ARTICLE 1. Administration [3070. - 3074.7.]

Cal. Labor Code - LAB 1.

in effect

Cal. Labor Code - LAB § 3070. Section 3070.

There is in the Division of Apprenticeship Standards the California Apprenticeship Council, which shall be appointed by the Governor, composed of six representatives each from employers or employer organizations and employee organizations, that sponsor apprenticeship programs under Section 3071, respectively, geographically selected, and of two representatives of the general public. The Director of Industrial Relations, or his or her permanent and best qualified designee, and the Superintendent of Public Instruction, or his or her permanent and best qualified designee, and the Chancellor of the California Community Colleges, or his or her permanent and best qualified designee, and the Chairperson of the California Firefighter Joint Apprenticeship Committee (Cal-JAC), or his or her permanent and best qualified designee, shall also be members of the California Apprenticeship Council. The chairperson shall be elected by vote of the California Apprenticeship Council. Beginning with appointments in 1985, three representatives each of employers and employees, and one public representative shall serve until January 15, 1989. In 1987, three representatives each of the employers and employees, and one public representative shall serve until January 15, 1991. Any member whose term expires on January 15, 1986, shall continue to serve until January 15, 1987. Thereafter each member shall serve for a term of four years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his or her predecessor shall be appointed for the remainder of that term. Each member of the council shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the council, for each day of actual attendance at hearings by the council or a committee thereof pursuant to Section 3082, and for each day of actual attendance at meetings of other committees established by the council and approved by the Director of Industrial Relations, together with his or her actual and necessary traveling expenses incurred in connection therewith.

Cal. Labor Code - LAB § 3071. Section 3071.

(a) The California Apprenticeship Council shall meet quarterly at a designated date and special meetings may be held at the call of the chair. The council shall issue rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in the building and construction trades and for firefighter occupations, hereinafter in this chapter referred to as apprenticeship standards, which in no case shall be lower than those prescribed by this chapter; and shall issue rules and regulations governing equal opportunities in apprenticeship, affirmative action programs which include women and minorities in apprenticeship, and other on-the-job training, and criteria for selection procedures with a view particularly toward eliminating criteria not relevant to qualification for training employment or more stringent than is reasonably necessary. (b) For purposes of this section, “firefighter occupations” means those occupations submitted by the California Firefighter Joint Apprenticeship Committee and approved by the Chief of the Division of Apprenticeship Standards. (c) Notwithstanding the standards established pursuant to subdivision (a), if the minimum wages, maximum hours, and working conditions for apprentices in the California Firefighter Joint Apprenticeship Program are in conflict with the provisions of a collective bargaining agreement with a public employer, the provisions of the collective bargaining agreement shall prevail.

Cal. Labor Code - LAB § 3071.5. Section 3071.5.

There is also in the Division of Apprenticeship Standards the Interagency Advisory Committee on Apprenticeship. The membership and duties of this committee shall be as follows: (a) The following officials or their designees shall serve as ex officio members of this committee: (1) The Secretary of Labor and Workforce Development. (2) The executive director of the California Workforce Development Board. (3) The Director of Industrial Relations. (4) The executive director of the Employment Training Panel. (5) The Superintendent of Public Instruction. (6) The Chancellor of the California Community Colleges. (7) The Director of Rehabilitation. (8) The executive director of the State Council on Developmental Disabilities. (9) The director of the State Department of Social Services. (10) The State Public Health Officer. (11) The Director of Consumer Affairs. (b) The membership of this committee shall also include six persons appointed by the Secretary of Labor and Workforce Development who are familiar with apprenticeable occupations not within the jurisdiction of the council established pursuant to Section 3070. Two persons shall be representatives of employers or employer organizations, two persons shall be representatives of employee organizations, and two persons shall be public representatives who are neither employers nor affiliated with any employer or employee organization. Upon the operative date of this section, the secretary shall appoint one representative of each group appointed to two-year terms and one representative of each group to four-year terms. Thereafter, members appointed by the secretary pursuant to this subdivision shall serve for a term of four years, and any member appointed to fill a vacancy occurring before the expiration of the term of their predecessor shall be appointed for the remainder of that term. Members appointed by the secretary pursuant to this subdivision shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the committee and for each day of actual attendance at hearings by the committee or a subcommittee thereof, together with actual and necessary traveling expenses incurred in connection therewith. (c) The Secretary of Labor and Workforce Development shall designate one of the members as the committee’s chair. The committee shall meet quarterly at a designated date, and special meetings may be held at the call of the chair. The committee shall provide advice and guidance to the Administrator of Apprenticeship and Chief of the Division of Apprenticeship Standards on apprenticeship programs, standards, and agreements that are not within the jurisdiction of the council established pursuant to Section 3070, and on the development and administration of standards governing preapprenticeship, certification, and on-the-job training and retraining programs outside the building and construction trades and firefighters. (d) The committee may create subcommittees as needed to address specific industry sectors or projects and shall create a subcommittee to address apprenticeship for the disabled community.

