The 9th Circuit Court of Appeals has ruled that the California Department of Industrial Relations (CDIR) did not violate U.S. Department of Labor (DOL) apprenticeship rules when it ordered three contractors to remove from public works projects apprentices who were enrolled in a federally run program.
The apprenticeship program—the Independent Training and Apprentice Program (I-TAP)—had challenged CDIR’s action.
In 2010, CDIR charged that the contractors violated California’s prevailing wage law by hiring I-TAP apprentices. I-TAP is approved by the DOL for federal purposes, but is not an approved apprenticeship program for state-level projects.
The CDIR also noted that the three projects’ funding did not require them to follow federal apprenticeship standards.
Therefore, the contractors should only have hired apprentices from existing California programs.
Note: Using apprentices for public projects? Determine which regulations apply to each job you bid on.