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| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1351Introduced by Senator DurazoFebruary 18, 2022 An act to amend Section 226 of add Article 5 (commencing with Section 3120) to Chapter 4 of Division 3 of the Labor Code, relating to employment. apprenticeship programs.LEGISLATIVE COUNSEL'S DIGESTSB 1351, as amended, Durazo. Itemized wage statements. California Youth Apprenticeship Program.Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards, under the direction of the Chief of the Division of Apprenticeship Standards, to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs.This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve a specified target population. The bill would define target population as individuals from 16 to 24 years of age who are unhoused, in the child welfare, juvenile justice, or criminal justice system, live in concentrated poverty, or face barriers to labor market participation, among other criteria. The bill would establish the Office of the California Youth Apprenticeship Program within the Division of Apprenticeship Standards to administer the program. The bill would require the office to solicit proposals and select grant recipients from eligible applicants, including, among others, county offices of education, regional consortia of community college districts, and local intermediaries. The bill would specify information required to be included in a grant proposal and would specify eligible purposes for use of grant funds. The bill would require the office to complete planning to implement the program by October 31, 2023, and would require the office to begin soliciting grant proposals by March 31, 2024. The bill would require the office to monitor grant recipients for compliance and would require grant recipients to provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. The bill would provide that the program shall be implemented only if funds are appropriated by the Legislature for purposes of the program. The bill would state various findings and declarations of the Legislature relating to apprenticeships.Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized wage statement showing specified information. This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality jobs and careers through apprenticeships. The silver tsunami in many of Californias most important sectors means employers and public agencies need to incorporate high road partnerships with youth apprenticeships as a central component of their workforce and talent pipeline strategy.(o) Apprenticeships and other high road partnerships build succession road maps and enable knowledge transfer. A formal apprenticeship becomes a plan to avoid losing decades of experience, and important components, such as mentorship through on the job learning, are examples of how to foster this knowledge transfer.(p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those who are unhoused or in the child welfare and juvenile justice systems.(q) A recent study from the University of Chicago found that from 2000 to 2015, economic segregation in schools has worsened, particularly in districts like Los Angeles, and as a result has widened the achievement gap for youth of color living in deeply segregated neighborhoods of concentrated poverty.(r) The aforementioned issues are the result of systemic racism which limits opportunities for youth, especially youth from Black and Indigenous families. Any system for career connected learning must aspire to reverse these historic inequities.(s) For participating youth, wraparound support services and the engagement of families, caregivers, and youth serving community-based organizations and support networks are critical and essential. This is evident from model programming in Wisconsin, Washington State, Colorado, North Carolina, and elsewhere.(t) Establishing pipelines for youth to enter growth industries for on-the-job training that allows them to earn and learn is a proven practice that can transform their participation in the labor force fostering economic security and prosperity as well as strengthening the sustainability of the overall economy.(u) The State Department of Education, the Chancellors Office of the California Community Colleges, the Foundation for California Community Colleges, the Labor and Workforce Development Agency, the California Workforce Development Board, the Employment Training Panel, and the Division of Apprenticeship Standards are all critical stakeholders in supporting and advancing the California Youth Apprenticeship Program.(v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin are national models for youth programming and include partnerships between their department of education, the community college system, the workforce development agency, businesses, and labor.SEC. 2. Article 5 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read: Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them.3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program.3128. The office shall adopt regulations necessary to implement this article.3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes.SECTION 1.Section 226 of the Labor Code is amended to read:226.(a)An employer, semimonthly or at the time of each payment of wages, shall furnish to their employee, either as a detachable part of the check, draft, or voucher paying the employees wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, copy includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision.(b)An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.(c)An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made.(d)This section does not apply to an employer of a person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.(e)(1)An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorneys fees.(2)(A)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement.(B)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following:(i)The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a).(ii)Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a).(iii)The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period.(iv)The name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number.(C)For purposes of this paragraph, promptly and easily determine means a reasonable person would be able to readily ascertain the information without reference to other documents or information.(3)For purposes of this subdivision, a knowing and intentional failure does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section.