Cal. Labor Code - LAB § 3071.7. Section 3071.7.

(a) For purposes of this section: (1) “Current foster youth” means a child or nonminor dependent, as defined by Section 675(8) of Title 42 of the United States Code and subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is between the ages of 13 and 21 years, has been removed from the custody of their parent, legal guardian, or Indian custodian, pursuant to Section 361 or Section 726 of the Welfare and Institutions Code, and is under an order of foster care placement by the juvenile court. (2) “Former foster youth” means a person between the ages of 18 and 26 years who previously met the definition of “current foster youth.” “Former foster youth” does not include a child or nonminor dependent whose placement was terminated by reunification with a parent, legal guardian, Indian custodian, appointment of a legal guardian, or adoption. (3) “Foster youth” means current foster youth and former foster youth. (4) “Homeless youth” means a person up to 26 years of age who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code, as it read on January 1, 2021. (b) The Interagency Advisory Committee on Apprenticeship shall create a subcommittee to study and report on issues related to the participation of homeless youth and foster youth in apprenticeships and preapprenticeships. The subcommittee shall do all of the following: (1) Collect and organize publicly available or agency member data on the number of homeless youth and foster youth served by California’s apprenticeship system. Member data shall be deidentified to protect the privacy rights of individuals. (2) Evaluate the success rate of apprenticeships and preapprenticeships among homeless youth and foster youth. (3) Identify existing challenges related to identifying, reaching, and recruiting homeless youth and foster youth, along with potential opportunities to improve the rate of successful apprenticeship completion. (4) Prepare recommendations on how to address the challenges identified in paragraph (3), which may include considerations relative to the need for additional services or specialized training programs. (c) On and after July 1, 2023, the findings and recommendations identified in subdivision (b) shall be included in the annual report to the Legislature required by Section 3073.5. (d) At the request of any member of the subcommittee, the duties of the subcommittee described in subdivision (b) may be expanded to include issues related to minority populations.

Cal. Labor Code - LAB § 3072. Section 3072.

The Director of Industrial Relations is ex officio the Administrator of Apprenticeship and is authorized to appoint assistants as necessary to effectuate the purposes of this chapter.

Cal. Labor Code - LAB § 3073. Section 3073.

