N.M. Admin. Code § 11.1.2.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 11.1.2.19 - APPRENTICES

A. Requirements of apprentices:

(1) All apprentices shall be properly indentured.

(2) Apprentices used on public works projects shall be in training and in compliance under registered apprenticeship standards and written apprenticeship agreements, and their employment shall be in accordance with the provisions of such apprenticeship standards and apprenticeship agreements.

(3) Apprentices shall be employed only at the work of the trade to which they are indentured.

(4) Certification showing registration status of apprentices must accompany the first full payroll on which each apprentice first appears. Certification on any registered apprentice shall be made by the contractor, and verification may be obtained from the Labor Relations Division, Apprenticeship Office.

B. Method of establishing apprentice wage rates: Every apprentice shall be paid a wage rate applicable to his craft and classification in accord with the wage rates established by the approved apprenticeship program.

C. Apprenticeship contribution rates: the director shall consider the apprenticeship contribution rates set forth in the collective bargaining agreements that are received and reviewed in setting the annual wage and fringe benefit rates and shall determine the contribution requirements for employers under the provisions of the Public Works Apprentice and Training Act and Public Works Apprentice and Training Act Policy Manual. The apprenticeship contribution rate to be included in the table set forth in 11.1.2.20 NMAC shall be a fixed rate based on the contribution rates set forth in the submitted collective bargaining agreements. The amount of any apprentice contribution, which is included in the fringe rate shown in this schedule, may be deducted from the fringe benefit rate to be paid to, or on behalf of, an employee.

D. Apprentices participating in an approved apprenticeship program registered with the Apprenticeship Office who are required to attend unpaid training sessions during weeks in which they are not otherwise receiving compensation may be eligible to receive unemployment benefits for the training weeks under 51-1-1 et seq. NMSA as long as all other unemployment eligibility requirements are met.

N.M. Admin. Code § 11.1.2.19

11.1.2.19 NMAC - N, 3/15/12, Adopted by New Mexico Register, Volume XXVII, Issue 24, December 30, 2016, eff. 12/30/2016, Amended by New Mexico Register, Volume XXXI, Issue 21, November 10, 2020, eff. 11/10/2020, Amended by New Mexico Register, Volume XXXI, Issue 24, December 29, 2020, eff. 11/10/2020