DLLR's Division of Labor and Industry

 

Frequently Asked Questions (FAQs) - State Apprenticeship Training Fund

 

June 2013

  1. When does this law become effective?
  2. Who is covered by this law?
  3. What do contractors and covered subcontractors need to do prior to commencing work on a State prevailing wage project?
  4. What do contractors and covered subcontractors obligations once work has commenced?
  5. What do approved apprenticeship programs need to do?

1. When does this law become effective?
The State Apprenticeship and Training Fund law will apply to prevailing wage projects that have been advertised for bid or proposal on or after July 1, 2013.

2. Who is covered by this law?
The requirements of this law apply to contractors and certain subcontractors (those performing work on a prevailing wage project valued at $100,000 or more) on State public work projects.

Approved apprenticeship programs, an apprenticeship program or organization with an apprenticeship program, that are registered with and approved by the Maryland Apprenticeship and Training Council or the U.S. Department of Labor, have certain obligations under this law if they receive contributions from contractors and subcontractors.

3. What do contractors and covered subcontractors need to do prior to commencing work on a State prevailing wage project?
The first step for contractors and covered subcontractors is to register online with the Division of Labor and Industry, Prevailing Wage Unit.

Contractors and covered subcontractors will be required to complete the required project log information including the project number, contract value, identification of all subcontractors on the project and the subcontract amount.

Contractors and covered subcontractors also will be required to select the approved apprenticeship program or the State Apprenticeship and Training Fund to receive their contributions prior to the commencement of work on a State prevailing wage project.

Contractors and certain subcontractors who hire subcontractors performing work valued at $100,000 or more are required to provide their covered subcontractors with written notice of the requirement that subcontractors and their subcontractors performing work valued at $100,000 or more are required to register and complete the required project log information and make contributions under this law.

Contractors and covered subcontractors are required to retain a copy of the written notice provided to subcontractors for 3 years after the completion of their work on the public work project.

4. What do contractors and covered subcontractors obligations once work has commenced?
Contractors and covered subcontractors are required to make a contribution of $0.25 per person per hour for each employee in each covered craft on the prevailing wage project to an approved apprenticeship program or the State Apprenticeship and Training Fund.

It is important to note that a contractor's and covered subcontractor's obligations under the Maryland Prevailing Wage Law still apply so a contractor or subcontractor is obligated to pay the full prevailing wage rate that includes the basic wage rate and fringe benefits. A contractor or subcontractor may count the $0.25 apprenticeship contribution toward the fringe benefit portion of a prevailing wage rate required under the applicable wage determination. However, if there are no fringe benefits in the wage determination, an employer under the Apprenticeship and Training Fund law is still required to make a contribution of $0.25 per person per hour for each employee in each covered craft while continuing to pay the prevailing wage basic wage rate.

The contributions of $0.25 are required to be reported on the contractor and subcontractor electronic certified payroll reporting system that is required for all State prevailing wage projects.

Contractors and subcontractors are required to certify that their contributions were received by an approved apprenticeship program or the Fund.

Contractor and subcontractor payments to the State Apprenticeship and Training Fund shall be made payable to the State of Maryland and mailed to the Prevailing Wage Unit, Department of Labor, Licensing and Regulation. 1100 North Eutaw Street, Room 607, Baltimore, Maryland 21201. Payments to the State Apprenticeship and Training Fund are due within 14 days after the end of the previous month.

5. What do approved apprenticeship programs need to do?
The Prevailing Wage Unit of the Division of Labor and Industry will notify an approved apprenticeship program that it has been designated by a contractor or subcontractor for contributions.

Once an approved apprenticeship program has received notice from the Prevailing Wage Unit, the approved apprenticeship program is required to register on the Department's website.

Once registered, the approved apprenticeship program is required to report on-line the contributions received on a quarterly basis.

Approved apprenticeship programs are required to certify that the contributions that they have received from contractors and subcontractors are being used for the purpose of improving or expanding apprenticeship training in the State.