(a) The Chief of the Division of Apprenticeship Standards, or their duly authorized representative, shall administer the provisions of this chapter; act as secretary of the California Apprenticeship Council and the Interagency Advisory Committee on Apprenticeship; shall foster, promote, and develop the welfare of the apprentice and industry, improve the working conditions of apprentices, and advance their opportunities for profitable employment; shall ensure that selection procedures are impartially administered to all applicants for apprenticeship; shall gather and promptly disseminate information through apprenticeship and training information centers; shall maintain on public file in all high schools and field offices of the Employment Development Department the name and location of the local area apprenticeship committees, the filing date, and minimum requirements for application of all registered apprenticeship programs; shall cooperate in the development of apprenticeship programs and may advise with them on problems affecting apprenticeship standards; shall audit all selection and disciplinary proceedings of apprentices or prospective apprentices; may enter joint agreements with the Employment Development Department outreach education and employment programs, and educational institutions on the operation of apprenticeship information centers, including positive efforts to achieve information on equal opportunity and affirmative action programs for women and minorities; and shall supervise and recommend apprenticeship agreements as to these standards and perform such other duties associated therewith as the California Apprenticeship Council may recommend. The chief shall coordinate the exchange, by the California Apprenticeship Council, the Interagency Advisory Committee on Apprenticeship, apprenticeship program sponsors, the Civil Rights Council, community organizations, and other interested persons, of information on available minorities and women who may serve as apprentices. (b) The chief, in consultation with the Interagency Advisory Committee on Apprenticeship, shall issue rules and regulations that establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in all industries other than the building and construction trades and firefighter occupations, as well as standards governing preapprenticeship, certification, and other on-the-job training and retraining programs and agreements that are certified pursuant to this chapter. Pending the issuance of new rules and regulations pursuant to this subdivision, the following regulations in Title 8 of the California Code of Regulations shall apply to programs in all industries other than the building and construction trades and firefighting: Sections 200 to 202, inclusive, Sections 205 to 224, inclusive, Sections 235 to 263, inclusive, and Sections 281 to 282, inclusive, with the exception of any filing requirements, appeal rights, or other procedures pertaining to the California Apprenticeship Council. (c) Any determination or decision made by the California Apprenticeship Council before the operative date of the act adding subdivision (b) to this section shall be deemed a decision or determination of the chief with respect to any program, trade, or standard that does not remain under the jurisdiction of the California Apprenticeship Council.

Cal. Labor Code - LAB § 3073.1. Section 3073.1.

(a) The division shall evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, that all on-the-job training is supervised by journeypersons, that all classroom instruction required by the apprenticeship or preapprenticeship standards is being provided, that all work processes in the standards are being covered, that graduates have completed the program’s requirements, and that any funds received under this chapter were properly obtained and are being expended appropriately. The division shall examine each apprenticeship program to determine whether apprentices are graduating from or completing the program on schedule or dropping out and to determine whether graduates of the apprenticeship program have obtained employment as journeypersons. During the evaluation, the division shall attempt to contact a statistically valid sample of apprentices who have dropped out of the program prior to completion to determine their reasons for leaving the program. Every program sponsor shall have a duty to cooperate with the division in conducting an evaluation. (b) Evaluation reports for building and construction trade and firefighting programs shall be presented to the California Apprenticeship Council and reports concerning any other program shall be presented to the Interagency Advisory Committee on Apprenticeship. The division shall make reports public, except that the division shall not make public information that would infringe on the privacy of individuals. The division shall recommend remedial action to correct deficiencies recognized in the audit report, and the failure to follow division recommendations or to correct deficiencies within a reasonable period of time shall be grounds for withdrawing state approval of a program. In any case in which a program has willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the division may initiate the deregistration process to withdraw state approval of the program. Nothing shall prevent the division from conducting evaluations of programs where deficiencies have been identified or where it receives information that a program is not being operated in accordance with applicable federal and state laws and regulations or the program’s approved program standards. If a program is found to be using funds provided under this chapter for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program shall not be eligible to receive any future funding from the same funding program and the division may initiate the deregistration process to withdraw state approval of the program. (c) (1) The division may suspend registrations of new apprentice agreements by providing written notice of the reasons for the suspension. The division shall provide such notice at least 10 days before the suspension is effective and shall serve the notice on the program by electronic mail, or by mail if the program does not have an electronic mail address on file. (2) If the division does not initiate deregistration proceedings within 45 days of the effective date of the suspension, the suspension is lifted. (3) If deregistration proceedings are pending when the notice of suspension is served, or the division initiates deregistration proceedings within 45 days of the effective date of the suspension, the suspension will remain in effect until one of the following occurs: (A) A decision on the deregistration is final. (B) The division provides written notice that it has dismissed deregistration proceedings. (C) The division lifts the suspension, upon a showing of good cause. (4) A program affected by a suspension under this section may appeal to the Administrator of Apprenticeship within 10 days of the effective date of the suspension. If the administrator does not act within 30 days of the appeal, the appeal is deemed denied. (d) The division shall give priority in conducting evaluations to programs that have been identified as having deficiencies. The division may conduct simplified evaluations for programs with fewer than five registered participants. (e) One year following the creation of a new program or substantial expansion of an existing program, the division shall evaluate the program for quality and conformity with the requirements of this section. (f) If the division finds evidence that information provided to it by an apprenticeship program has been purposefully misstated, including information provided to obtain funding under this chapter, the division shall immediately investigate and determine whether an evaluation of the program or deregistration is necessary. After such investigation, the division may initiate the deregistration process to withdraw state approval of the program. The division shall report its investigatory findings for building and construction trade and firefighting programs to the California Apprenticeship Council and shall report its investigatory findings for all other programs to the Interagency Advisory Committee on Apprenticeship. The division shall make the investigatory findings available to the public, except that the division shall not make public information that would infringe upon the privacy of individuals. (g) If the division determines that an apprenticeship program has been the subject of two or more meritorious complaints that concern the recruitment, training, or education of apprentices within a five-year period, the division shall schedule the program for an evaluation within three months of the determination. (h) If the division determines that an apprenticeship program that has had at least two graduating classes has an annual apprentice completion rate below 50 percent of the average completion rate for the applicable occupation, the division shall schedule the program for an evaluation within three months of the determination.

