New York Proposes New Flexibility for Apprenticeship Ratios

As New York State prepares for what could be a significant increase in construction activity over the next decade, state officials are taking steps to address one of the industry's most pressing workforce challenges: building the workforce needed to support the projects ahead.

New York State Commissioner of Labor Roberta Reardon recently announced that the New York State Department of Labor is proposing a new regulation that would give eligible apprenticeship programs greater flexibility in their apprentice-to-journeyworker ratios.

Commissioner Reardon shared the announcement at the New York State Building and Construction Trades Council's 39th Constitutional Convention and again during the August 18, 2026, Apprenticeship Training Council meeting.

The proposal comes as New York faces growing demand for skilled construction workers. Major projects planned across the state, combined with the retirement of experienced journeyworkers, are expected to create a need for additional trained workers in the years ahead.

At the same time, changes to New York's Labor Law have expanded prevailing wage and apprenticeship requirements for certain private construction projects, further increasing the need for qualified apprentices and journeyworkers.

A Proposed Path for Greater Flexibility

Apprentice-to-journeyworker ratios determine how many apprentices may work or train in relation to experienced journeyworkers. These ratios are intended to help ensure apprentices receive appropriate supervision, training, and support as they develop their skills.

Under the proposed regulation, eligible apprenticeship program sponsors would be able to apply for a variance from the state's existing apprentice-to-journeyworker ratio requirements when there is a demonstrated need for flexibility.

Programs seeking a variance would need to propose an alternative ratio and provide a clear justification for the request. They would also need to explain how they plan to continue protecting the quality and safety of apprenticeship programs.

According to Commissioner Reardon's announcement, applicants would need to demonstrate how an alternative ratio would maintain:

• Safety on the job
• Proper training and supervision for apprentices
• Continuity of employment for apprentices

The specific application process for requesting a ratio variance is still being developed.

Which Programs Could Be Eligible?

Not every apprenticeship program would automatically qualify for a ratio variance. Under the proposed regulation, programs would need to meet several eligibility requirements.

A program would need to have completed its probationary period and graduated at least one cohort. It could not be subject to a corrective action plan and could not have recent findings from the Department of Labor's monitoring of the sponsor's apprenticeship programs.

Programs would also need to remain in good standing with requirements related to unemployment insurance, prevailing wage, labor standards, workplace safety and health, workers' compensation, and disability insurance.

These requirements are intended to ensure that additional flexibility is available to established programs that have demonstrated a record of compliance and successful apprenticeship training.

Maintaining Accountability Over Time

The proposed variances would not be permanent.

According to the announcement, an approved variance would expire when the apprenticeship program comes up for recertification. At that point, a sponsor seeking to continue using an alternative ratio would need to reapply.

The sponsor would also be expected to provide information about the impact of the previous variance. This would allow the Department of Labor to evaluate how the policy is working over time and assess whether changes to apprentice-to-journeyworker ratios are helping address workforce needs while maintaining the standards that make apprenticeship programs effective.

What Happens Next?

The proposed regulation is scheduled to be published in the New York State Register on September 2, 2026. Once published, the proposal will be open to public comment for 60 days.

Following the public comment period, the New York State Department of Labor will review the feedback and determine whether changes should be made to the proposed regulation. If no changes are necessary, the Department can move forward with a Notice of Adoption to finalize the rule.

Commissioner Reardon noted that the regulatory process typically takes approximately four to six months after filing.

Once the rule takes effect, eligible apprenticeship program sponsors will be able to access the ratio variance application online.

Responding to a Changing Workforce

The proposed regulation reflects a broader challenge facing the construction industry: how to grow the skilled workforce needed for the projects ahead while maintaining high standards for training, supervision, safety, and employment.

Registered apprenticeship programs play an important role in preparing the next generation of skilled tradespeople. As demand for construction work grows and experienced journeyworkers retire, finding ways to expand training opportunities while preserving the quality of those programs will continue to be an important conversation across New York's union construction workforce.

The proposed ratio flexibility is not yet final, and stakeholders will have an opportunity to weigh in during the public comment period. As the regulation moves through the approval process, the Department of Labor is expected to provide additional details about how the variance application process will work.

Learn More About Registered Apprenticeship

As the need for skilled workers continues to grow, registered apprenticeship programs will remain an important part of preparing the next generation of the construction workforce.

To learn more about registered apprenticeship opportunities and programs across New York State, visit the New York State Department of Labor's Apprenticeship Program.

Source: This article is based on an announcement from Roberta Reardon, New York State Commissioner of Labor, regarding the New York State Department of Labor's proposed regulation addressing flexibility in apprentice-to-journeyworker ratios.

Reference: New York State Department of Labor. Additional information about the proposed regulation and public comment process is expected to be available through the Department and the New York State Register following publication of the proposed rule.