Training and Education Funds

EBIS Search Results

Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations: Final rule.
Federal Register; v73 no210 pp 64402-64434 Oct 29, 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Department of Labor has issued a final rule on changes to regulations implementing the National Apprenticeship Act of 1937. The final rule includes a number of clarifications and additions to the definitions of existing regulations. A new section which provides for performance assessment of apprenticeship programs has been added. Additionally, the rule updates procedures for the registration of apprenticeship programs, criteria for apprenticeable occupations, requirements for apprenticeship agreements and procedures for deregistering and reregistering apprenticeship programs.
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Construction: DOL Finalizes Modernization of Rule Governing National Apprenticeship Program.
Cherry, Sheila R.; Daily Labor Report; no209 p A11 Oct 29, 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The DOL is scheduled to issue a final rule on October 29, 2008 updating the National Apprenticeship System for the first time in over three decades. The final rule clarifies and makes more flexible the DOL's regulations under the National Apprenticeship Act of 1937. The rule, which will be effective December 29, 2008, is an update to a proposed rule published in the December 13, 2008 Federal Register. Addressed in the final rule are techniques and educational media, clarified rules for small apprenticeship programs and an extended implementation period for state programs.
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ERISA: Sixth Circuit Lifts 1992 Injunction, Allows Michigan to Enforce Apprentice Law.
Meyer, Jo-el J.; Daily Labor Report; no180 p A1 Sep 17, 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Sixteen years after the federal court for Eastern Michigan ruled parts of the Michigan Electrical Administrative Act (MEAA) were preempted by ERISA, the Sixth Circuit Appeals Court reversed the injunction. The Michigan Department of Labor and Economic Growth objected to ERISA preemption of the ratio and equivalency requirements in the MEAA, the electrician apprentice law, and appealed the injunction. The appeals court viewed these elements to be remote from the concerns of ERISA as established by Congress. If ERISA were ruled to preempt the law on these elements, numerous state laws regulating a wide variety of issues tangentially related to ERISA could be preempted.
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A Legal Evolution: The Influence of Genetics in the American Workplace.
Lorber, Lawrence Z.; Perdue, Abigail L.; HR Advisor: Legal & Practical Guidance; v14 no5 pp 12-18 Sep-Oct 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Genetic Information Nondiscrimination Act of 2008 was designed to protect individuals from employment or insurance coverage discrimination based on their genetic profiles. Employers and insurers are prohibited from using genetic information in decisions related to employment, apprenticeships, and eligibility for insurance coverage. They are also prohibited from disclosing such information to third parties. These prohibitions do not apply to medical conditions that have already manifested, regardless of whether or not they have a genetic basis.
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Career and Technical Education: Comparing China's Political, Rural and Economic Sectors.
Gaal, John S.; Benefits & Compensation Digest; v45 no7 pp 32-36 Jul 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Interviews with educators at Chinese vocational schools in Beijing, Guiyang and Shanghai in 2007 revealed differences of potential significance for apprenticeships and other training programs. China strongly supports training skilled workers and internships as part of secondary education for boys and girls and ethnic minorities. The country provides free or low cost teacher education and textbooks. Instructors must possess content knowledge as well as strong language, mathematics and teaching skills. Technical programs must be as rigorous as academic programs while providing significant practical experience.
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Running Your Training Fund Like a Business.
Beebe, Lawrence R.; Benefits & Compensation Digest; v45 no6 pp 36-41 Jun 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : At the Trustees Institute for Jointly Managed Training and Education Funds, participants heard about how to run a training fund in a business like fashion. Some attendees were union training fund coordinators but having to take on the role of a fiduciary. The duties of a fiduciary place greater strictures on what a training fund coordinator can do, since they can only operate the training fund for the direct and exclusive benefit of the participants and beneficiaries. Training fund coordinators must pay close attention to cash handling procedures, investments, income sources, reporting requirements, unrelated business income tax, budgeting and recordkeeping and follow best business practices.
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Hard Hats and Soft Skills: Making Return on Investment a Part of Value-Added Apprenticeship Outcomes.