Cal. Labor Code - LAB § 3073.2. Section 3073.2.

(a) The division may fund the programs established pursuant to this chapter by means of grants, reimbursements, or other appropriate funding mechanisms rather than contracts. The grants shall not be subject to the review or approval specified in Section 10295 of the Public Contract Code. The division may provide grants, reimbursements, or funding through other appropriate funding mechanisms for any purpose consistent with this chapter, including for training of apprentices or the establishment or ongoing support of an apprenticeship program. The division may enter into contracts or interagency agreements to carry out this function. (b) The division may apply for, receive, and use federal funding for the administration of its functions under this chapter.

Cal. Labor Code - LAB § 3073.3. Section 3073.3.

It is the intent of the Legislature that the Department of Industrial Relations will encourage greater participation for women, ethnic minorities, and the disabled in programs administered pursuant to this chapter.

Cal. Labor Code - LAB § 3073.5. Section 3073.5.

The Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship shall annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. The report shall contain information including, but not limited to, analyses of the following: (a) (1) The number of individuals, including numbers of women, minorities, foster youth, and homeless youth, registered in apprenticeship, preapprenticeship, and other programs administered pursuant to this chapter in the state for the current year and in each of the previous five years. (2) For construction trade and firefighter apprenticeship programs, the report shall include demographic data detailing the racial, ethnic, and gender makeup of those participants for the annual reporting period. (b) The number and percentage of participants, including numbers and percentages of women, minorities, foster youth, and homeless youth, registered in each program having five or more participants, and the percentage of those participants who have completed their programs successfully in the current year and in each of the previous five years. (c) Remedial actions taken by the division to assist those programs having difficulty in achieving affirmative action goals or having very low completion rates. (d) The number of disputed issues with respect to individual apprenticeship or other agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the administrator or the council on appeal. (e) The number of apprenticeship and other program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. (f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. (g) The number of apprenticeship programs receiving reimbursement for related and supplemental instruction pursuant to Section 8152 or 79149.3 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges. (h) The number of apprenticeship programs receiving reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 of the Education Code or its successor section, as described in Section 79149.1 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges. (i) The activities of the division in expanding youth apprenticeships and outcomes related to the Youth Apprenticeships Grant Program, including: (1) The number of new youth apprentices registered in the current year. (2) The number of active youth apprentices as of the end of the previous year. (3) The number of youth apprentices and preapprentices supported by the Youth Apprenticeship Grant Program, including numbers of women, minorities, foster youth, homeless youth, and individuals in “target populations” as defined in subdivision (g) of Section 3122. (4) The number of grant recipients and the amount of funding disbursed through the Youth Apprenticeship Grant Program pursuant to Section 3122. (j) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. (k) For purposes of this section: (1) “Current foster youth” means a child or nonminor dependent, as defined by Section 675(8) of Title 42 of the United States Code and subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is between the ages of 13 and 21 years, has been removed from the custody of their parent, legal guardian, or Indian custodian, pursuant to Section 361 or Section 726 of the Welfare and Institutions Code, and is under an order of foster care placement by the juvenile court. (2) “Former foster youth” means a person between the ages of 18 and 26 years who previously met the definition of “current foster youth.” “Former foster youth” does not include a child or nonminor dependent whose placement was terminated by reunification with a parent, legal guardian, Indian custodian, appointment of a legal guardian, or adoption. (3) “Foster youth” means current foster youth and former foster youth. (4) “Homeless youth” means a person up to 26 years of age who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code, as it read on January 1, 2021. (5) “Youth apprentice” means an apprentice between the ages of 16 and 24 years. (6) “Youth preapprentice” means a preapprentice between the ages of 16 and 24 years.

