Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Prior to
the implementation of on-the-job training a letter of agreement shall be reviewed
and signed by all of the following:
(1) The
client.
(2) The trainer.
(3) The counselor.
(b) The on-the-job letter of agreement shall
include all of the following:
(1) Identification of
a specific vocational objective.
(2) The
training curriculum, including the length of the training and the specific skills to
be learned.
(3) The number of hours of
instruction and supervision to be provided by a qualified instructor.
(4) The hours of training including all of the
following:
(A) Starting and quitting
time.
(B) Lunch hour.
(C) Break time(s).
(D) Schedule of time off.
(E) Number of hours to be spent in the shop or
field.
(5) The pay, along with
a statement that the trainer agrees to pay the trainee the prevailing rate paid
other employees with similar knowledge and skills.
(6) The training fees that the Department agrees
to pay to the trainer.
(7) A description
of any accommodations required to meet the special needs of the client, along with
an identification of the party responsible for providing each accommodation during
the training period.
(8) All of the
following statements:
(A) The agreement is not a
legally binding contract and may be modified or terminated at any time by the
trainer or the Department.
(B) An
employer-employee relationship exists and the trainer is responsible for both of the
following:
1. Applicable and required employer
contributions such as unemployment insurance benefits and social security, except
the Department is responsible for worker's compensation in accordance with Section
7157(c).
2. Withholding from the trainee's earnings
applicable and required deductions such as state and federal income taxes, social
security and state disability insurance.
(C) The trainer agrees to employ the trainee upon
completion of training or to assist in placing the trainee with another
employer.
(D) The trainer agrees to
inform the Department of any problems that may arise and agrees to submit monthly
progress reports each month with his/her invoice.
(c) A copy of the signed agreement shall be given
to both the trainer and the trainee. The Counselor shall retain the original in the
client's case record.
1. New section
filed 8-16-90; operative 9-15-90 (Register 90, No. 38).
2. Amendment of
subsection (b)(8)(B)1. and NOTE filed 8-20-92; operative 9-21-92 (Register 92, No.
34).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code. Reference: Section
3351.5, Labor Code;
and Section
19150,
Welfare and Institutions Code.