Meers, Gary; Benefits & Compensation Digest; v45 no4 pp 24-28 Apr 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The construction industry is typical of many being hit hard by a dwindling labor force. Enhanced apprenticeship programs may provide a solution. By integrating problem solving, leadership, communication, networking and time management skills, apprenticeship programs can expand their appeal to workers who want industry specific skills as well as broader knowledge to advance their careers. These skills add value to an apprenticeship and increase personal satisfaction and return on investment for the apprentice and sponsor. Programs add appeal by being flexible, incorporating e-learning, building in entrepreneurship, creating alliances, reaching out to parents and marketing to the community.
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ERISA: Ambiguities Preclude Ruling on Liability of Employer for Differential Payments.
Daily Labor Report; no31 pp A4 Feb 15, 2008; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In Roofers Local 149 Joint Apprenticeship Fund v. Ann Arbor Roofing Co., the U.S. District Court for the Eastern District of Michigan ruled that conflicting competition leveling clauses contained in two collective bargaining agreements (CBAs) could be interpreted differently, preventing a decision concerning Ann Arbor Roofing's liability. At issue was whether a subsistence payment was a wage or a fringe benefit. The court based its decision on Roofers Local 149 Joint Apprenticeship Fund v. Bloom Roofing System Inc., also heard by the Michigan Eastern District and the Sixth Circuit Appeals Court. In the current case the court ruled that the CBAs were identical to those in the Bloom case and declined to enter summary judgment to award payments to the apprenticeship fund.
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Apprenticeship and Training Funds.
54 pp 2008; book

Availability : International Foundation of Employee Benefit Plans
Abstract : Provides information on the legal and fiduciary issues impacting apprenticeship and training funds. Contains seven previously published articles, summaries of approximately 40 additional articles and a list of internet resources.
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Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations: Notice of Proposed Rulemaking (NPRM); Request for Comments.
Federal Register; v72 no239 pp 71,020-71,038 Dec 13, 2007; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The DOL's Employment and Training Administration proposes changes to 29 Code of Federal Regulations Part 29. First adopted in 1977, Part 29 sets out policies and procedures for apprenticeship programs and agreements. The proposed rule updates Part 29 in several ways. It focuses on promoting employment and training opportunities, deletes outdated information, makes registration for apprenticeship programs more flexible, tightens program oversight, substitutes gender neutral language and recognizes advances in technology. Overall, the changes are designed to protect the welfare of apprentices.
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Job Training: DOL Proposes Updated Rules to Clarify, Modernize Apprenticeship Program System
Cherry, Sheila R.; Daily Labor Report; no239 p A8 Dec 13, 2007; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The DOL's proposed rules update implementation of the National Apprenticeship Act to formalize some processes, expand and refine terminology and ensure all text is gender neutral. They also allow for expanded technology use in learning. The DOL seeks to maintain high standards for apprenticeship programs while making program approval simpler. The rules would make it easier for an individual to join and leave a program and retain portable learning credits. The agency would also tighten procedures applying to state regulating agencies, including their suspension and derecognition.
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Training and Education Funds: An Overview of Legal and Fiduciary Issues.
Ledbetter, Michael A.; Benefits & Compensation Digest; v44 no6 pp 22-25 Jun 2007; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Employee training programs are bound state and federal regulations, and trustees for these programs must be aware of their obligations. Apprenticeship programs are tax exempt if classed as educational or as labor organizations, but excess benefit transactions can result in an IRS excise tax. Programs funded by employer trust assets are subject to ERISA and require a written trust instrument with named fiduciaries following normal fiduciary standards of conduct. Fiduciary compensation is limited, and there should be a written policy governing reimbursement of expenses. Programs should be certain they are well covered by various necessary types of insurance.
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Women and Low-Skilled Workers: Other Countries' Policies and Practices That May Help These Workers Enter and Remain in the Labor Force.
47 pp Jun 2007; misc. publication

Availability : International Foundation of Employee Benefit Plans
Abstract : Concerns about a shrinking workforce prompted the Government Accountability Office (GAO) to study other countries' approaches to helping women and low paid workers stay employed. The GAO examined the policies of Canada, the United Kingdom, Netherlands and Denmark and reviewed the literature on other countries. The four countries offer family leave and other types of leave, and all countries subsidize child care for some working parents. These benefits correlate with increased employment, but training and apprenticeship programs show mixed results. Many factors confound the value of these specific benefits for promoting employment, such as a worker's ability to afford to take unpaid leave even for emergencies.