(f)A failure by an employer to permit a current or former employee to inspect or receive a copy of records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer.(g)The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity.(h)An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorneys fees.(i)This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employees wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employees social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher.(j)An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply:(1)The employees compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission.(2)The employee is exempt from the payment of minimum wage and overtime under any of the following:(A)The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission.(B)The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission.(C)The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5.(D)The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission.(E)The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code.(F)The exemption for a crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission.(G)The exemption for an individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission. | |
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| 3 | - | ||
| 3 | + | Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1351Introduced by Senator DurazoFebruary 18, 2022 An act to amend Section 226 of add Article 5 (commencing with Section 3120) to Chapter 4 of Division 3 of the Labor Code, relating to employment. apprenticeship programs.LEGISLATIVE COUNSEL'S DIGESTSB 1351, as amended, Durazo. Itemized wage statements. California Youth Apprenticeship Program.Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards, under the direction of the Chief of the Division of Apprenticeship Standards, to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs.This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve a specified target population. The bill would define target population as individuals from 16 to 24 years of age who are unhoused, in the child welfare, juvenile justice, or criminal justice system, live in concentrated poverty, or face barriers to labor market participation, among other criteria. The bill would establish the Office of the California Youth Apprenticeship Program within the Division of Apprenticeship Standards to administer the program. The bill would require the office to solicit proposals and select grant recipients from eligible applicants, including, among others, county offices of education, regional consortia of community college districts, and local intermediaries. The bill would specify information required to be included in a grant proposal and would specify eligible purposes for use of grant funds. The bill would require the office to complete planning to implement the program by October 31, 2023, and would require the office to begin soliciting grant proposals by March 31, 2024. The bill would require the office to monitor grant recipients for compliance and would require grant recipients to provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. The bill would provide that the program shall be implemented only if funds are appropriated by the Legislature for purposes of the program. The bill would state various findings and declarations of the Legislature relating to apprenticeships.Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized wage statement showing specified information. This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 15, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate May 19, 2022 | |
| 8 | 7 | Amended IN Senate March 15, 2022 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 1351 | |
| 15 | 14 | ||
| 16 | - | Introduced by Senator | |
| 15 | + | Introduced by Senator DurazoFebruary 18, 2022 | |
| 17 | 16 | ||
| 18 | - | Introduced by Senator Durazo | |
| 17 | + | Introduced by Senator Durazo | |
| 19 | 18 | February 18, 2022 | |
| 20 | 19 | ||
| 21 | - | An act to add Article 5 (commencing with Section 3120) to Chapter 4 of Division 3 of the Labor Code, relating to apprenticeship programs. | |
| 20 | + | An act to amend Section 226 of add Article 5 (commencing with Section 3120) to Chapter 4 of Division 3 of the Labor Code, relating to employment. apprenticeship programs. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 1351, as amended, Durazo. California Youth Apprenticeship Program. | |
| 26 | + | SB 1351, as amended, Durazo. Itemized wage statements. California Youth Apprenticeship Program. | |
| 28 | 27 | ||
| 29 | - | Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards, under the direction of the Chief of the Division of Apprenticeship Standards, to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs.This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants to | |
| 28 | + | Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards, under the direction of the Chief of the Division of Apprenticeship Standards, to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs.This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve a specified target population. The bill would define target population as individuals from 16 to 24 years of age who are unhoused, in the child welfare, juvenile justice, or criminal justice system, live in concentrated poverty, or face barriers to labor market participation, among other criteria. The bill would establish the Office of the California Youth Apprenticeship Program within the Division of Apprenticeship Standards to administer the program. The bill would require the office to solicit proposals and select grant recipients from eligible applicants, including, among others, county offices of education, regional consortia of community college districts, and local intermediaries. The bill would specify information required to be included in a grant proposal and would specify eligible purposes for use of grant funds. The bill would require the office to complete planning to implement the program by October 31, 2023, and would require the office to begin soliciting grant proposals by March 31, 2024. The bill would require the office to monitor grant recipients for compliance and would require grant recipients to provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. The bill would provide that the program shall be implemented only if funds are appropriated by the Legislature for purposes of the program. The bill would state various findings and declarations of the Legislature relating to apprenticeships.Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized wage statement showing specified information. This bill would make nonsubstantive changes to these provisions. | |
