Section 11K. To be approved by and registered with the division, an apprentice program shall substantially conform with the following basic standards:—
(a) The ratio of apprentices to journeypersons shall not conflict with the ratio established in apprenticeable occupations operated by the joint labor management apprentice training programs approved under this chapter. Notwithstanding section 11G, neither the deputy director, the director, nor the apprenticeship council shall set up and establish conditions and training standards for apprentice programs which are in conflict with this ratio.
(b) The apprentice program shall be open to all persons at least 16 years old and shall not discriminate on the basis of age, race, color, creed, national origin, gender, sexual orientation or disability.
(c) The apprentice program shall ensure that each apprentice works a minimum of 2,000 hours of employment, consistent with training requirements as established by industry practice, at the occupation to which he is apprenticed. The apprentice program shall ensure that each apprentice receives a minimum of 150 hours annually of related classroom instruction in the occupation to be learned, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor.
(d) The apprentice program must ensure that each apprentice is paid in accordance with a predetermined schedule of wage rates based on the journeyperson rate, said schedule to progressively increase with the apprentice's skill level and average at least 50 per cent of the journeyperson's rate for the apprenticeship term.
(e) The apprentice program shall allow credit or advanced standing to be granted to an apprentice for hands-on training or related instruction which the apprentice may have previously obtained, but all such credit or advanced standing shall comply with this chapter.
(f) The apprentice program shall establish a procedure to receive, investigate and resolve apprentices' complaints about the program. The procedure shall provide that any such complaint shall be filed within 6 months after the apprentice knew, or reasonably should have known of the act giving rise to the complaint. Notice of the complaint procedure shall be provided to all apprentices. Such notice shall advise an apprentice that the division is available to receive, investigate and resolve any complaints about the program that have not been resolved to the satisfaction of the apprentice after all internal procedures have been fully exhausted.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 23 - Executive Office of Labor and Workforce Development
Section 3a - Surcharge on Fees Assessed by Department of Labor Standards
Section 9h - Emergency Commission
Section 9k - Deputy or Assistant Directors; Bonding
Section 9n - State Advisory Council; Board of Review
Section 9p - Dispute Resolution Office
Section 9s - Joint Labor-Management Committee
Section 9t - Director of Division; Appointment; Powers and Duties
Section 9u - Report to the General Court
Section 11a - Department of Labor Standards; Creation; Powers and Duties
Section 11e - Apprenticeship Council; Members; Terms; Expenses; Meetings
Section 11f - Deputy Director of Apprentice Standards; Appointments
Section 11i - Apprentice Agreements; Basic Standards
Section 11j - Apprentice Agreements; Approval; Signing; Training Period
Section 11u - Violations of Apprentice Agreement; Investigation; Rules; Hearings; Notice; Appeals
Section 11v - Apprentice Agreements in Collective Bargaining Agreements