The National Apprenticeship Act (also known as the Fitzgerald Act), 29 U.S. Code 50, provides for the U.S. Department of Labor to establish national standards for state apprenticeship programs. The federal regulations which provide the details of the standards are found at 29 CFR Part 29. The Wisconsin state apprenticeship program has been approved by the U.S. Department of Labor under the federal standards. Plain Language Analysis
This rule will administer an apprenticeship completion award program to partially reimburse the tuition costs paid for apprentices who have successfully completed part or all of their apprenticeship requirements, and who are employed in the trade, craft or business in which the apprentice was trained.
This rule will do all of the following:
Establish requirements that allow DWD to distribute tuition reimbursement completion awards to an apprentice or to the sponsor of the apprentice, in an amount of up to 25% of the tuition costs, but no more than $1000.
Allow DWD to distribute awards in two parts. The first payment may be made upon the successful completion of the first year of the apprentice's contract, but the payment may not exceed $250. The remainder of the award may be distributed upon the final completion of all requirements under the apprentice's contract.
Deny applications for reimbursement that would otherwise qualify, if the amount of total reimbursement requests applied for exceeds the amount appropriated, based on the dates on which apprentices and sponsors of the apprentice become eligible for the apprenticeship completion awards.
Identify requirements that an applicant seeking reimbursement under this program must meet when the applicant is delinquent in child support or maintenance payments, or owes past support, medical expenses or birth expenses. Summary of, and comparison with, existing or proposed federal statutes and regulations
The Code of Federal Regulation Chapter 29, Part 29, governs the U.S. Department of Labor Standards for the Registration of Apprentice Programs. There are no federal statutes or regulations equivalent to this apprenticeship completion award program. Comparison with rules in adjacent states
Minnesota has implemented laws relating to voluntary apprentice program administration, but does not have any comparable rules or programs similar to the apprenticeship completion award program.
Illinois, Iowa and Michigan do not have their own state apprenticeship laws and rely on federal standards.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. Act 57 authorized and required the department to create this rule. The department has adequate revenue to administer this program during the current biennium under the general purpose revenue provided for fiscal years 2013-14 and 2014-15.
Analysis and supporting document used to determine effect on small business or in preparation of an economic impact analysis
This rule does not impose any new regulatory burdens on any business. The purpose of this rule is to reimburse eligible tuition costs to an apprentice, or to the sponsor of the apprentice, upon successful completion of the first year under the apprentice's contract or upon the full completion of the apprentice's contract.
Effect on small business
This rule does not place any requirements on small businesses but it may have a positive impact on small businesses that employ apprentices and incur tuition costs. Small businesses that incur tuition costs may be eligible for reimbursement of up to $1,000 per apprentice.
Agency contact person
Questions and comments related to this rule may be directed to:
Karen Morgan
Department of Workforce Development
Division of Employment and Training
P.O. Box 7972
Madison, WI 53708-7972
Telephone: (608) 266-3133
Public hearing
A public hearing on the proposed rule was held on May 15, 2014. There were no appearances and no comments on the proposed rule were filed.
Section 1. DWD 295.001 (4) (a) to (c) and (21) are amended to read:
DWD 295.001 (4) (a) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program;.
(b) The department has established that an individual is eligible for probationary employment as an apprentice under a registered apprenticeship program;.
(c) The department has determined that an apprenticeship has successfully met the requirements to receive an interim credential; or.
(21) "Sponsor" means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is or will be registered or approved has the meaning given in s. 106.001 (8), Stats. Section 2. DWD 295.02 (2) (intro.), (b) (intro.), 15. (intro.) and a. and b. are amended to read:
DWD 295.02 (2) (intro.) To be eligible for approval and registration by the department, an apprenticeship program shall conform to all of the following standards:
(b) The program standards shall contain provisions that address all of the following:
15. (intro.) The transfer of an apprentice between apprenticeship programs and within an apprenticeship program shall be based on agreement between the apprentice and the affected local apprenticeship committees or program sponsors and the department, and shall comply with all of the following requirements:
a. The transferring apprentice shall be provided a transcript of related instruction and on-the-job learning by the committee or program sponsor;.
b. Transfer shall be to the same occupation; and.
Section 3. DWD 295.07 (3) (e) (intro.) and 1. are amended to read:
DWD 295.07 (3) (e) (intro.) A statement showing all of the following:
1.
The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program; and. Section 4. DWD 295.15 (2) (intro.), and (a) to (c) are amended to read:
DWD 295.15 (2) (intro.) Occupational criteria. In order for a new occupation to be approved by the department as an apprenticeable occupation, the department shall find that the occupation includes all of the following:
(a)
Involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;.(b)
Is clearly identified and commonly recognized throughout an industry;.(c)
Involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and. Section 5. DWD 295.20 (4) (c) (intro.), (5) (b) (intro.) and 1. to 4., and (c) (intro.) and 1. to 4. are amended to read:
DWD 295.20 (4) (c) (intro.) Timely objection. If the department receives an objection within the 20-day period provided in the notice of intent to cancel, all of the following provisions apply:
(5) (b) (intro.) Examples of violations of the apprentice contract which may be appropriate subject matter for a hearing on a complaint to the department under this chapter may include any of the following:
1. That the employer or other party to the apprentice contract has not provided to the apprentice the proper on-the-job learning as required in the apprentice contract;.
2. That the employer or other party to the apprentice contract has failed to provide to the apprentice the proper related instruction as required in the apprentice contract;.
3. That the employer or other party to the apprentice contract has assigned the apprentice to perform job duties which do not provide the proper on-the-job learning as required in the apprentice contract;.
4. That the employer or other party to the apprentice contract has failed to pay the wages as required in the apprentice contract;.
(c) (intro.) Examples of matters which are unrelated to the provisions of the apprentice contract which are not appropriate subjects for a hearing by the department under this chapter may include any of the following:
1. Employee absenteeism or tardiness at work or school;.
2. Employee use of drugs or alcohol on the job at work or school;.