Cal. Labor Code - LAB § 3073.6. Section 3073.6.

Every person who willfully discriminates in any recruitment or apprenticeship program on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or both.

Cal. Labor Code - LAB § 3073.7. Section 3073.7.

(a) The Division of Apprenticeship Standards may cooperate in the provision of, or provide, services to the Employment Development Department, and to service delivery areas, as designated pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code. The Division of Apprenticeship Standards may enter into any agreements as may be necessary for this purpose. (b) The Division of Apprenticeship Standards shall exert maximum effort to persuade sponsors of its registered, nonfederally funded, voluntary apprenticeship and on-the-job training programs to accept to the maximum possible extent the eligible persons as described in the federal Workforce and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code.

Cal. Labor Code - LAB § 3073.9. Section 3073.9.

(a) No building and construction trades apprenticeship program shall discriminate against any apprentice or applicant for apprenticeship on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation with regard to all of the following: (1) Recruitment, outreach, and selection procedures. (2) Hiring or placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring. (3) Rotation among work processes. (4) Imposition of penalties or other disciplinary action. (5) Rates of pay or any other form of compensation and changes in compensation. (6) Conditions of work. (7) Hours of work and hours of training provided. (8) Job assignments. (9) Leaves of absence, sick leave, or any other leave. (10) Any other benefit, term, condition, or privilege associated with apprenticeship. (b) In implementing this section, the division and the Administrator of Apprenticeship shall look to the legal standards, defenses, and exceptions applied under the California Fair Employment and Housing Act, its implementing regulations, and any interpretive guidance issued by the Civil Rights Department in determining whether a building and construction trades apprenticeship program has engaged in a practice prohibited by subdivision (a). (c) Each building and construction trades apprenticeship program shall take affirmative steps to provide equal opportunity in apprenticeship, including: (1) The apprenticeship program shall designate one or more individuals with appropriate authority under the program, such as an apprenticeship coordinator, to be responsible and accountable for overseeing the program’s commitment to equal opportunity in apprenticeship. The designees shall have the resources of, support of, and access to, the apprenticeship program leadership, to ensure effective implementation. The designees will be responsible for all of the following: (A) Monitoring all apprenticeship activity to ensure compliance with the nondiscrimination obligations required by this section. (B) Maintaining records required under this section. (C) Generating and submitting reports as may be required by the division. (2) The apprenticeship program shall inform all applicants for apprenticeship, apprentices, instructors, and employees of the apprenticeship program of its commitment to equal opportunity. The apprenticeship program shall require that apprentices, instructors, and employees of the apprenticeship program take the necessary action to aid the apprenticeship program in meeting its nondiscrimination obligations under this section. The apprenticeship program, at a minimum, shall do all of the following: (A) Publish its equal opportunity pledge set forth in subdivision (c) in the program’s apprenticeship standards, and in appropriate publications, such as apprentice and employee handbooks, policy manuals, newsletters, or other documents disseminated by the apprenticeship program that otherwise describe the nature of the program. (B) Post its equal opportunity pledge set forth in subdivision (c) on bulletin boards, including through electronic media, such that it is accessible to apprentices and applicants for apprenticeship. (C) Conduct orientation and periodic information sessions for apprentices, instructors, and employees of the apprenticeship program to inform and remind such individuals of the apprenticeship program’s equal employment opportunity policy, and to provide the training required by subparagraph (A) of paragraph (4). (D) Provide annual notice to any contractor that employs apprentices of the apprenticeship program’s commitment to equal opportunity and the contractor’s obligation to ensure that apprentices it employs are not harassed or discriminated against on any of the bases described in subdivision (a). (E) Maintain records necessary to demonstrate compliance with these requirements, including records of complaints, and make them available to the Division of Apprenticeship Standards upon request. (3) The apprenticeship program shall implement measures to ensure that its outreach and recruitment efforts for apprentices extend to all persons available for apprenticeship within the