| 30 | 29 | ||
| 31 | 30 | Existing law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards, under the direction of the Chief of the Division of Apprenticeship Standards, to administer and enforce laws relating to apprenticeships, including evaluating and approving apprenticeship programs. | |
| 32 | 31 | ||
| 33 | - | This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants | |
| 32 | + | This bill would establish the California Youth Apprenticeship Program for the purpose of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve a specified target population. The bill would define target population as individuals from 16 to 24 years of age who are unhoused, in the child welfare, juvenile justice, or criminal justice system, live in concentrated poverty, or face barriers to labor market participation, among other criteria. The bill would establish the Office of the California Youth Apprenticeship Program within the Division of Apprenticeship Standards to administer the program. The bill would require the office to solicit proposals and select grant recipients from eligible applicants, including, among others, county offices of education, regional consortia of community college districts, and local intermediaries. The bill would specify information required to be included in a grant proposal and would specify eligible purposes for use of grant funds. The bill would require the office to complete planning to implement the program by October 31, 2023, and would require the office to begin soliciting grant proposals by March 31, 2024. The bill would require the office to monitor grant recipients for compliance and would require grant recipients to provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. The bill would provide that the program shall be implemented only if funds are appropriated by the Legislature for purposes of the program. The bill would state various findings and declarations of the Legislature relating to apprenticeships. | |
| 34 | 33 | ||
| 35 | - | ||
| 34 | + | Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized wage statement showing specified information. | |
| 36 | 35 | ||
| 37 | - | This bill would require the office to monitor grant recipients for compliance and would require grant recipients to provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. The bill would provide that the program shall be implemented only if funds are appropriated by the Legislature for purposes of the program. The bill would state various findings and declarations of the Legislature relating to apprenticeships. | |
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would make nonsubstantive changes to these provisions. | |
| 39 | + | ||
| 40 | + | ||
| 38 | 41 | ||
| 39 | 42 | ## Digest Key | |
| 40 | 43 | ||
| 41 | 44 | ## Bill Text | |
| 42 | 45 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality jobs and careers through apprenticeships. The silver tsunami in many of Californias most important sectors means employers and public agencies need to incorporate high road partnerships with youth apprenticeships as a central component of their workforce and talent pipeline strategy.(o) Apprenticeships and other high road partnerships build succession road maps and enable knowledge transfer. A formal apprenticeship becomes a plan to avoid losing decades of experience, and important components, such as mentorship through on the job learning, are examples of how to foster this knowledge transfer.(p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those who are unhoused or in the child welfare and juvenile justice systems.(q) A recent study from the University of Chicago found that from 2000 to 2015, economic segregation in schools has worsened, particularly in districts like Los Angeles, and as a result has widened the achievement gap for youth of color living in deeply segregated neighborhoods of concentrated poverty.(r) The aforementioned issues are the result of systemic racism which limits opportunities for youth, especially youth from Black and Indigenous families. Any system for career connected learning must aspire to reverse these historic inequities.(s) For participating youth, wraparound support services and the engagement of families, caregivers, and youth serving community-based organizations and support networks are critical and essential. This is evident from model programming in Wisconsin, Washington State, Colorado, North Carolina, and elsewhere.(t) Establishing pipelines for youth to enter growth industries for on-the-job training that allows them to earn and learn is a proven practice that can transform their participation in the labor force fostering economic security and prosperity as well as strengthening the sustainability of the overall economy.(u) The State Department of Education, the Chancellors Office of the California Community Colleges, the Foundation for California Community Colleges, the Labor and Workforce Development Agency, the California Workforce Development Board, the Employment Training Panel, and the Division of Apprenticeship Standards are all critical stakeholders in supporting and advancing the California Youth Apprenticeship Program.(v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin are national models for youth programming and include partnerships between their department of education, the community college system, the workforce development agency, businesses, and labor.SEC. 2. Article 5 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read: Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them.3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program.3128. The office shall adopt regulations necessary to implement this article.3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes.SECTION 1.Section 226 of the Labor Code is amended to read:226.(a)An employer, semimonthly or at the time of each payment of wages, shall furnish to their employee, either as a detachable part of the check, draft, or voucher paying the employees wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, copy includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision.(b)An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee.(c)An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made.(d)This section does not apply to an employer of a person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.(e)(1)An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorneys fees.