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' , Page: 30 <br />(4) Apprentices and trainees -(i) Annrentices - Apprentices will be permitted to work at less <br />than the predetermined rate for the work they perfonned when they are employed pursuant to <br />and individually registered in a bona fide apprenticeship program registered with the U.S. <br />Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and <br />Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is <br />employed in his or her first 90 days of probationary employment as an apprentice in such an <br />apprenticeship program, who is not individually registered in the program, but who has been <br />certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where <br />appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of <br />apprentices to journeymen on the job site in any craft classification shall not be greater than the <br />ratio permitted to the Contractor as to the entire work force under the registered program. Any <br />worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise <br />employed as stated above, shall be paid not less than the applicable wage rate on the wage <br />determination for the classification of work actually performed. In addition, any apprentice <br />performing work on the job site in excess of the ratio permitted under the registered program <br />shall be paid not less than the applicable wage rate on the wage determination for the work <br />actually performed. Where a Contractor is performing construction on a project in a locality <br />other than that in which its program is registered, the ratios and wage rates (expressed in <br />percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's <br />registered program shall be observed. Every apprentice must be paid at not less than the rate <br />specified in the registered program for the apprentice's level of progress, expressed as a <br />percentage of the journeymen hourly rate specified in the applicable wage determination. <br />Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship <br />program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid <br />the full amount of fringe benefits listed on the wage determination for the applicable <br />classification. If the Administrator of the Wage and Hour Division of the U.S. Department of <br />Labor determines that a different practice prevails for the applicable apprentice classification, <br />fringes shall be paid in accordance with that determination. In the event the Bureau of <br />Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, <br />withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to <br />utilize apprentices at less than the applicable predetermined rate for the work performed until an <br />acceptable program is approved. <br />(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less <br />than the predetermined rate for the work performed unless they are employed pursuant to and <br />individually registered in a program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and Training Administration. The <br />ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan <br />approved by the Employment and Training Administration. Every trainee must be paid at not <br />less than the rate specified in the approved program for the trainee's level of progress, expressed <br />as a percentage of the journeyman hourly rate specified in the applicable wage determination. <br />Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If <br />the trainee program does not mention fringe benefits, trainees shall be paid the full amount of <br />fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour <br />Division determines that there is an apprenticeship program associated with the conesponding <br />journeyman wage rate on the wage determination which provides for less than full fringe <br />benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered <br />and participating in a training plan approved by the Employment and Training Administration <br />shall be paid not less than the applicable wage rate on the wage determination for the <br />