Dive Brief:
- The U.S. Department of Labor issued a final rule to change what it calls “onerous and legally questionable affirmative action requirements” related to Registered Apprenticeship program sponsors, according to documents filed in the Federal Register on Thursday. The rule, published Friday, comes as teacher apprenticeship programs have surged in the past four years.
- The goal, according to the DOL, is to simplify work for employers, noting that part 30 of the rule and its “complicated array” of nondiscrimination requirements will be replaced with “a more straightforward” alternative. The rule will go into effect on Jan. 5.
- Part 30 mandated that a designated individual manage all equal employment opportunity obligations, conduct antiharassment training and post an equal opportunity pledge. Additionally, the original regulation required sponsors with five or more apprentices to analyze apprentice demographic data related to race, sex, and ethnicity. The new final rule eliminates these requirements. HR Dive reached out to DOL for comment and did not hear back by the time of publication.
Dive Insight:
Education is the top occupation in the U.S. for degree-based apprenticeships, according to an August report by New America. Beyond teachers, K-12-related registered apprenticeship programs also include principals and lead teachers.
Registered Apprenticeship programs are meant to bridge the gap between employer needs and entry-level professionals, per the official federal apprenticeship fact sheet. What sets them apart is that they are industry-vetted and paid opportunities, they offer structured on-the-job learning and supplemental classroom education, and give participants portable credentials.
The programs span several industries, including agriculture, construction, education, energy, financial services, health care, hospitality, manufacturing, technology and transportation.
In the final rule, DOL summarized public commenters’ concerns with the new regulation’s potential effect on educator apprenticeship programs.
Specifically, one commenter said that students need access to teachers who they can relate to, who can “affirm their identities,” and who can “teach with an understanding of the cultural context of their lives,” according to DOL. Otherwise, the commenter said, students “may feel invisible,” and their learning outcomes may suffer when the teaching workforce is "homogeneous."
DOL noted that another commenter said the rule would “restrict active and expansive recruitment efforts that address gaps in the educator workforce.”
In response to those comments, DOL said the final rule reduces “prescriptive Federal mandates” that will provide apprenticeship sponsors — including in the education sector — greater flexibility to design their programs, such as with outreach and recruitment strategies.
“The Department acknowledges the important role that educator apprenticeship programs can play in fortifying the teaching workforce,” DOL’s response said. “The Department’s final rule does not prohibit sponsors from engaging in lawful recruitment efforts.”
More broadly, DOL “expects that removing these obligations will significantly reduce administrative burdens for sponsors,” and encourage further adoption of Registered Apprenticeship programs, the final rule document said.
Since 2024, DOL has continued to deregulate apprenticeship programs. DOL originally proposed a rule in December 2023 seeking to “modernize” apprenticeship programs. At the time, then-Acting Secretary of Labor Julie Su said in a press release, “Equity and job quality have marked the most successful Registered Apprenticeship programs for workers and employers alike. This proposed rule codifies the Department of Labor’s strong commitment to these principles.”
