Requires that a minimum of ten percent of the labor hours of the total construction workforce employed by all contractors and subcontractors performing work pursuant to a construction contract shall be performed by a person or persons participating in a certified apprenticeship program; makes technical amendments.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4738
SPONSOR: Durso TITLE OF BILL:
An act to amend the labor law, in relation to apprenticeship training
PURPOSE:
To establish a minimum level of participation in construction work
performed by persons engaged in a certified apprenticeship program.
SUMMARY OF PROVISIONS:
Amends Section 816-b of the Labor Law to add subdivision 3 which would
establish a minimum of ten percent of the labor hours of the total
construction workforce performing work pursuant to a construction
contract as defined by this section, shall be performed by a person or
persons participating in a certified apprenticeship program.
JUSTIFICATION:
The purpose of an apprenticeship program is to provide instruction and
on the job training under the supervision of skilled and qualified
personnel in the construction field. The benefit is to ensure that our
future workforce possesses the requisite skills to safely provide quali-
ty work in an often dangerous and demanding profession. However, there
is presently no requirement that participants in certified apprentice-
ship programs be utilized on jobsites, which is counterproductive to
this purpose.
Under the supervision of the Department of Labor and the state appren-
ticeship and training council and the state joint apprenticeship commit-
tee, this amendment establishes a requirement that ten percent of the
labor hours of the total construction workforce performing work pursuant
to a construction contract be participants in certified apprenticeship
programs.
Such a provision will have the added benefit of reducing labor costs
associated with construction projects in that apprentices work at a
lower pay scale in comparison to journeyman, while providing the oppor-
tunity for valuable on the job training.
LEGISLATIVE HISTORY:
2024: A7607 Referred to Labor
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4738
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to apprenticeship training
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, the opening paragraph of subdivision 1
2 and subdivision 2 of section 811 of the labor law, the section heading
3 and the opening paragraph of subdivision 1 as amended by chapter 482 of
4 the laws of 1961 and subdivision 2 as amended by chapter 51 of the laws
5 of 1968, are amended to read as follows:
6 Powers and duties of [industrial] the commissioner; personnel.
7 The [industrial] commissioner shall have the following powers and
8 duties:
9 2. The [industrial] commissioner shall appoint a person who shall be
10 in charge of apprentice training in the department [of labor], and who
11 shall act as secretary of the state apprenticeship and training council
12 and of state joint apprenticeship committees. The [industrial] commis-
13 sioner is further authorized to appoint such clerical, technical, and
14 professional assistants as shall be necessary to effectuate the purposes
15 of this article. The personnel appointed under this article shall
16 receive an annual compensation to be fixed by the [industrial] commis-
17 sioner within the amount provided by appropriation.
18 § 2. Section 816-b of the labor law, as amended by chapter 669 of the
19 laws of 2023, is amended by adding a new subdivision 3 to read as
20 follows:
21 3. The commissioner shall require that a minimum of ten percent of the
22 labor hours of the total construction workforce employed by all contrac-
23 tors and subcontractors performing work pursuant to a construction
24 contract as defined by paragraph (b) of subdivision one of this section
25 shall be performed by a person or persons participating in a certified
26 apprenticeship program pursuant to this article. Only hours worked by a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01195-01-5
A. 4738 2
1 person or persons in the construction trade for which they are regis-
2 tered as an apprentice, and only hours worked by such apprentice accord-
3 ing to the allowable ratio of apprentice to journey worker as stated
4 under the applicable prevailing wage schedule, may count towards the ten
5 percent labor hour requirement.
6 § 3. Section 816-b of the labor law, as added by chapter 571 of the
7 laws of 2001, is amended by adding a new subdivision 3 to read as
8 follows:
9 3. The commissioner shall require that a minimum of ten percent of the
10 labor hours of the total construction workforce employed by all contrac-
11 tors and subcontractors performing work pursuant to a construction
12 contract as defined by paragraph (b) of subdivision one of this section
13 shall be performed by a person or persons participating in a certified
14 apprenticeship program pursuant to this article. Only hours worked by a
15 person or persons in the construction trade for which they are regis-
16 tered as an apprentice, and only hours worked by such apprentice accord-
17 ing to the allowable ratio of apprentice to journey worker as stated
18 under the applicable prevailing wage schedule, may count towards the ten
19 percent labor hour requirement.
20 § 4. This act shall take effect on the one hundred twentieth day after
21 it shall have become a law; provided that the amendments to section
22 816-b of the labor law made by section two of this act shall be subject
23 to the expiration and reversion of such section pursuant to section 1 of
24 chapter 571 of the laws of 2001, as amended, when upon such date the
25 provisions of section three of this act shall take effect.
