Labor Compliance Assistance: Federal vs. State Apprenticeship Agencies

When launching a Registered Apprenticeship Program, you have to play by the rules—and there are a lot of them.  

A successful Apprenticeship Program requires compliance. You have to meet standards set by the U.S. Department of Labor Office of Apprenticeship and State Apprenticeship Agencies, both of which exist to help you understand and implement regulations. But that is where their similarities end. Depending on the state you operate in, these entities fill different roles.

It’s vital to understand how compliance applies to your Registered Apprenticeship Program and know the specific roles for every agency involved. The regulatory framework these organizations have set up will help you with compliance.

How Does Labor Compliance Apply to Registered Apprenticeship Programs? 

Even if you’ve never had a Registered Apprenticeship Program, you have likely dealt with labor compliance in other areas of your business.

Labor compliance involves adhering to laws and regulations regarding the employment and treatment of workers. An Apprenticeship Program must meet Federal and State standards for labor compliance, including minimum wage requirements, equal opportunity laws, health and safety regulations, and other applicable laws and regulations. 

As an employer with a Registered Apprenticeship Program, you agreed to comply with standards established by the U.S. DOL Office of Apprenticeship (OA) and State Apprenticeship Agencies (SAAs). Depending on where your program operates, one of these organizations will evaluate or audit your program to make sure it measures up.

By making labor compliance a key aspect of Registered Apprenticeship Programs, OA and SAAs protect apprentices’ rights and well-being while also ensuring they receive the education and training they need to succeed in their careers.

Apprenticeship Labor Compliance: Who Can Help?

You may have questions as you launch and operate an Apprenticeship. If you want to understand how to comply with the rules and regulations tied to Registered Apprenticeships, you can seek assistance from several entities.

• State Apprenticeship Agency (SAA): Many states have established SAAs to oversee Apprenticeships within the state. These organizations can provide information on specific requirements and regulations for Registered Apprenticeships in your area and can help you with compliance.
• Federal Office of Apprenticeship (OA): The OA, which is part of the U.S. DOL’s Employment and Training Administration (ETA), oversees the promotion and development of Apprenticeship Programs across the U.S. and provides labor compliance assistance. The organization can also help you set Apprenticeship standards and guidelines.
• Apprenticeship Sponsors & Industry Intermediaries:  These organizations, which can include employers, labor unions, or other organizations and committees, are charged with supporting, implementing and administering Registered Apprenticeship Programs. This includes managing Federal and State Apprenticeship compliance requirements.  

Legal Advisors can also help with labor compliance. Getting advice from an attorney familiar with labor laws and regulations can help your program comply with laws and regulations pertaining to Registered Apprenticeships.

You can also avoid compliance issues by investing in an Apprenticeship Management System like ApprentiScope. ApprentiScope’s software is purpose-built to streamline all aspects of Apprenticeship program management, from OJT & RTI to USDOL compliance, to empower organizations of all sizes to scale Apprenticeships.

Office of Apprenticeship vs. State Apprenticeship Agencies: What’s the difference?

The Office of Apprenticeship and State Apprenticeship Agencies are the heavy lifters when it comes to compliance. In the United States, both agencies play an important role in promoting and overseeing Apprenticeships. However, before tapping these agencies for help, it’s important to understand the differences between the two.

1. Jurisdiction. Know where each agency operates and has authority. Under the auspices of the U.S. Department of Labor, the OA operates field offices in states without SAAs. Here, the OA promotes and oversees Apprenticeships. In some states, the SAA handles this task.
2. Role. The role of the OA is to promote and oversee Apprenticeships nationwide. The organization sets standards for Registered Apprenticeships and provides support to employers, workers, and State Apprenticeship Agencies. State Apprenticeship Agencies administer and oversee Apprenticeship Programs within their state. They register Apprenticeship Programs, provide technical assistance to employers, and enforce standards and regulations.
3. Funding. The Federal government funds the OA, while SAAs may receive Federal and State funding and support.
4. Relationship to Employers. OAs and SAAs also have different relationships with employers. For instance, the OA works with employers and other stakeholders to develop and implement Apprenticeship Programs. SAAs are more hands-on in providing technical assistance to employers with Apprenticeship Programs.

There are different responsibilities for the Office of Apprenticeship and State Apprenticeship Agencies. But both play critical roles in promoting and overseeing Apprenticeships. Understanding their jurisdictional responsibilities, roles, funding sources, and how they interact with employers will help you turn to the right organization when you need help.

Related Content: DOL Compliance Assistance: Working with ApprentiScope

Takeaway

You can avoid common compliance pitfalls by adhering to Federal and State rules for Apprenticeships.

Ensuring compliance can be a lot to keep track of, but you do not have to go it alone. The Federal Office of Apprenticeship and State Apprenticeship Agencies are here to help you with compliance needs. Knowing the roles each organization plays in your state can put you on a path to compliance with their assistance guiding the way.