apprenticeship program’s relevant recruitment area without regard to the characteristics described in subdivision (a). (4) The apprenticeship program shall develop and implement procedures to ensure that its apprentices are not harassed or discriminated against on any of the bases described in subdivision (a), and to ensure that its apprenticeship program is free from intimidation and retaliation. To promote an environment in which all apprentices feel safe, welcomed, and treated fairly, the apprenticeship program shall ensure all of the following steps are taken: (A) Providing antiharassment and antidiscrimination training to all apprentices, instructors, and employees of the apprenticeship program. This training shall not be a mere transmittal of information, but shall include participation by trainees, such as attending a training session in person or completing interactive training online. The training content shall include, at a minimum, communication of the following: (i) That discriminatory or harassing conduct will not be tolerated. (ii) The definition of discrimination and harassment and the types of conduct that constitute unlawful discrimination and harassment. (iii) The complaint procedures established by the apprenticeship program as described in subparagraph (C). (iv) The procedure for filing a complaint with the Administrator of Apprenticeship pursuant to Section 201 of Title 8 of the California Code of Regulations. (B) Making all facilities and apprenticeship activities available without regard to the characteristics described in subdivision (a) of this section except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship program may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity. (C) Establishing and implementing procedures for handling and resolving internal complaints about harassment or discrimination, including, but not limited to, the following: (i) Designation of an individual or individuals responsible to receive complaints by apprentices of harassment or discrimination. (ii) Procedures for prompt, thorough, and impartial investigation of complaints. (iii) Procedures to protect the confidentiality of complaints to the extent possible and consistent with law. (iv) Policies for immediate and appropriate corrective action when the program determines that harassment or discrimination has occurred, including policies for denying the dispatch of apprentices to, or revoking the training certification of, contractors that have been found by the apprenticeship program to have engaged in or permitted harassment of or discrimination against apprentices. (v) Protections against retaliation for apprentices who have reported instances of harassment or discrimination. (d) Each building and construction trades apprenticeship program shall include in its apprenticeship standards the following equal opportunity pledge: (1) [Name of program] will not discriminate against apprenticeship applicants or apprentices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation. [Name of program] will take affirmative steps to provide equal opportunity in apprenticeship. (2) The nondiscrimination categories listed in this pledge may be broadened to conform to consistent federal, state, and local requirements. Programs may include additional protected categories, but may not exclude any of the categories protected by this section. (e) An apprenticeship program may provide prevention of harassment training programs for journey-level workers. (f) An apprenticeship program shall maintain records reflecting the prevention of harassment training provided, dates of training, and apprentice or journey-level worker attendance, and shall issue a certificate of completion to the apprentice or journey-level worker. (g) The California Apprenticeship Council may issue rules and regulations as necessary to implement this section, including about what records apprenticeship programs shall maintain to demonstrate compliance with the requirements of this section. The division shall comply with the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) (1) Existing registered building and construction trades apprenticeship programs shall comply with all obligations of this section within 180 days of the effective date of this act. (2) A new building and construction trades apprenticeship program registering with the Division of Apprenticeship Standards after the effective date of this act shall comply with all obligations of this section upon registration or within 180 days after the effective date of this section, whichever is later. (i) Failure to comply with the requirements of this section may be grounds for an audit in accordance with Section 3073.1, a complaint to the Administrator of Apprenticeship in accordance with Section 201 of Title 8 of the California Code of Regulations, or other actions in accordance with Section 212.4 of Title 8 of the California Code of Regulations. This section shall not create, or serve as the basis for, a private right of action, or limit any existing private right of action.

Cal. Labor Code - LAB § 3074. Section 3074.

