California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 8 - Office of the Director
Subchapter 4 - Labor Compliance Programs
Article 5 - Enforcement
Appendix D - Request for Approval of Forfeiture - Suggested Format
1. AWARDING BODY / THIRD PARTY LCP:
| Name and Contact Information: | Date of Request: |
| Name and Contact Information for Awarding Body if different from LCP: | LCP Approval Status (specify if either interim or temporary or if LCP has extended authority): |
2. PROJECT INFORMATION:
| Project Name: | Contract Number: |
| Project Location: |
| Bid Advertisement Dates: | Estimated Date Project is to be completed: |
| Acceptance Date of Project by the Awarding Body: | Notice of Completion/Date Recorded with County Recorder: |
| Other Relevant Deadline (specify): | Amount being held in Retention: |
3. CONTRACTOR INFORMATION:
| Name and address of Affected Contractor: | Name and address of Affected Subcontractor: |
| General Description of Scope of Work of the Entire Project: | |
| General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): | |
4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS:
| Total Amount of Request for Notice of Withholding of Contract Payments: | |||
| Wages Due: | Training Funds Due: | Total Penalties Due: | Potential Liquidated Damages [Wages + Training Funds]: |
| LC 1775 Penalties Due: | LC 1813 Penalties Due: | LC 1776 Penalties Due: | Other: |
[Provide narrative summaries covering the following]:
A. Statement of Issues.
B. Investigative Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.).
C. Audit Report (detailed explanation of how audit was completed addressing each of the issues above).
D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations; summary of their response with respect to violations and penalty issues; and any other information considered in determining recommended penalties).
E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s).
ATTACHMENTS
1. Audit Summary (Appendix B)
2. 1st Bid Advertisement Publication
3. Notice of Completion
4. Scope of Work
5. Complaint form(s) and Declarations, if any
___________________________
Send the Request and all Attachments to:
DIVISION OF LABOR STANDARDS ENFORCEMENT
BUREAU OF FIELD ENFORCEMENT
ATTN.: REGIONAL MANAGER
300 OCEANGATE BLVD., NO. 850
LONG BEACH, CA 90802
COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT.
