DOL to Enforce States’ Compliance with Registered Apprenticeship Program

On March 9, the U.S. Department of Labor (DOL) released guidance requiring states to harmonize their laws, regulations and practices with federal rules concerning the administration of the National Apprenticeship System (NAS).

The guidance is intended to promote the growth and ease of use of the Registered Apprenticeship program.

“We’re removing the administrative roadblocks that have prevented Registered Apprenticeship from scaling to meet demand,” said U.S. Secretary of Labor Lori Chavez-DeRemer in a press release.

In 23 states, the NAS is directly administered by the DOL’s Office of Apprenticeship. But in 27 states and the District of Columbia, the NAS is administered by State Apprenticeship Agencies exercising authority delegated from DOL. Many of these states have in turn delegated the authority to register new programs and enforce standards to non-governmental State Apprenticeship Councils (SACs).

In states where SACs administer the program, critical outcomes such as new program registration lag those in other states. Many Registered Apprenticeship program sponsors and potential sponsors in these states report significant obstacles to the creation or expansion of Registered Apprenticeship programs, especially new programs serving industry segments that are underrepresented in the apprenticeship program.

The guidance would require that these states “initiate and expedite corrective action to remedy all areas of non-conformity” with federal law requiring that State Apprenticeship Agencies retain their delegated authority. The guidance further provides that applicants for program registration that are facing improper barriers to registration may request that DOL register the apprenticeship program in the state.

NAHB will monitor DOL’s implementation of this guidance covering an important area of workforce development for the residential construction industry.