California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 2 - California Apprenticeship Council
Subchapter 1 - Apprenticeship
Article 10 - Required Apprentices on Public Works Contract
Section 227 - Scope and Application
These regulations shall govern the interpretation of Labor Code Section 1777.5, and the substantive requirements of Labor Code Section 1777.7 applicable to contractors or subcontractors, when an affected contractor or subcontractor has obtained review of a civil wage and penalty assessment issued by the Labor Commissioner which includes a determination of penalties assessed under subdivisions (a) and (b) of Labor Code Section 1777.7.
1. Repealer and new section filed 4-9-90 as an emergency; operative 4-9-90 (Register 90, No. 17). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. For prior history, see Register 82, No. 40.
2. Reinstatement of section as it existed prior to 4-9-90 emergency repeal and adoption filed 5-21-91 pursuant to Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 47).
3. Repealer and new section filed 4-10-92; operative 5-11-92 (Register 92, No. 21).
4. Editorial correction of Authority cite (Register 95, No. 21).
5. Amendment filed 8-6-2021; operative 10-1-2021 (Register 2021, No. 32). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
6. Order filed 8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending ruling on motions in Construction Employers' Association, United Contractors, and Millwright Employers' Association, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council, Case No. 34-2021-80003714. The California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council will ensure that the California Apprenticeship Council website reflects that the current version of the regulation set forth at California Code of Regulations, Title 8, section 202, as it appeared prior to 8-6-2021 Order, shall remain in full force and effect.
Note: Authority cited: Section 1777.7, Labor Code. Reference: Sections 1777.5, 1777.6 and 1777.7, Labor Code. Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee, (1989) 891 F.2d 719.