(2)(A)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement.(B)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following:(i)The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a).(ii)Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a).(iii)The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period.(iv)The name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number.(C)For purposes of this paragraph, promptly and easily determine means a reasonable person would be able to readily ascertain the information without reference to other documents or information.(3)For purposes of this subdivision, a knowing and intentional failure does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section.(f)A failure by an employer to permit a current or former employee to inspect or receive a copy of records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer.(g)The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity.(h)An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorneys fees.(i)This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employees wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employees social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher.(j)An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply:(1)The employees compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission.(2)The employee is exempt from the payment of minimum wage and overtime under any of the following:(A)The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission.(B)The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission.(C)The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5.(D)The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission.(E)The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code.(F)The exemption for a crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission.(G)The exemption for an individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission. | |
| 44 | 47 | ||
| 45 | 48 | The people of the State of California do enact as follows: | |
| 46 | 49 | ||
| 47 | 50 | ## The people of the State of California do enact as follows: | |
| 48 | 51 | ||
| 49 | - | SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality | |
| 52 | + | SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality jobs and careers through apprenticeships. The silver tsunami in many of Californias most important sectors means employers and public agencies need to incorporate high road partnerships with youth apprenticeships as a central component of their workforce and talent pipeline strategy.(o) Apprenticeships and other high road partnerships build succession road maps and enable knowledge transfer. A formal apprenticeship becomes a plan to avoid losing decades of experience, and important components, such as mentorship through on the job learning, are examples of how to foster this knowledge transfer.(p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those who are unhoused or in the child welfare and juvenile justice systems.(q) A recent study from the University of Chicago found that from 2000 to 2015, economic segregation in schools has worsened, particularly in districts like Los Angeles, and as a result has widened the achievement gap for youth of color living in deeply segregated neighborhoods of concentrated poverty.(r) The aforementioned issues are the result of systemic racism which limits opportunities for youth, especially youth from Black and Indigenous families. Any system for career connected learning must aspire to reverse these historic inequities.(s) For participating youth, wraparound support services and the engagement of families, caregivers, and youth serving community-based organizations and support networks are critical and essential. This is evident from model programming in Wisconsin, Washington State, Colorado, North Carolina, and elsewhere.(t) Establishing pipelines for youth to enter growth industries for on-the-job training that allows them to earn and learn is a proven practice that can transform their participation in the labor force fostering economic security and prosperity as well as strengthening the sustainability of the overall economy.(u) The State Department of Education, the Chancellors Office of the California Community Colleges, the Foundation for California Community Colleges, the Labor and Workforce Development Agency, the California Workforce Development Board, the Employment Training Panel, and the Division of Apprenticeship Standards are all critical stakeholders in supporting and advancing the California Youth Apprenticeship Program.(v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin are national models for youth programming and include partnerships between their department of education, the community college system, the workforce development agency, businesses, and labor. | |
| 50 | 53 | ||
| 51 | - | SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality | |
| 54 | + | SECTION 1. The Legislature finds and declares as follows:(a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment.(b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies.(c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper.(d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch.(e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy.(f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029.(g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship.(h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways.(i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union.(j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent.(k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes.(l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth.(m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy.(n) California has an opportunity to expand access to union jobs for youth and younger workers to quality jobs and careers through apprenticeships. The silver tsunami in many of Californias most important sectors means employers and public agencies need to incorporate high road partnerships with youth apprenticeships as a central component of their workforce and talent pipeline strategy.(o) Apprenticeships and other high road partnerships build succession road maps and enable knowledge transfer. A formal apprenticeship becomes a plan to avoid losing decades of experience, and important components, such as mentorship through on the job learning, are examples of how to foster this knowledge transfer.(p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those who are unhoused or in the child welfare and juvenile justice systems.