FAR 52.222-9—Apprentices and Trainees.
Plain-English Summary
FAR 52.222-9, Apprentices and Trainees, sets the rules for when contractors may pay less than the wage determination rate to apprentices or trainees on federally covered construction work. It addresses who qualifies as an apprentice or trainee, the need for individual registration in an approved program, allowable apprentice-to-journeyman and trainee-to-journeyman ratios, wage and fringe benefit requirements, what happens when work is performed outside the locality where the program is registered, and the consequences if a program loses approval. It also requires that workers listed at apprentice or trainee rates who are not properly registered, or who exceed the permitted ratio, be paid the full applicable wage determination rate for the work actually performed. Finally, the clause ties the use of apprentices and trainees to equal employment opportunity requirements under Executive Order 11246 and 29 CFR Part 30. In practice, this clause is a Davis-Bacon compliance control: it allows legitimate training programs to be used on construction projects, but only within strict registration, ratio, pay, and fringe rules.
Key Rules
Apprentices must be properly registered
An apprentice may be paid less than the predetermined wage only if the person is individually registered in a bona fide apprenticeship program approved by the Department of Labor or a recognized State Apprenticeship Agency. A limited exception allows up to the first 90 days of probationary employment if the apprentice is certified as eligible for probationary employment.
Apprentice ratios are limited
The number of apprentices working on the job site in any craft classification cannot exceed the ratio allowed by the registered apprenticeship program. If the ratio is exceeded, the excess apprentice must be paid the full wage determination rate for the work actually performed.
Unregistered apprentices get full wages
Any worker shown on the payroll at an apprentice rate who is not properly registered or otherwise covered by the probationary exception must be paid at least the applicable wage determination rate for the classification of work actually performed. The same rule applies to apprentices working beyond the permitted ratio.
Out-of-area work follows program terms
If the contractor works in a locality other than where the apprenticeship program is registered, the contractor must follow the ratios and percentage wage rates in the registered program. Each apprentice must be paid at least the percentage of the journeyman rate specified for that apprentice’s level of progress in the program.
Fringe benefits depend on the program
Apprentices must receive fringe benefits according to the apprenticeship program. If the program does not address fringes, the apprentice must receive the full fringe benefits in the wage determination unless the Administrator determines a different practice applies for that apprentice classification.
Trainees need approved training plans
Trainees may be paid less than the predetermined rate only if they are individually registered in a training program that has prior approval from OATELS. The job-site trainee-to-journeyman ratio cannot exceed the ratio allowed by the approved plan.
Trainee pay and fringes are controlled
Each trainee must be paid at least the percentage of the journeyman rate specified in the approved program for the trainee’s level of progress. Fringe benefits must follow the program, or if the program is silent, the full wage determination fringe benefits generally apply, subject to the Administrator’s determination in limited cases.
Loss of approval ends reduced-rate use
If OATELS or a recognized State Apprenticeship Agency withdraws approval of an apprenticeship or training program, the contractor may no longer use apprentices or trainees at less than the applicable wage determination rate until an acceptable program is approved again.
Equal employment rules still apply
The use of apprentices, trainees, and journeymen must comply with Executive Order 11246 and 29 CFR Part 30. That means training and staffing practices must also meet federal equal employment opportunity and nondiscrimination requirements.
Responsibilities
Contracting Officer
Include the clause when prescribed by FAR 22.407(a) and ensure the contract is administered consistently with Davis-Bacon wage requirements and related labor standards.
Contractor
Use only properly registered apprentices and approved trainees, maintain required ratios, pay the correct percentage wage rates and fringe benefits, and stop using reduced rates if program approval is withdrawn.
Subcontractor
Follow the same apprenticeship and trainee registration, ratio, wage, fringe, and approval requirements as the prime contractor for any covered work performed under the contract.
Department of Labor / OATELS or State Apprenticeship Agency
Approve apprenticeship and training programs, certify probationary apprentice eligibility where applicable, and withdraw approval when a program no longer meets requirements.
Wage and Hour Division Administrator
Determine fringe benefit treatment in limited cases where the program is silent or where a different prevailing practice is found for the applicable apprentice classification.
Workers classified as apprentices or trainees
Participate in the approved program, remain within the program’s registration and progression requirements, and perform work consistent with the applicable classification and ratio limits.
Practical Implications
Contractors should verify registration before putting anyone on the payroll at apprentice or trainee rates; payroll errors can quickly become underpayment violations.
Job-site ratio tracking matters just as much as program approval. Even a properly registered apprentice or trainee must be paid full prevailing wages if the crew exceeds the allowed ratio.
Fringe benefits are a common trap. If the program does not clearly address fringes, the contractor may owe the full wage determination fringe amount.
If a program loses approval, reduced-rate labor must stop immediately until a new acceptable program is in place.
For compliance reviews, keep documentation showing program approval, individual registration, probationary certification if used, ratio calculations, wage progression, and fringe benefit treatment.
Official Regulatory Text
As prescribed in 22.407 (a) , insert the following clause: Apprentices and Trainees (July 2005) (a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work performed when employed- (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. (3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (4) Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. (1) Except as provided in 29 CFR 5.16 , trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30 . (End of clause)