 period apprentices of not less than 40 percent of the prevailing per diem wage
					 package for journeyworkers in the apprenticeable occupation and geographic area
					 of the project, as determined by the Director of Industrial Relations for
					 purposes of Labor Code §
												1720 et seq.,
					 using the rate effective on the immediately preceding March 1. At least 65
					 percent of this minimum hourly wage package must be paid to the apprentice as
					 taxable wages;
(2) If there is no
					 prevailing hourly wage package and wage package progression determined by the
					 Director for journeyworkers for the apprenticeable occupation and geographic
					 area, a starting wage rate decided by the sponsoring program in consultation
					 with and subject to the approval of the Chief DAS based on consideration of the
					 minimum starting hourly wage package and wage package progression for
					 apprentices in the most analogous occupations and geographic areas;
(3) Where an employer elects to satisfy a
					 portion of the hourly wage package by employer payments for employee benefits
					 as defined in 8 C.C.R. §
												16000, the payment of such
					 contributions must be verifiable and the cost of the benefit(s) must be
					 reasonably related to the amount of the contribution(s). The employer shall
					 submit its books and records to an audit by the DAS staff, upon request, to
					 verify such payments;
(4) Where an
					 employer elects not to satisfy a portion of the apprentice's hourly wage
					 package by employer payments for employee benefits as defined in
					 8 CCR
					 §
													16000, the employer shall pay the
					 entire hourly wage package to the apprentice on the apprentice's paycheck.
					 Where an employer elects to satisfy a portion of the apprentice's hourly wage
					 package by employer payments for employee benefits, the employer shall pay the
					 remainder of the apprentice's hourly wage package to the apprentice in the
					 apprentice's paycheck;
(5) The
					 minimum hourly wage package shall increase for each successfully completed
					 period of apprenticeship to a higher percentage of the prevailing per diem wage
					 package for journeyworkers in the apprenticeable occupation and geographic area
					 of the project. These periodic increases in percentage shall be equal (e.g., 40
					 percent, 50 percent, 60 percent, etc.) and shall be such that the minimum
					 hourly wage package in the final period of apprenticeship is not less than 80
					 percent of the prevailing per diem wage package for journeyworkers in the
					 apprenticeable occupation and geographic area of the project, as determined by
					 the Director, using the rate effective on the immediately preceding March 1. At
					 least 65 percent of this minimum hourly wage package must be paid to the
					 apprentice as taxable wages;
(6) In
					 the alternative, a contractor will be in compliance with this entire subsection
					 (c) if the contractor provides the same total hourly wage package and wage
					 package progression to apprentices employed on private projects as the
					 contractor provides to apprentices employed on public works projects in the
					 same geographic area, and that total hourly wage package is not less than the
					 prevailing per diem apprentice wage package for the apprenticeable occupation
					 and the geographic area of the project;
(7) Existing apprenticeship programs already
					 approved by the DAS and the CAC which are not in compliance with any aspect of
					 this Subsection (c) shall have until February 17, 2002, to come into full
					 compliance;
(8) By the enactment of
					 this regulation, it is not the CAC's intent to change the manner by which the
					 Director of Industrial Relations currently determines the prevailing wage rate,
					 and the provisions of this Subsection (c) shall not be used to determine the
					 prevailing wage rate.
(9) After
					 February 17, 2002, all contractors employing registered apprentices shall pay
					 not less than the minimum wages required by this subsection
					 (c).