(q) A recent study from the University of Chicago found that from 2000 to 2015, economic segregation in schools has worsened, particularly in districts like Los Angeles, and as a result has widened the achievement gap for youth of color living in deeply segregated neighborhoods of concentrated poverty.(r) The aforementioned issues are the result of systemic racism which limits opportunities for youth, especially youth from Black and Indigenous families. Any system for career connected learning must aspire to reverse these historic inequities.(s) For participating youth, wraparound support services and the engagement of families, caregivers, and youth serving community-based organizations and support networks are critical and essential. This is evident from model programming in Wisconsin, Washington State, Colorado, North Carolina, and elsewhere.(t) Establishing pipelines for youth to enter growth industries for on-the-job training that allows them to earn and learn is a proven practice that can transform their participation in the labor force fostering economic security and prosperity as well as strengthening the sustainability of the overall economy.(u) The State Department of Education, the Chancellors Office of the California Community Colleges, the Foundation for California Community Colleges, the Labor and Workforce Development Agency, the California Workforce Development Board, the Employment Training Panel, and the Division of Apprenticeship Standards are all critical stakeholders in supporting and advancing the California Youth Apprenticeship Program.(v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin are national models for youth programming and include partnerships between their department of education, the community college system, the workforce development agency, businesses, and labor. | |
| 52 | 55 | ||
| 53 | 56 | SECTION 1. The Legislature finds and declares as follows: | |
| 54 | 57 | ||
| 55 | 58 | ### SECTION 1. | |
| 56 | 59 | ||
| 57 | 60 | (a) Every young person in California should have multiple pathways toward economic self-sufficiency and fulfillment. | |
| 58 | 61 | ||
| 59 | 62 | (b) It is in the states best interests to establish a set of systems and a policy framework which facilitates early opportunities to explore careers with industry involvement from employers and labor while being connected to learning that supports building relevant skills and competencies. | |
| 60 | 63 | ||
| 61 | 64 | (c) Creating a career connected learning system that is industry driven and youth centered is essential to the social and economic goals of the state to ensure an equitable and thriving economy in which all can participate and prosper. | |
| 62 | 65 | ||
| 63 | 66 | (d) The goals of a career connected learning system are to support youth in career exploration, career preparation, career acceleration through dual enrollment, training, and postsecondary strategies, and career launch. | |
| 64 | 67 | ||
| 65 | 68 | (e) Preparing young people for real world employer-based learning opportunities increases their self-sufficiency and fulfillment, can lead to more youth advancing beyond high school with a degree or credential, and improves the states economy. | |
| 66 | 69 | ||
| 67 | 70 | (f) In 2018, Governor Newsom declared a commitment to ensuring California reaches 500,000 apprentices by 2029. | |
| 68 | 71 | ||
| 69 | 72 | (g) Registered apprenticeships are the lynchpin to a career-connected learning system and can lead to higher earnings for participants. Estimates suggest that those completing apprenticeships can earn on average $300,000 more over the course of their careers compared to those who did not complete an apprenticeship. | |
| 70 | 73 | ||
| 71 | 74 | (h) The increases in earnings cited above are in large part due to their connection to established labor-management partnerships, and being an apprentice alone does not automatically translate to better career pathways. | |
| 72 | 75 | ||
| 73 | 76 | (i) Californias Future of Work Commission found that while the probability of low-wage employment is reduced by 33 percent if a worker has a college degree, it is reduced by 39 percent if a worker is a member of a union. | |
| 74 | 77 | ||
| 75 | 78 | (j) The youth unemployment rate tends to be much higher than for older workers. In December of 2021, 16 percent of youth ages 16 to 19 years of age and 11 percent of youth ages 20 to 24 were unemployed in California, during that same period, the unemployment rate for people aged 25 to 64 years of age was 6.5 percent. | |
| 76 | 79 | ||
| 77 | 80 | (k) The apprenticeship model is important in tracing what is known and what is able to be performed in the workplace, and how capabilities may positively impact employment training, which in turn should impact employment outcomes. | |
| 78 | 81 | ||
| 79 | 82 | (l) In California, the average age of apprentices and preapprentices continues to climb, a trend that highlights the limits of our current system to engage and support youth. | |
| 80 | 83 | ||
| 81 | 84 | (m) In many instances, California lacks the programmatic infrastructure and flexibility required to allow youth to enter into emerging and growth industries, even during a thriving economy. | |
| 82 | 85 | ||
| 83 | - | (n) California has an opportunity to expand access to union jobs for youth and younger workers to quality | |
| 86 | + | (n) California has an opportunity to expand access to union jobs for youth and younger workers to quality jobs and careers through apprenticeships. The silver tsunami in many of Californias most important sectors means employers and public agencies need to incorporate high road partnerships with youth apprenticeships as a central component of their workforce and talent pipeline strategy. | |
| 84 | 87 | ||
| 85 | - | (o) Apprenticeships and other high | |
| 88 | + | (o) Apprenticeships and other high road partnerships build succession road maps and enable knowledge transfer. A formal apprenticeship becomes a plan to avoid losing decades of experience, and important components, such as mentorship through on the job learning, are examples of how to foster this knowledge transfer. | |
| 86 | 89 | ||
| 87 | - | (p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those | |
| 90 | + | (p) For every youth to succeed, California must focus on youth furthest from opportunity, those facing persistent educational opportunity gaps, especially students of color, Indigenous students, low-income students, rural students, students with disabilities, and system-impacted youth, including those who are unhoused or in the child welfare and juvenile justice systems. | |
