A.) No employee shall be deemed an apprentice
unless he is as herein defined.
B.) Serving laborers, helpers, assistants and
apprentices shall not be classified as common labor and shall
be provided supplements in accordance with the prevailing 13
practices as hereinafter defined.
C.) No employee shall be deemed to be an apprentice
unless he is individually registered in an apprenticeship program
which is duly registered with the {industrial} commissioner
in conformity with the provisions of article twenty-three of
this chapter.
D.) The supplements, as hereinafter defined, to
be provided to laborers, workmen or mechanics upon any material
to be used upon or in connection therewith, shall be in accordance
with the prevailing practices in the same trade or occupation
in the locality within the state where such public work on,
about or in connection with which such labor is performed in
its final or completed form is to be situated, erected or used.
Such contracts shall contain a provision that each laborer,
work- man or mechanic, employed by such contractor, subcontractor
or other person about or upon such public work, shall be provided
the supplements as required in this article.
E.) Employees cannot be paid apprentice rates
unless they are individually registered in a program registered
with the New York State Commissioner of Labor. The allowable
ratio of apprentices to journey-workers in any craft classification
can be no greater than the statewide building trade ratios promulgated
by the Department of Labor and included with the Prevailing
Rate Schedule. An employee listed on a payroll as an apprentice
who is not registered as above or is performing work outside
the classification of work for which the apprentice is indentured,
must be paid the prevailing journey-worker's wage rate for the
classification of work the employee is actually performing.
F.) Article 8 of the New York State Labor Law
requires that only apprentices individually registered with
the New York State Department of Labor may be paid apprenticeship
rates on a public work project. No other Federal or State Agency
or office registers apprentices in New York State.
G.) All requests for verification must include
the name and social security number of the person for whom the
information is requested.
H.) The only conclusive proof of individual apprentice
registration is written verification from the Albany Apprenticeship
Training Central Office. Neither Federal nor State Apprenticeship
Training offices outside Albany can provide conclusive registration
information.
I.) It should be noted that the existence of a
registered apprenticeship program is not conclusive proof that
any person is registered in that program. Furthermore, the existence
or possession of wallet cards, identification cards or copies
of state forms is not conclusive proof of the registration of
any person as an apprentice.