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ERISA: Michigan Court Refused to Lift Injunction Barring Enforcement of Apprentice Law.
Daily Labor Report; no68 p A6 Apr 10, 2007; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : In 1992 the District Court for Eastern Michigan found ERISA preempted the Michigan Electrical Administrative Act's (MEAA) requirements for ratio and equivalency for licensed and apprentice electricians on a job. The court issued an injunction preventing enforcement of the law because it set minimum benefit levels and limited employers' flexibility for training apprentices. In 2006, the state Department of Labor and Economic Growth sought to dissolve the injunction. In Associated Builders & Contractors, Saginaw Valley Area Chapter v. Department of Labor & Economic Growth, the court found that the MEAA provisions are connected with ERISA plans since they set fundamental conditions for apprenticeship programs with no required action by a state agency charged with enforcement. The court upheld the injunction.
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State Laws: California Governor Signs Bill to Expand Apprenticeship Programs, Rejects Audit Plan.
Mahoney, Laura; Daily Labor Report; no193 p A7 Oct 5, 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : On September 30, 2006, California governor Arnold Schwarzenegger signed into law a bill that allowed programs under the Bureau for Private Postsecondary and Vocational Education to provide classroom instruction to apprenticeship programs. The bill had the support of the Associated Builders and Contractors of California (ABC), who claimed it corrected an omission in a 2002 law. The governor vetoed a law replacing the random audits of apprenticeship programs with regular audits of all such programs. The governor again sided with the ABC, who said the law would create onerous requirements on apprenticeship programs and enormous costs for the state.
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Apprenticeship Training: The German Dual Vocational Model: A Model of Partnership and Effectiveness
Wise, Joseph B., III; Barger, Steve; Benefits & Compensation Digest; v43 no10 pp 38-39, 41-43 Oct 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Germany's dual vocational system and apprenticeship training system provides a useful model for employment training in other countries. The system is supported by a partnership of government, industry and labor unions. Entry in the system is through the country's secondary school path. The system offers preparation for nearly 400 different apprenticeship occupations and is governed by the Vocational Training Act, which dictates training and supervision, qualifications, examinations, rights and responsibilities and general oversight. Companies select apprentice applicants in ninth grade, enrolling them in a three year course overseen by industrial organizations, with cooperation and involvement of trade unions and management.
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Preemption: ERISA Doesn't Bar Oregon Law That Sets Prerequisites for Apprenticeship Committees.
Meyer, Jo-el J.; BNA's Pension & Benefits Reporter; v33 no22 p 1,368 Jun 6, 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : A 1931 Oregon law promotes apprenticeship training programs but is indifferent to whether the plans are covered by ERISA or not. Consequently, in Oregon Columbia Brick Masons Joint Apprenticeship Training Committee v. Gardner, the Ninth Circuit Court of Appeals affirmed the lower court's summary judgment for the defendant, ruling that ERISA does not preempt the law. At issue was the need for apprenticeship programs to be registered with the state and to maintain trust funds as required by ERISA and Labor Management Relations Act. The court ruled that Oregon's law does not require registration and that unfunded programs are not ERISA plans.
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ERISA: Court Finds ERISA No Bar to Law Setting Prerequisites for Apprenticeship Committees.
Meyer, Jo-el J.; Daily Labor Report; no100 p A1 May 24, 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : An Oregon law sets requirements for local apprenticeship training committees to be recognized by the state. When committees for brick masons and cement masons sought recognition, they were told that committees were already in place covering the same geographic area. The committees sued state officials in Oregon Columbia Brick Masons Joint Apprenticeship Training Comm. v. Gardner, heard by the Ninth Circuit Court of Appeals. The committees claimed that ERISA preempts the state law, but the district and appeals courts ruled that the law addresses the need to serve apprentices in a given area and does not pertain to ERISA directly. The law does not require committees to maintain trust funds nor to be registered.
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HR Implications from the Budget.
Genno, Ian; Canadian HR Reporter; v19 no10 p 5 May 22, 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : The Canadian federal budget for 2006 includes some tax relief and other items pertaining to federally regulated defined benefit pension plans. Four temporary measures provide solvency funding relief. The budget does not address the surplus amounts and their effect on employer contributions. The budget includes changes to the lowest personal income tax rate and basic personal amount, and doubles the maximum amount of annual pension income eligible for the pension income tax credit, retroactive to January 1, 2006. The budget introduces a Canada employment credit effective July 1, 2006, a tax deduction for tradespeople's tools, an apprenticeship job creation tax credit and a dividend tax credit. To prepare, HR departments must align payroll systems with tax rate changes and employers should consider the funding relief options.