| 88 | 91 | ||
| 89 | 92 | (q) A recent study from the University of Chicago found that from 2000 to 2015, economic segregation in schools has worsened, particularly in districts like Los Angeles, and as a result has widened the achievement gap for youth of color living in deeply segregated neighborhoods of concentrated poverty. | |
| 90 | 93 | ||
| 91 | 94 | (r) The aforementioned issues are the result of systemic racism which limits opportunities for youth, especially youth from Black and Indigenous families. Any system for career connected learning must aspire to reverse these historic inequities. | |
| 92 | 95 | ||
| 93 | 96 | (s) For participating youth, wraparound support services and the engagement of families, caregivers, and youth serving community-based organizations and support networks are critical and essential. This is evident from model programming in Wisconsin, Washington State, Colorado, North Carolina, and elsewhere. | |
| 94 | 97 | ||
| 95 | 98 | (t) Establishing pipelines for youth to enter growth industries for on-the-job training that allows them to earn and learn is a proven practice that can transform their participation in the labor force fostering economic security and prosperity as well as strengthening the sustainability of the overall economy. | |
| 96 | 99 | ||
| 97 | 100 | (u) The State Department of Education, the Chancellors Office of the California Community Colleges, the Foundation for California Community Colleges, the Labor and Workforce Development Agency, the California Workforce Development Board, the Employment Training Panel, and the Division of Apprenticeship Standards are all critical stakeholders in supporting and advancing the California Youth Apprenticeship Program. | |
| 98 | 101 | ||
| 99 | - | (v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin | |
| 102 | + | (v) Career Connect Washington, CareerWise Colorado, ApprenticeshipNC, and Youth Apprenticeship Wisconsin are national models for youth programming and include partnerships between their department of education, the community college system, the workforce development agency, businesses, and labor. | |
| 100 | 103 | ||
| 101 | - | SEC. 2. Article 5 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read: Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to | |
| 104 | + | SEC. 2. Article 5 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read: Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them.3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program.3128. The office shall adopt regulations necessary to implement this article.3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes. | |
| 102 | 105 | ||
| 103 | 106 | SEC. 2. Article 5 (commencing with Section 3120) is added to Chapter 4 of Division 3 of the Labor Code, to read: | |
| 104 | 107 | ||
| 105 | 108 | ### SEC. 2. | |
| 106 | 109 | ||
| 107 | - | Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to | |
| 110 | + | Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them.3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program.3128. The office shall adopt regulations necessary to implement this article.3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes. | |
| 108 | 111 | ||
| 109 | - | Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to | |
| 112 | + | Article 5. California Youth Apprenticeship Program3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them.3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024.3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care.3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program.3128. The office shall adopt regulations necessary to implement this article.3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes. | |
| 110 | 113 | ||
| 111 | 114 | Article 5. California Youth Apprenticeship Program | |
| 112 | 115 | ||
| 113 | 116 | Article 5. California Youth Apprenticeship Program | |
| 114 | 117 | ||
| 115 | - | 3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to | |
| 118 | + | 3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population.(b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them. | |
| 116 | 119 | ||
| 117 | 120 | ||
| 118 | 121 | ||
| 119 | - | 3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to | |
| 122 | + | 3120. (a) The California Youth Apprenticeship Program is hereby established, to be administered by the Office of the California Youth Apprenticeship Program, for the purposes of awarding grant funds to eligible applicants to develop new apprenticeship programs or expand existing apprenticeship programs to serve the target population. | |
| 120 | 123 | ||
| 121 | 124 | (b) This program is intended to compliment and expand preapprenticeship and apprenticeship programs and not supplant them. | |
| 122 | 125 | ||
| 123 | 126 | 3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. | |
| 124 | 127 | ||
| 125 | 128 | ||
| 126 | 129 | ||
| 127 | 130 | 3121. The Office of the California Youth Apprenticeship Program is hereby created within the Division of Apprenticeship Standards to administer the program. The office shall be under the direction of the Chief of the Division of Apprenticeship Standards or their designee. | |
| 128 | 131 | ||
| 129 | - | 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are | |
| 132 | + | 3122. For purposes of this article:(a) Office means the Office of the California Youth Apprenticeship Program.(b) Program means the California Youth Apprenticeship Program.(c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to:(1) School attendance rates.(2) Chronic absenteeism and truancy rates.(3) Dropout rates and low graduation rates.(4) Proficiency scores in English language arts and mathematics.(5) Pupil suspension and expulsion rates. | |
| 130 | 133 | ||
| 131 | 134 | ||
| 132 | 135 | ||
| 133 | 136 | 3122. For purposes of this article: | |
| 134 | 137 | ||
| 135 | 138 | (a) Office means the Office of the California Youth Apprenticeship Program. | |
| 136 | 139 | ||
| 137 | 140 | (b) Program means the California Youth Apprenticeship Program. | |
| 138 | 141 | ||
| 139 | - | (c) Target population includes individuals from 16 to 24 years of age who are | |
| 142 | + | (c) Target population includes individuals from 16 to 24 years of age who are unhoused, in the child welfare or juvenile justice system or criminal justice system, living in concentrated poverty, or are facing barriers to labor market participation. Target population includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to: | |
