Our primary concern is maintaining regulatory compliance for the training trusts governed by ERISA while still promoting growth in their industries.​

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Many trades offer entry into their industry through  standardized and accredited apprenticeship programs that are funded through negotiated contributions to an ERISA trust fund.  Apprentices receive in-class and hands-on training while also working in the industry and earning a wage.  Many of these training trusts also provide upgrade and re-certification training for all participants, not just the apprentices.  These Apprenticeship Plans are governed by both ERISA and Department of Labor and/or State Apprentice Agencies.  Some plans receive standardized curriculum from their affiliated international unions, but other develop the training plans on their own.  Health and safety regulations have also added to the training and certification requirements that need to be addressed to ensure that new workers in the trade have the proper training and expertise upon graduation.

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How our team can help

Our attorneys work with training funds boards and their staff. Our primary concern is maintaining regulatory compliance for the trust funds governed by ERISA. In this role, we counsel the trustees on fiduciary responsibilities and Department of Labor’s restrictions on the use of plan assets.  Additionally, we advise on EEOC and Affirmative Action programs.

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• Maintaining updated Plan Documents and Standards

• Assisting with compliance with governing plan documents, policies and procedures

  • Monitoring of graduation ceremony expense

  • Maintenance of Affirmative Action Plan and EEO Compliance Reports

• Maintaining updated vendor agreements and fee disclosures

• Reviewing administrative expenses for reasonableness

• Reviewing administrative checks and balances 

• Presenting trustees on legislative and regulatory developments

 

We also assist the trustees and training director in their efforts to maintain compliance with the apprenticeship training standards. We advise the trustees on recruitment, retention, discipline, discrimination and advancement issues. To further training goals and opportunities, we negotiate affiliations with local community colleges and assist with Council on Occupational Education accreditation procedures.