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The Rise of the Apprentice.
Rowh, Mark; Human Resource Executive; v20 no2 pp 38, 40-41, 43 Feb 2006; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Apprenticeship programs are on the rise, with 32,000 programs and nearly 500,000 workers. Traditionally focused on construction trades, the programs have expanded to a wide variety of areas. Apprentices are permanent employees whose wages increase as they gain knowledge and experience to become journeymen. Employers such as Libby Glass, the Kansas City Board of Public Utilities and CVS/pharmacy benefit from excellent skills, strong retention and a growing replacement labor force. Programs demand time and commitment from employers as well as administrative and financial support. Registered programs must follow DOL guidelines, but companies can make other arrangements by collaborating with educational organizations to develop training programs customized to meet their labor needs.
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Apprenticeship and Training Funds.
54 pp 2006; book

Availability :
Abstract : Provides information on the legal and fiduciary issues impacting apprenticeship and training funds. Contains seven previously published articles, summaries of approximately 40 additional articles and a list of internet resources.
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Apprenticeship Programs and Federal Employment Law.
Benson, Sandra Rae; Benefits & Compensation Digest; v42 no12 pp 1-8 suppl. Dec 2005; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : As an employment and a training program, an apprenticeship program is affected by a range of federal and state laws related to employment and to education. The most common issues facing apprenticeship programs pertain to nondiscriminatory selection, protection from harassment and discrimination including age discrimination, and consideration of apprentices with disabilities and members of the uniformed military service. Program managers should be particularly aware of the requirements of the Equal Employment Opportunity Commission, Americans with Disabilities Act, Uniformed Services Employment and Reemployment Rights Act, Age Discrimination in Employment Act and the Family and Medical Leave Act. To ensure due process equal protection in discipline, program rules must be reasonable and applied evenly fairly.
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Employment Law: What Every Trustee and JATC Member Should Know.
Jesinger, Robert E.; Benefits & Compensation Digest; v42 no11 pp 1-3 suppl. Nov 2005; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Many federal laws affect a Joint Apprenticeship and Training Committee in its role as an employer. Discrimination based on race, color, religion, sex, national origin, disability, marital status or veteran status, among other factors, is illegal when determining eligibility for an apprenticeship program. Questions about such factors are prohibited during the selection process. Apprenticeship programs are allowed to establish standards and engage in testing, as long as it does not touch on prohibited factors. Medical tests are not allowed as part of the selection process, but drug and alcohol tests are allowed. The JATC should establish clear and fair standards of conduct and progressive discipline schedules for every apprenticeship program. Committee members should be aware that state laws may impose greater restrictions on their programs than federal law.
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Showing the Love.
Macklem, Katherine; Maclean's; v118 no43 pp 26-39 Oct 24, 2005; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : After years of focusing on plans for operations, marketing and sales, smart companies are developing people plans to assure a stable workforce for the future. A focus on recruitment is being followed by heavy investments in employee training and development. Canada's demographic picture demands that companies focus on building winning long-term relationships between employers and employees, to avoid the high direct and indirect costs of employee turnover. Employers recognize that workers value more than their salary, looking for perks and other incentives to make staying with a company worthwhile. A directory of Canada's Top 100 Employers is included.
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Disability Law Affecting Training and Education Funds.
Jesinger, Robert E.; Benefits & Compensation Digest; v42 no10 pp 1-5 suppl. Oct 2005; journal article

Availability : International Foundation of Employee Benefit Plans
Abstract : Apprenticeship committees need to be aware of the provisions of the Americans with Disabilities Act when they set standards, advertise and recruit. The committee must give equal opportunity to disabled applicants if they can perform the essential functions of a job, with reasonable accommodations. The committee needs to establish just what the essential functions of the job are. In general, essential function are the fundamental duties of the position. Because of the all-inclusive nature of apprentice training, the essential functions required for apprentices to qualify for journeyman status may differ from essential functions for regular employees.
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