| 140 | 143 | ||
| 141 | 144 | (1) School attendance rates. | |
| 142 | 145 | ||
| 143 | 146 | (2) Chronic absenteeism and truancy rates. | |
| 144 | 147 | ||
| 145 | 148 | (3) Dropout rates and low graduation rates. | |
| 146 | 149 | ||
| 147 | 150 | (4) Proficiency scores in English language arts and mathematics. | |
| 148 | 151 | ||
| 149 | 152 | (5) Pupil suspension and expulsion rates. | |
| 150 | 153 | ||
| 151 | - | 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs. | |
| 154 | + | 3123. The goals and objectives of the program include all of the following:(a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs.(b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs.(c) Increase the number of youth enrolled in youth apprenticeship programs.(d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. | |
| 152 | 155 | ||
| 153 | 156 | ||
| 154 | 157 | ||
| 155 | 158 | 3123. The goals and objectives of the program include all of the following: | |
| 156 | 159 | ||
| 157 | - | (a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs. | |
| 160 | + | (a) Increase the number of community colleges and local educational agencies offering youth apprenticeship programs. | |
| 158 | 161 | ||
| 159 | - | (b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs. | |
| 162 | + | (b) Increase the number of youth enrolled in and completing postsecondary degree or certificate programs. | |
| 160 | 163 | ||
| 161 | - | (c) Increase the number of youth enrolled in youth apprenticeship programs. | |
| 164 | + | (c) Increase the number of youth enrolled in youth apprenticeship programs. | |
| 162 | 165 | ||
| 163 | 166 | (d) Increase the number of individuals matriculating from youth apprenticeship programs into preapprenticeship or apprenticeship programs and choosing careers in the industry of the youth apprenticeship. | |
| 164 | 167 | ||
| 165 | - | ||
| 166 | - | ||
| 167 | - | (a)The | |
| 168 | + | 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders.(b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024. | |
| 168 | 169 | ||
| 169 | 170 | ||
| 170 | 171 | ||
| 171 | - | 3124. (a | |
| 172 | + | 3124. (a) The office shall solicit proposals and select grant recipients from eligible applicants, including county offices of education, regional consortia of community college districts, local intermediaries, regional local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders. | |
| 172 | 173 | ||
| 173 | - | 3124. (a) The office shall coordinate with, complement, and enhance existing preapprenticeship and apprenticeship programs.(b) The office shall not replace existing preapprenticeship and apprenticeship programs.(c) Under the program, services shall be delivered principally through collaborative, mission-driven, community-based organizations with experience in providing services to, and with relevant relationships with, targeted populations, consistent with the objectives of the program.(d) The office shall consult with and seek feedback from state agencies during the planning process to ensure grant funds awarded under the program leverage and complement existing grant programs. | |
| 174 | - | ||
| 175 | - | 3124. (a) The office shall coordinate with, complement, and enhance existing preapprenticeship and apprenticeship programs. | |
| 176 | - | ||
| 177 | - | (b) The office shall not replace existing preapprenticeship and apprenticeship programs. | |
| 178 | - | ||
| 179 | - | (c) Under the program, services shall be delivered principally through collaborative, mission-driven, community-based organizations with experience in providing services to, and with relevant relationships with, targeted populations, consistent with the objectives of the program. | |
| 180 | - | ||
| 181 | - | (d) The office shall consult with and seek feedback from state agencies during the planning process to ensure grant funds awarded under the program leverage and complement existing grant programs. | |
| 182 | - | ||
| 183 | - | (e) The office shall solicit proposals and select grant recipients from eligible applicants, including local educational agencies, county offices of education, regional consortia of community college districts, local intermediaries, regional and local workforce development boards and apprenticeship program sponsors, who shall contract with employers, local educational agencies, community-based organizations, and other workforce development stakeholders. and people or organizations who contract with employers, local educational agencies, community-based organizations, labor, and other workforce development stakeholders. | |
| 184 | - | ||
| 185 | - | (b) | |
| 186 | - | ||
| 187 | - | ||
| 188 | - | ||
| 189 | - | (f) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024. | |
| 174 | + | (b) The office shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024. | |
| 190 | 175 | ||
| 191 | 176 | 3125. Grant funds may be used for eligible purposes that include, but are not limited to:(a) Instruction and training of apprentices.(b) Costs related to registration, design, and setting up the apprenticeship program or curriculum.(c) Project and case management.(d) Related instruction costs.(e) Education or training equipment, uniforms, tools, graduation fees, and union fees.(f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care. | |
| 192 | 177 | ||
| 193 | 178 | ||
| 194 | 179 | ||
| 195 | 180 | 3125. Grant funds may be used for eligible purposes that include, but are not limited to: | |
| 196 | 181 | ||
| 197 | 182 | (a) Instruction and training of apprentices. | |
| 198 | 183 | ||
| 199 | 184 | (b) Costs related to registration, design, and setting up the apprenticeship program or curriculum. | |
| 200 | 185 | ||
| 201 | 186 | (c) Project and case management. | |
| 202 | 187 | ||
| 203 | 188 | (d) Related instruction costs. | |
| 204 | 189 | ||
| 205 | 190 | (e) Education or training equipment, uniforms, tools, graduation fees, and union fees. | |
| 206 | 191 | ||
| 207 | 192 | (f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care. | |
| 208 | 193 | ||
| 209 | - | 3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are | |
| 194 | + | 3126. The grant proposal shall include, but is not limited to, the following information:(a) Knowledge, experience, and capacity to provide services to the target population.(b) Industries and career pathways targeted.(c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation.(d) How project goals and objectives will be achieved.(e) Other requirements as specified by the office by regulation. | |