The preparation of trade analyses and development of curriculum for instruction, and the administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for this instruction shall be the responsibility of, and shall be provided by, state and local boards responsible for vocational education upon agreement with the program sponsor. This responsibility shall not preclude the establishment of off-campus related and supplemental instruction when approved, developed, and operated in cooperation with state and local school boards responsible for vocational education, and when the instruction meets all other requirements of this chapter. It is the intent of this chapter that the instruction shall be made available to apprentices through classroom instruction, correspondence courses, self-study, or other means of instruction approved by state and local public education agencies authorized to provide vocational education. Pursuant to this chapter all excess costs incurred by local public education agencies exceeding state apportionments and local revenue earned by the attendance of apprentices shall be payable by the program sponsor, upon joint agreement between the sponsor and the local education agency. The State Board of Education and the Board of Governors of the California Community Colleges, and the Division of Apprenticeship Standards shall jointly issue regulations regarding calculation and payment provisions of excess costs to be borne by the program sponsors. All funds accrued by local education agencies from attendance in apprenticeship classes authorized by this section shall be expended or allocated for all such classes offered by the local education agency before excess costs may be claimed. The Department of Education and the Board of Governors of the California Community Colleges may provide related and supplemental instruction to isolated apprentices as a direct instructional service, on a contractual basis with local school districts, by correspondence, or by a combination of these means. For the purpose of this section, an isolated apprentice is an apprentice registered with the Division of Apprenticeship Standards in the Department of Industrial Relations who cannot be enrolled in a class of related and supplementary instruction for apprentices because of the small number of apprentices available for an appropriate class or because there is no existing apprenticeship program within a reasonable travel distance. Interested parties may file a complaint in accordance with Section 201 of Title 8 of the California Administrative Code, when a community college or secondary education district is unable to reach agreement with program sponsors in providing related and supplemental instruction. In the process of securing an amicable adjustment, the administrator, or his or her representative, shall meet with the parties involved, including, but not limited to, the chancellor, or his or her representative, or the Superintendent of Public Instruction, or his or her representative. Community colleges, and other public school districts, shall refuse to provide related and supplemental instruction to an apprenticeship program when it is determined by the Administrator of Apprenticeship that the program sponsor has been found to be in noncompliance with the State of California Plan for Equal Opportunity in Apprenticeship.

Cal. Labor Code - LAB § 3074.1. Section 3074.1.

In compliance with the affirmative action requirements of California’s plan for equal opportunity in apprenticeship, school districts maintaining high schools, community colleges districts, and apprenticeship program sponsors, shall provide students with information as to the availability of apprenticeship programs.

Cal. Labor Code - LAB § 3074.2. Section 3074.2.

(a) For the purposes of this section: (1) “Career fair” means an event where multiple private businesses, government agencies, university representatives, or career technical school representatives are invited by a school or school district to present career options or career technical education options for students. (2) “College fair” means an event where multiple college or university representatives are invited by a school or school district to present college options to students. (3) “School” means public schools, including, but not limited to, charter schools and alternative schools. (b) (1) A school district or school that is planning to hold a college or career fair shall notify each apprenticeship program in the same county as the school district or school of the college or career fair. In determining the county location of an apprenticeship program, the school district or school shall rely on the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website. (2) The notification shall include both of the following: (A) The planned date and time of the college fair or career fair. (B) The planned location of the college fair or career fair. (3) Notice shall be delivered before the planned date of the college or career fair either by first-class mail or by electronic mail pursuant to the contact information contained in the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website. (c) School districts and schools are encouraged by the Legislature to host apprenticeship fair events, in the style of college and career fair events that are focused on local apprenticeship programs and career technical education opportunities.

Cal. Labor Code - LAB § 3074.3. Section 3074.3.

In providing related and supplemental instruction pursuant to Section 3074, and notwithstanding any provisions of the Education Code, the Superintendent of Public Instruction and the Chancellor of the California Community Colleges shall recognize registration in an apprenticeship program approved by the Division of Apprenticeship Standards in the Department of Industrial Relations as an acceptable prerequisite to enrollment into such related and supplemental classes.

Cal. Labor Code - LAB § 3074.7. Section 3074.7.

Notwithstanding any other provision of law, the governing board of a school district which offers classroom instruction in postgraduate and upgrading courses pursuant to subdivision (d) of Section 3093 of this code may impose a fee upon individuals receiving instruction in such postgraduate and upgrading courses. Such fee shall be not more than the amount necessary, as determined by the governing board, to cover the total cost of all such classroom instruction given the individuals.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026