29 C.F.R. § 29.4
Criteria for apprenticeable occupations
An apprenticeable occupation is one which is specified by industry and which must:
(a) Involve skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning;
(b) Be clearly identified and commonly recognized throughout an industry;
(c) Involve the progressive attainment of manual, mechanical or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and
(d) Require related instruction to supplement the on-the-job learning.
Notes of Decisions
Cited in 2
cases, 2010–2020 · leading case: Pignataro v. Port Auth. of New York & New Jersey, 593 F.3d 265 (3rd Cir. 2010).
Pignataro v. Port Auth. of New York & New Jersey, 593 F.3d 265 (3rd Cir. 2010). “at *16 (citing 29 C.F.R. § 29.4 (1999)). The Board further noted that many courts have held that a specialized college degree is required to meet the “learned professional” exemption.”
Ulinski v. Bhd. of R.R. Signalmen, Local 56 (E.D.N.Y 2020). “Here, Plaintiff fails to allege that any position held by him was an “apprenticeable occupation” as defined in 29 C.F.R. § 29.4 . Moreover, this Court is not convinced that a private cause of action even exists under the NAA.”
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