| 210 | 195 | ||
| 211 | 196 | ||
| 212 | 197 | ||
| 213 | 198 | 3126. The grant proposal shall include, but is not limited to, the following information: | |
| 214 | 199 | ||
| 215 | 200 | (a) Knowledge, experience, and capacity to provide services to the target population. | |
| 216 | 201 | ||
| 217 | 202 | (b) Industries and career pathways targeted. | |
| 218 | 203 | ||
| 219 | - | (c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are | |
| 204 | + | (c) Target population that will be served. Target population includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in Section 3122, as well as youth who are unhoused, in the child welfare or juvenile justice system, living in concentrated poverty, or are facing barriers to labor market participation. | |
| 220 | 205 | ||
| 221 | 206 | (d) How project goals and objectives will be achieved. | |
| 222 | 207 | ||
| 223 | 208 | (e) Other requirements as specified by the office by regulation. | |
| 224 | - | ||
| 225 | - | (f) If the proposal requests funds for an apprenticeship program in the building and construction trades, a demonstration that there is a need for the program by satisfying a condition specified in subdivision (b) of Section 3075. | |
| 226 | 209 | ||
| 227 | 210 | 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. | |
| 228 | 211 | ||
| 229 | 212 | ||
| 230 | 213 | ||
| 231 | 214 | 3127. The office shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the office for purposes of evaluating achievement of the goals and objectives of the program. | |
| 232 | 215 | ||
| 233 | 216 | 3128. The office shall adopt regulations necessary to implement this article. | |
| 234 | 217 | ||
| 235 | 218 | ||
| 236 | 219 | ||
| 237 | 220 | 3128. The office shall adopt regulations necessary to implement this article. | |
| 238 | 221 | ||
| 239 | 222 | 3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes. | |
| 240 | 223 | ||
| 241 | 224 | ||
| 242 | 225 | ||
| 243 | 226 | 3129. This article shall be implemented only if funds are appropriated by the Legislature for its purposes. | |
| 227 | + | ||
| 228 | + | ||
| 229 | + | ||
| 230 | + | ||
| 231 | + | ||
| 232 | + | (a)An employer, semimonthly or at the time of each payment of wages, shall furnish to their employee, either as a detachable part of the check, draft, or voucher paying the employees wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, copy includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision. | |
| 233 | + | ||
| 234 | + | ||
| 235 | + | ||
| 236 | + | (b)An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee. | |
| 237 | + | ||
| 238 | + | ||
| 239 | + | ||
| 240 | + | (c)An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made. | |
| 241 | + | ||
| 242 | + | ||
| 243 | + | ||
| 244 | + | (d)This section does not apply to an employer of a person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. | |
| 245 | + | ||
| 246 | + | ||
| 247 | + | ||
| 248 | + | (e)(1)An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorneys fees. | |
| 249 | + | ||
| 250 | + | ||
| 251 | + | ||
| 252 | + | (2)(A)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement. | |
| 253 | + | ||
| 254 | + | ||
| 255 | + | ||
| 256 | + | (B)An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following: | |
| 257 | + | ||
| 258 | + | ||
| 259 | + | ||
| 260 | + | (i)The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a). | |
| 261 | + | ||
| 262 | + | ||
| 263 | + | ||
| 264 | + | (ii)Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a). | |
| 265 | + | ||
| 266 | + | ||
| 267 | + | ||
| 268 | + | (iii)The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period. | |
| 269 | + | ||
| 270 | + | ||
| 271 | + | ||
| 272 | + | (iv)The name of the employee and only the last four digits of the employees social security number or an employee identification number other than a social security number. | |
| 273 | + | ||
| 274 | + | ||
| 275 | + | ||
| 276 | + | (C)For purposes of this paragraph, promptly and easily determine means a reasonable person would be able to readily ascertain the information without reference to other documents or information. | |
| 277 | + | ||
| 278 | + | ||
| 279 | + | ||
| 280 | + | (3)For purposes of this subdivision, a knowing and intentional failure does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section. | |
| 281 | + | ||
| 282 | + | ||
| 283 | + | ||
| 284 | + | (f)A failure by an employer to permit a current or former employee to inspect or receive a copy of records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer. | |
| 285 | + | ||
| 286 | + | ||
| 287 | + | ||
| 288 | + | (g)The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity. | |
| 289 | + | ||
| 290 | + | ||
| 291 | + | ||
| 292 | + | (h)An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorneys fees. | |
| 293 | + | ||
| 294 | + | ||
| 295 | + | ||
| 296 | + | (i)This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employees wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employees social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher. | |
| 297 | + | ||
| 298 | + | ||
| 299 | + | ||
| 300 | + | (j)An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply: | |
| 301 | + | ||
| 302 | + | ||
| 303 | + | ||
| 304 | + | (1)The employees compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission. | |
| 305 | + | ||
| 306 | + | ||
| 307 | + | ||
| 308 | + | (2)The employee is exempt from the payment of minimum wage and overtime under any of the following: | |
| 309 | + | ||
| 310 | + | ||
| 311 | + | ||
| 312 | + | (A)The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission. | |
| 313 | + | ||
| 314 | + | ||
| 315 | + | ||
| 316 | + | (B)The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission. | |
| 317 | + | ||
| 318 | + | ||
| 319 | + | ||
| 320 | + | (C)The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5. | |
| 321 | + | ||
| 322 | + | ||
| 323 | + | ||
| 324 | + | (D)The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission. | |
| 325 | + | ||
| 326 | + | ||
| 327 | + | ||
| 328 | + | (E)The exemption for participants, director, and staff of a live-in alternative to incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code. | |
| 329 | + | ||
| 330 | + | ||
| 331 | + | ||
| 332 | + | (F)The exemption for a crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission. | |
| 333 | + | ||
| 334 | + | ||
| 335 | + | ||
| 336 | + | (G)The exemption for an individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission. |