Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The parties listed in this section must comply with the
provisions of the Labor Code applicable to the payment of prevailing wages on
public works contracts.
(a) Department
and Division Authority in Prevailing Wage Issues. The Director shall establish
and coordinate the administration of the State's prevailing wage law, including
the determination of coverage issues. The lead agency for the determination of
prevailing wage rates shall be the Division of Labor Statistics and Research.
The lead agency for the enforcement of the payment of prevailing wages is the
Division of Labor Standards Enforcement. The lead agency for the coordination
on apprenticeship is the Division of Apprenticeship Standards. This section
shall not be construed to preclude any filing requirements with DLSR of
appropriate agreements or petitions regarding determinations or any other
documents, papers, books, etc. otherwise required by the law or these
regulations.
(b) The Awarding Body
shall:
(1) Obtain the prevailing wage rate
from the Director in accordance with Labor Code Sections
1771 and
1773.
(2) Specify the appropriate prevailing wage
rates, in accordance with Labor Code Sections
1773.2 and
1777.5.
(A) The posting requirement is applicable for
each job site.
EXCEPTION: If more than one worksite exists on any
project, then the applicable rates may be posted at a single location which is
readily available to all workers.
(B) If a wage rate for a craft,
classification or type of worker is not published in the Director's general
prevailing wage determinations, a request for a special determination should be
made by the awarding body to Chief, Division of Labor Statistics and Research,
P.O. Box 420603, San Francisco, CA 94142, at least 45 days prior to the project
bid advertisement date.
(3) Notify DAS. See Labor Code Section
1773.3.
(4) Inform prime contractors, to the extent
feasible, of relevant public work requirements:
NOTE: Requirement information may be disseminated at a
preacceptance of bid conference or in a call for bids or at an award of bid
conference.
The public works requirements are:
(A) the appropriate number of apprentices are
on the job site, as set forth in Labor Code Section
1777.5.
(B) worker's compensation coverage, as set
forth in Labor Code Sections
1860 and
1861.
(C) keep accurate records of the work
performed on the public works project, as set forth in Labor Code Section
1812.
(D) inspection of payroll records pursuant to
Labor Code Section
1776, and as
set forth in Section
16400 (e) of these
regulations.
(E) and other
requirements imposed by law.
(5) Withhold monies. See Labor Code Section
1727.
(6) Ensure that public works projects are not
split or separated into smaller work orders or projects for the purpose of
evading the applicable provisions of Labor Code Section
1771.
(7) Deny the right to bid on public work
contracts to contractors or subcontractors who have violated public work laws,
as set forth in Labor Code Section
1777.7.
(8) Not permit workers on public works to
work more than eight hours a day or 40 hours in any one calendar week, unless
compensated at not less than time and a half as set forth in Labor Code Section
1815.
EXCEPTION: If the prevailing wage determination requires
a higher rate of pay for overtime work than is required under Labor Code
Section
1815, then that
higher overtime rate must be paid [, as specified in subsection
16200(a)(3)(F) of
these regulations.]
(9) Not
take or receive any portion of the workers' wages or accept a fee in connection
with a public works project, as set forth in Labor Code Sections
1778 and
1779.
(10) Comply with those requirements as
specified in Labor Code Sections
1776(g),
1777.5,
1810,
1813, and
1860.
(c) Contractor-subcontractor.
The contractor and subcontractor shall:
(1) Pay not less than the prevailing wage to
all workers, as defined in Section
16000(a) of these
regulations, and as set forth in Labor Code Sections
1771 and
1774;
(2) Comply with the provisions of Labor Code
Sections
1773.5,
1775, and
1777.5
regarding public works jobsites;
(3) Provide workers' compensation coverage as
set forth in Labor Code Section
1861;
(4) Comply with Labor Code Sections
1778 and
1779 regarding
receiving a portion of wages or acceptance of a fee;
(5) Maintain and make available for
inspection payroll records, as set forth in Labor Code Section
1776;
(6) Pay workers overtime pay, as set forth in
Labor Code Section
1815 or as
provided in the collective bargaining agreement adopted by the Director as set
forth in Section
16200 (a) (3) of
these regulations; and
(7) Comply
with Section
16101 of these regulations
regarding discrimination.
(8) Be
subject to provisions of Labor Code Section
1777.7 which
specifies the penalties imposed on a contractor who willfully fails to comply
with provisions of Section 1777.5.
(9) Comply with those requirements as
specified in Labor Code Sections
1810 and
1813.
(10) Comply with other requirements imposed
by law.
1.
Amendment of subsection (b)(2)(B) filed 2-20-92; operative 3-23-92 (Register
92, No. 13).
Note: Authority cited: Section 1773.5, Labor Code.
Reference: Sections
1720, 1720.2, 1720.3,
1726,
1727,
1728,
1729, 1770, 1771, 1773, 1773.2,
1773.3, 1773.4, 1773.5, 1774, 1775, 1776, 1777.5, 1777.7, 1778, 1779,
1810,
1811,
1812,
1813, 1815, 1860 and 1861, Labor
Code.
