Nevers (SB 155) Act No. 740
Prior law provided that the director shall, in cooperation with the apprenticeship council, set
up conditions and training standards for apprentice agreements, which shall in no case be
lower than those prescribed by the Office of Apprenticeship, U.S. Department of Labor, or
lower than approved national standards. New law retains these provisions but makes
technical corrections.
Prior law provided that "apprentice" is defined as a worker at least 16 years of age, who is
employed to learn an apprenticeable occupation. New law provides that "apprentice" means
a worker older than 16 years of age where a higher minimum age standard is otherwise fixed
by law or rules and regulations.
Prior law provided that, upon the complaint of any interested person or upon his own
initiative, the director of apprenticeship may investigate to determine if there has been a
violation of the terms of an apprentice agreement and hold hearings, inquiries, and other
proceedings necessary to such investigations and determination. Prior law provided that the
director shall investigate programs only as necessary to establish compliance, and then only
upon proper notice. Prior law provided that the parties to such agreement shall be given a
fair and impartial hearing, after reasonable notice thereof.
New law retains prior law but provides that the director of apprenticeship may not
investigate or conduct hearings regarding prohibited discrimination (e.g. age, disability,
veteran status, race, color, religion, sex, national origin, pregnancy, childbirth, sickle cell
traits, protected genetic information).
New law provides that, except in cases of prohibited discrimination, any disagreement
arising pursuant to an apprenticeship agreement which cannot be adjusted locally and which
is not covered by a collective bargaining agreement, may be submitted by an apprentice, or
by the apprentices authorized representative, within 60 days of the final local decision, to
the Director of Apprenticeship, Louisiana Workforce Commission-Apprenticeship Division.
New law provides that new law shall not be construed to preclude an apprentice from
pursuing any remedy to address prohibited discrimination in employment which is otherwise
available in any other part of the labor code, in any part of La. law, in federal law, or in local
ordinance.
New law provides that new law shall invalidate any of the following:
(1)An apprenticeship provision in any collective bargaining agreement between
employers and employees establishing higher apprenticeship standards.
(2)Any provisions of prohibited discrimination in employment which are contained in
any state or federal law, or in any local ordinance.
Effective upon signature of the governor (June 19, 2014).
(Amends R.S. 23:382(B), 384(A), 384(B)(intro para) and (B)(2), (3), and (4) and (C),
385(B), 386, 387(intro para) and 387(9), 388, 389, 390, and 391)