California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 3 - Payment of Prevailing Wages upon Public Works
Article 1 - Definitions
Section 16000 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following terms are defined for general use in these regulations within Group 3, Payment of Prevailing Wages Upon Public Works and Group 4, Awarding Body Labor Compliance Programs:
Area of Determination. The area of determining the prevailing wage is the "locality" and/or the "nearest labor market area" as determined by the Director. In determining the area, the mobility of each craft, classification and type of work will be considered.
Awarding body. Any state or local government agency, department, board, commission, bureau, district, office, authority, political subdivision, regional district officer, employee, or agent awarding/letting a contract/purchase order for public works.
Bid. Any proposal submitted to an awarding body in competitive bidding for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind.
Certified. The affirmation of a person with the authority to so affirm, under the penalty of perjury that the records are originals or are full, true and correct copies of the original and depict truly, fully and correctly the craft or type of work performed, hours and days worked, and the amounts by category listed, disbursed by way of cash, check, or in whatever form or manner to each person by job classification and/or skill pursuant to a public works contract.
Chief of DAS. Chief of Division of Apprenticeship Standards or a duly authorized representative.
Chief of DLSE/Labor Commissioner. Chief of the Division of Labor Standards Enforcement or a duly authorized representative.
Chief of DLSR. Chief of the Division of Labor Statistics and Research or a duly authorized representative.
Coverage. This means being subject to the requirements of Part 7, Chapter 1 of the Labor Code as a "public work." This includes all formal coverage determinations issued by the Director of Industrial Relations.
DAS. Division of Apprenticeship Standards.
Date of Notice or Call for Bids. The date the first notice inviting bids was published in a newspaper of general circulation or promulgated in a legally sufficient manner which results in a contract being awarded with or without competitive bidding. This may also be referred to as the Bid Advertisement Date.
Days. Unless otherwise specified means calendar days.
DLSE. The Division of Labor Standards Enforcement.
DLSR. The Division of Labor Statistics and Research.
Director. The Director of the Department of Industrial Relations or his/her duly authorized representative.
Duly Authorized Representative. An employee of the Department of Industrial Relations.
Effective Date. The date upon which the determinations of the Director go into effect. This date is ten days after the issue date of the determination.
Employer Payments. Includes:
(1) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program for the benefit of employees, their families and dependents, or retirees;
(2) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employees, their families and dependents or to retirees pursuant to an enforceable commitment or agreement to carry out a financially responsible plan or program which was communicated in writing to the workers affected; and
(3) The rate of contribution irrevocably made by the contractor or subcontractor for apprenticeship or other training programs authorized by Section 3071 and/or 3093 of the Labor Code.
Expiration Date. The date upon which the determinations of the Director are subject to change.
General Prevailing Rate of Per Diem Wages. Includes:
(1) The prevailing basic straight-time hourly rate of pay; and
(2) The prevailing rate for holiday and overtime work; and
(3) The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below:
(4) travel time and subsistence pay as provided for in Labor Code Section 1773.8.
Helper. Any subjourneyman classification traditionally used to assist a journeyman. Under no circumstance may the Helper classification be used to replace statutorily required Apprentices.
Identify or Give Notice of Identity. This means to state the name, job title, address and current telephone number of a person or entity.
Interim Determination. Those determinations of the Director issued between the quarterly updates.
Issue Date-Issuance. The date upon which copies of the determination of the Director are deposited in the mail.
LCP. A labor compliance program initiated and enforced by an awarding body in accordance with these regulations.
Locality. See Labor Code Section 1724.
Maintenance. Includes:
(1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.
(2) Carpentry, electrical, plumbing, glazing, [touchup painting,] and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.
EXCEPTION: 1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.
EXCEPTION: 2: Protection of the sort provided by guards, watchmen, or other security forces is excluded.
(3) Landscape maintenance. See Public Contract Code Section 21002.
EXCEPTION: Landscape maintenance work by "sheltered workshops" is excluded.
Mistake, Inadvertence, or Neglect. Mistake, inadvertence, or neglect in failing to pay the correct general rate of per diem wages means the lack of knowledge that any reasonable person would also be expected to have under the same or similar circumstances.
Nearest labor market Area. The nearest geographical area from which workers of the crafts, classifications, and types to be used in the performance and execution of the public work can be drawn for employment upon such public work.
Payroll Records. All time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project.
Person. Any individual [or legal entity, including a] partnership, corporation, association, or any local, state, regional, national or international organization, public or private, or any awarding body, or any agent or officer thereof, authorized to act for or on behalf of any of the foregoing.
Political Subdivision. See Labor Code Section 1721.
Predetermined Changes. Definite changes to the basic hourly wage rate, overtime, holiday pay rates, and employer payments which are known and enumerated in the applicable collective bargaining agreement at the time of the bid advertisement date and which are referenced in the general prevailing rate of per diem wages as defined in Section 16000 of these regulations. Contractors are obligated to pay up to the amount that was predetermined if these changes are modified prior to their effective date. Predetermined changes which are rescinded prior to their effective date shall not be enforced.
