Laserfiche WebLink
records upon request or to make such records available may be <br />grounds for debarment action pursuant to 29 CFR 5.12. <br />(4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at <br />less than the predetermined rate for the work they performed when they are <br />employed pursuant to and individually registered in a bona fide apprenticeship <br />program registered with the U.S. Department of Labor, Employment and Training <br />Administration, Office of Apprenticeship Training, Employer and Labor Services, or <br />with a State Apprenticeship Agency recognized by the Office, or if a person is <br />employed in his or her first 90 days of probationary employment as an apprentice <br />in such an apprenticeship program, who is not individually registered in the <br />program, but who has been certified by the Office of Apprenticeship Training, <br />Employer and Labor Services or a State Apprenticeship Agency (where <br />appropriate) to be eligible for probationary employment as an apprentice. The <br />allowable ratio of apprentices to journeymen on the job site in any craft classification <br />shall not be greater than the ratio permitted to the contractor as to the entire work <br />force under the registered program. Any worker listed on a payroll at an apprentice <br />wage rate, who is not registered or otherwise employed as stated above, shall be <br />paid not less than the applicable wage rate on the wage determination for the <br />classification of work actually performed. In addition, any apprentice performing <br />work on the job site in excess of the ratio permitted under the registered program <br />shall be paid not less than the applicable wage rate on the wage determination for <br />the work actually performed. Where a contractor is performing construction on a <br />project in a locality other than that in which its program is registered, the ratios and <br />wage rates (expressed in percentages of the journeyman's hourly rate) specified in <br />the contractor's or subcontractor's registered program shall be observed. Every <br />apprentice must be paid at not less than the rate specified in the registered program <br />for the apprentice's level of progress, expressed as a percentage of the journeymen <br />hourly rate specified in the applicable wage determination. Apprentices shall be <br />paid fringe benefits in accordance with the provisions of the apprenticeship <br />program. If the apprenticeship program does not specify fringe benefits, <br />apprentices must be paid the full amount of fringe benefits listed on the wage <br />determination for the applicable classification. If the Administrator determines that <br />a different practice prevails for the applicable apprentice classification, fringes shall <br />be paid in accordance with that determination. In the event the Office of <br />Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship <br />Agency recognized by the Office, withdraws approval of an apprenticeship <br />program, the contractor will no longer be permitted to utilize apprentices at less than <br />the applicable predetermined rate for the work performed until an acceptable <br />program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted <br />to work at less than the predetermined rate for the work performed unless <br />they are employed pursuant to and individually registered in a program <br />which has received prior approval, evidenced by formal certification by the <br />U.S. Department of Labor, Employment and Training Administration. The <br />ratio of trainees to journeymen on the job site shall not be greater than <br />permitted under the plan approved by the Employment and Training <br />Administration. Every trainee must be paid at not less than the rate specified <br />in the approved program for the trainee's level of progress, expressed as a <br />percentage of the journeyman hourly rate specified in the applicable wage <br />determination. Trainees shall be paid fringe benefits in accordance with the <br />provisions of the trainee program. If the trainee program does not mention <br />fringe benefits, trainees shall be paid the full amount of fringe benefits listed <br />207 <br />