FAR 22.406-4—Apprentices and trainees.
Plain-English Summary
FAR 22.406-4 explains how contracting officers must oversee the use of apprentices and trainees on covered federal construction and service contracts. It focuses on two related topics: first, the contracting officer’s duty to review the contractor’s employment and payment records for apprentices and trainees under the Payrolls and Basic Records clause at 52.222-8; and second, the required remedy when a contractor has improperly classified employees as apprentices, trainees, or helpers without meeting the requirements of the Apprentices and Trainees clause at 52.222-9. In practice, this section is a compliance check to make sure lower-paid training classifications are used only when the contractor has followed the rules that justify them. It protects workers from being underpaid and helps ensure that wage determinations and labor standards are applied correctly. For contractors, it means apprenticeship and trainee programs must be documented and compliant before those classifications are used on the job. For contracting officers, it creates an affirmative oversight duty and a corrective action requirement when misclassification is found.
Key Rules
Review payroll and records
The contracting officer must review the contractor’s employment and payment records for apprentices and trainees that are made available under the Payrolls and Basic Records clause at 52.222-8. The purpose is to verify compliance with the Apprentices and Trainees clause at 52.222-9.
Use of apprentice status must be compliant
A contractor may classify employees as apprentices, trainees, or helpers only if it has complied with the requirements of 52.222-9. The classification is not valid merely because the contractor labels the worker that way.
Reject improper classifications
If the contractor has classified employees as apprentices, trainees, or helpers without meeting the clause requirements, the contracting officer must reject that classification. The officer cannot accept an unsupported lower wage classification.
Pay based on actual work
When a classification is rejected, the contractor must pay the affected employees at the rates applicable to the classification of the work actually performed. The remedy is tied to the real duties performed, not the improper label used by the contractor.
Responsibilities
Contracting Officer
Review the contractor’s available employment and payment records for apprentices and trainees, determine whether the contractor complied with 52.222-9, reject any improper apprentice/trainee/helper classification, and require payment at the proper rate for the work actually performed.
Contractor
Maintain and make available employment and payment records under 52.222-8, ensure any apprentice, trainee, or helper classification satisfies the requirements of 52.222-9, and pay employees correctly based on the classification of the work actually performed if a classification is rejected.
Apprentices/Trainees/Helpers
Perform the work assigned and, where applicable, rely on the contractor’s compliant training or apprenticeship arrangement for any special classification and wage treatment.
Practical Implications
Contracting officers should not assume apprentice or trainee labels are valid; they must verify the underlying compliance documentation and payroll records.
A common pitfall is using lower-paid classifications without a properly established apprenticeship or trainee program under 52.222-9, which can trigger back pay obligations.
If the records do not support the classification, the remedy is wage correction based on the actual work performed, not simply future compliance.
Contractors should keep clear records showing program eligibility, enrollment, supervision, and pay rates so they can defend the classification during review.
This section is especially important on labor standards-covered contracts because misclassification can lead to wage underpayments, disputes, and enforcement action.
Official Regulatory Text
(a) The contracting officer shall review the contractor’s employment and payment records of apprentices and trainees made available pursuant to the clause at 52.222-8 , Payrolls and Basic Records, to ensure that the contractor has complied with the clause at 52.222-9 , Apprentices and Trainees. (b) If a contractor has classified employees as apprentices, trainees, or helpers without complying with the requirements of the clause at 52.222-9 , the contracting officer shall reject the classification and require the contractor to pay the affected employees at the rates applicable to the classification of the work actually performed.