Prevailing Rate. Includes:
(1) The basic hourly rate being paid to a majority of workers engaged in the particular craft, classification or type of work within the locality and in the nearest labor market area, if a majority of such workers is paid at a single rate; if there is no single rate being paid to a majority, then the single rate (modal rate) being paid to the greater number of workers is prevailing. If there is no modal rate, then an alternate rate will be established by considering the appropriate collective bargaining agreements, Federal rates or other data such as wage survey data, including the nearest labor market area, or expanded survey as provided in Article 4 of these regulations;
(2) Other employer payments as defined in Section 16000 of these regulations and as included as part of the total hourly wage rate, from which the prevailing basic hourly wage rate was derived. In the event the total hourly wage rate does not include any employer payments, then the Director may establish a prevailing employer payment rate by the same procedure outlined in subsection (1) above.
(3) The rate for holiday or overtime work shall be those rates specified in the collective bargaining agreement when the basic hourly rate is based on a collective bargaining agreement rate. In the event the basic hourly rate is not based on a collective bargaining agreement, holidays and overtime (if any) included with the prevailing basic hourly rate of pay shall be prevailing.
Public Entity. For the purpose of processing requests for inspection of payroll records or furnishing certified copies thereof, "public entity" includes: the body awarding the contracts; the Division of Apprenticeship Standards (DAS), or the Division of Labor Standards Enforcement (DLSE).
Public Funds. Includes state, local and/or federal monies.
NOTE: Public funds do not include money loaned to a private entity where work is to be performed under private contract, and where no portion of the work is supervised, owned, utilized, or managed by an awarding body.
Public Works. See Sections 1720, 1720.2, 1720.3, and 1771 of the Labor Code.
Service upon a Contractor or Subcontractor. This is the process defined in Title 8, California Code of Regulations, (CCR) Section 16801(a)(2)(A).
Serve upon the Labor Commissioner. Delivery of all documents including legal process to the Headquarters of the Labor Commissioner.
Sheltered workshop. A nonprofit organization licensed by the Chief of DLSE employing mentally and/or physically handicapped workers.
Wage Survey. An investigation conducted pursuant to Labor Code Sections 1773 and/or 1773.4 to determine the general prevailing rate of per diem wages for the crafts/classifications in the county(ies) for which the survey questionnaire was designed.
Willful. See Labor Code Section 1777.1(d).
Worker. See Labor Code Sections 1723 and 1772.
1.
Repealer of group 3 (articles 1-3, sections 16000-16004, 16100-16101 and
16200-16205) and new group 3 (articles 1-4, sections 16000-16013, 16100-16109,
16200-16206 and 16300-16305) filed 1-3-77 as an emergency; effective upon
filing (Register 77, No 2). For prior history, see Register 56, No.
8.
2. New group 3 (sections 16000-16014, 16100-16109, 16200-16207.9)
filed 2-8-78; effective thirtieth day thereafter (Register 78, No.
6).
3. Renumbering and amendment of former sections 16000-16006 and
16008-16019 to section 16000; renumbering and amendment of former section
16100 to section
16002; renumbering and amendment of
former section
16101 to section
16203; renumbering and amendment of
former sections 16102-16105 to section
16200; renumbering and amendment of
former section 16106 to section
16206; renumbering and amendment of
former sections 16107(a), (b) and (c) to sections
16201,
16202 and
16205; renumbering and amendment of
former section 16108 to section
16204; renumbering and amendment of
former section
16200 to section
16300; renumbering and amendment of
former sections 16007,
16201,
16202,
16204 and
16206 to section
16302; renumbering and amendment of
former section 16207 to section
16303; renumbering and amendment of
former sections 16207.2 and 16207.3 to section
16304; renumbering and amendment of
former section 16207.5 to section
16100; renumbering and amendment of
former section 16207.7 to section
16301; renumbering and amendment of
former sections 16207.10-16207.14 to section
16400; renumbering and amendment of
former sections 16207.15 and 16207.16 to section
16401; renumbering and amendment of
former section 16207.17 to section
16402; renumbering and amendment of
former section 16207.18 to section
16403; renumbering and amendment of
former section 16207.19 to section
16500; repealer of former sections
16100.1, 16109,
16203,
16205, 16207.1, 16207.4, 16207.6
and 16207.8; and new sections
16001,
16101 and
16102 filed 2-11-86; effective
thirtieth day thereafter (Register 86, No. 7). For prior history, see Registers
82, No. 51; 80, No. 6; 79, No. 19; 72, No. 23 and 72, No. 13.
4.
Amendment filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
5.
Repealer of definition of "Predetermined Changes" filed 12-27-96; operative
1-26-97 (Register 96, No. 52).
6. Amendment of definition of
"Prevailing Rate" filed 12-27-96; operative 1-26-97 (Register 96, No.
52).
7. Change without regulatory effect restoring definition of
"Predetermined Changes" and repealing amendments to definition of "Prevailing
Rate" filed 2-19-99 (Register 99, No. 8). Pursuant to Sacramento Superior Court
Order Issued 6-4-97 in Case 97CS 00471 the amendments filed 12-27-96 and
effective 1-27-97 were invalidated and the prior regulations were
reinstated.
Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1191.5, 1720, 1720.2, 1720.3, 1721, 1722, 1722.1, 1723, 1724, 1770, 1771, 1772, 1773.5, 1776, 2750.5, 3071 and 3093, Labor Code; and Section 21002, Public Contract Code.