On January 18, 2022, New Jersey's Public Works Contractor Registration Act, 34 N.J.S.A. 34:11-56.56, et seq. (the “Act”) was amended to give the commissioner of the New Jersey Department of Labor and Workforce Development (NJ DOLWD) authority to audit federally regulated apprenticeship programs. What's more, the new law enables the NJ DOLWD to strip away the rights of construction contractors to perform public work if it determines that a targeted apprenticeship program does not meet federal standards. Despite the existence under federal law of a legal framework for doing so, New Jersey has neither sought nor been granted permission by the U.S. Department of Labor (DOL) to involve itself in the affairs of federally regulated apprenticeship programs.
Current Apprenticeship Landscape in New Jersey
The Act was amended in 2019 to require that public works contractors participate in a DOL-approved apprenticeship program to obtain or renew their Public Works Contractor Registration certificates. To satisfy this requirement, contractors can choose to sign a collective bargaining agreement with a trade union that maintains an apprenticeship program (as virtually all do), join an employer association/industry group that maintains apprenticeship programs, or create their own program. Regardless of the option chosen, all programs must be approved by the DOL, with little or no involvement of the NJ DOLWD. When applying for or renewing their registration, contractors must attest to...
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