The Department of Labor and Industry Announces Intent to Adopt a Regulation Pertaining to Employer On-The-Job Training Programs or Other Training Programs Established in Accordance with

Va. Code § 40.1-28.10 

The Department of Labor and Industry would like to solicit public comment regarding the adoption of 16 VAC15-60: Requirements for Employer On-The-Job Training Programs or Other Training Programs.

The draft language for the proposed regulation appears below: 

16 VAC15-60: Requirements for Employer On-The-Job Training Programs or Other Training Programs.

A. This chapter is promulgated pursuant to § 40.1-28.10 of the Code of Virginia. Its purpose is to provide the standards required for any employer on-the-job training training or other training program established in accordance with § 40.1-28.10.

B. Beginning May 1, 2021, an employee enrolled in an established on-the-job or other training program may, for the first 90 days after start of employment, be paid a training wage of not less than 75 percent of the minimum hourly wage specified at §40.1-28.10, provided the following conditions are met:

1. 1. The employee has been hired in, and is receiving training for, an occupation in which the employee has no previous similar or related experience;
   2. The employer is not utilizing the employee being paid the training wage in a manner that causes, induces, encourages, or assists any displacement or partial displacement of any currently employed worker, including any previous recipient of the training wage, by reducing hours of a currently employed worker, replacing a current or laid off employee with a trainee, or by relocating operations resulting in a loss of employment at a previous workplace, or in a manner that replaces, supplants, competes with, or duplicates any approved apprenticeship program;
   3. The occupation for which the employee is receiving training must require a sufficient degree of skill to necessitate a learning period. The training must not be for the purpose of acquiring manual dexterity and high production speed in repetitive operations;
   4. Such a training program must involve either formal instruction or on-the-job training during a period when the learners are entrusted with limited responsibility and are under supervision or guidance;
   5. Such a training program shall describe in writing the nature and extent of the instruction and supervision provided;
   6. The employer makes a good faith effort to continue to employ the employee after the training period of the training wage expires;
   7. The employer shall not hire the employee at the training wage unless there is a reasonable expectation that there will be regular employment, paying at or above the effective minimum wage, for the trainee upon the successful completion of the period of the training wage. 

End of Proposed Regulation

If you wish to register a public comment about this proposed regulation, please use the comment forum here. The forum will be open from December 17, 2020 to January 16, 2021.