Cal. Code Regs. tit. 9 § 7157.5

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 7157.5 - On-the-Job Training Agreements
(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.

Cal. Code Regs. Tit. 9, § 7157.5

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.

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).