California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations
Article 2 - Compliance Monitoring by Labor Commissioner
Section 16460 - Establishment of Compliance Monitoring Unit
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the purposes of carrying out the specific labor compliance monitoring and enforcement responsibilities prescribed by Labor Code Section 1771.55 and the regulations in this Article, the Labor Commissioner shall establish a Compliance Monitoring Unit within the Division of Labor Standards Enforcement. The functions carried out by the Compliance Monitoring Unit shall be in addition to and shall not limit or supplant the other public works investigation and enforcement responsibilities and authority of the Labor Commissioner and the Division of Labor Standards Enforcement under any other statute or regulation.
(b) Nothing in this subchapter shall be construed as (1) limiting the responsibility and authority of an Awarding Body to take cognizance of prevailing wage violations under Labor Code Section 1726 and take any appropriate action pursuant to and in accordance with that responsibility and authority, or (2) precluding any other remedies otherwise authorized by law to remedy violations of Division 2, Part 7, Chapter 1 of the Labor Code.
(c) The failure of the Compliance Monitoring Unit, the Division of Labor Standards Enforcement, or any other part of the Department of Industrial Relations to comply with any requirement imposed by this subchapter shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Division 2, Part 7, Chapter 1 of the Labor Code.
1. New
article 2 (sections 16460-16464) and section filed 6-29-2010; operative
8-1-2010 pursuant to Government Code section
11343.4(b)
(Register 2010, No. 27).
2. Repealer of article 2 (sections
16460-16464) and section filed 11-4-2010 as an emergency; operative 11-4-2010
(Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL
by 5-3-2011 or emergency language will be repealed by operation of law on the
following day.
3. Repealer of article 2 (sections 16460-16464) and
section refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011,
No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or
emergency language will be repealed by operation of law on the following
day.
4. Repealer of article 2 (sections 16460-16464) and section
refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of
Compliance must be transmitted to OAL by 10-31-2011 or emergency language will
be repealed by operation of law on the following day (Register 2011, No.
31).
5. Reinstatement of article 2 (sections 16460-16464) and
section as they existed prior to 11-4-2010 emergency repeal by operation of
Government Code section
11346.1(f)
(Register 2011, No. 49).
Note: Authority cited: Sections 54, 55, 1771.55 and 1773.5, Labor Code. Reference: Sections 1726, 1741, 1771.2, 1771.5, 1771.55 and 1781, Labor Code.
