Loading...
HomeMy WebLinkAbout6.2 Copy of the page of the specifications or general requirements that state the apprenticeship requirements of Labor Code 1777.5SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 72 2. Employer payments for health and welfare, pension, vacation, apprenticeship training fees, travel time, and subsistence pay as provided for in Labor Code § 1773.1 3. Similar purposes The general prevailing wage rates and any applicable changes to these wage rates are available: 1. At the Department's Labor Compliance Office of the district in which the work is located 2. From the Department of Industrial Relations' website Post the general prevailing wage rates at a prominent place at the job site (Labor Code § 1773.2). The wage determinations refer to expiration dates. The determinations with a single asterisk after the expiration date, and in effect on the date of advertisement for bids, are good for the life of the Contract. The determinations with double asterisks after the expiration date indicate the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, pay the new rate and incorporate it into the Contract. Changes in general prevailing wage determinations apply to the Contract when the Director of Industrial Relations has issued them at least 10 days before advertisement. (Labor Code § 1773.6 and 8 CA Code of Regs 16204) The Department does not recognize any claim for additional payment because of a payment by the Contractor of any wage rate in excess of the prevailing wage rate specified in the Contract. The Contractor and any subcontractor must forfeit to the Department not more than $200 per day or part of a day for each worker paid less than the prevailing wage rate and pay the worker the difference between the prevailing wage rate and the rate paid (Labor Code § 1775). The Labor Commissioner determines the amount of this penalty and bases the amount on: 1. Whether the failure to pay the correct prevailing wage rate was a good-faith mistake that the Contractor or subcontractor promptly and voluntarily corrected upon notice 2. Prior record of the Contractor or subcontractor in meeting its prevailing wage obligations 3. Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for the penalties described in section 7- 1.02K(2) unless the Contractor had knowledge of the failure to pay the correct general prevailing per diem wages or unless the Contractor fails to comply with the following requirements (Labor Code § 1775): 1. The contract executed between the Contractor and the subcontractor for the performance of work on the public works project must include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Contractor must monitor the payment of the specified general prevailing rate of per diem wages by periodic review of the certified payroll records of the subcontractor. 3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor must diligently take corrective action to stop or rectify the failure, including withholding sufficient funds due the subcontractor for work performed on the public works project. 4. Before making final payment to the subcontractor for work performed on the public works project, the Contractor must obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to its employees on the public works project and any amounts due under Labor Code § 1813. Under Labor Code § 1775, the Department must notify the contractor on a public works project within 15 days of receipt by the Department of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. 7-1.02K(3) Certified Payroll Records (Labor Code § 1776) Keep accurate payroll records. Submit a copy of your certified payroll records, weekly, including those of subcontractors. Include: 1. Each employee's: SECTION 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 74 4. Be encrypted before submission. 5. Contain the following information in the subject line: 5.1. Contract number. 5.2. Week ending date as W/E mm/dd/yy. 6. Contain 1 contract number and week ending date per submission. For additional information on electronic submission of certified payroll records, go to the Department's Labor Compliance website. Make certified payroll records available for inspection at all reasonable hours at your main office on the following basis: 1. Upon the employee's request or upon request of the employee's authorized representative, make available for inspection a certified copy of the employee's payroll record. 2. Refer the public's requests for certified payroll records to the Department. Upon the public's request, the Department makes available for inspection or furnishes copies of your certified payroll records. Do not give the public access to the records at your main office. Make all payroll records available for inspection and copying or furnish a copy upon request of a representative of the: 1. Department 2. Division of Labor Standards Enforcement of the Department of Industrial Relations 3. Division of Apprenticeship Standards of the Department of Industrial Relations Furnish the Department the location of the records. Include the street address, city, and county. Furnish the Department a notification of a location and address change within 5 business days of the change. Comply with a request for the records within 10 days after you receive a written request. If you do not comply within this period, the Department withholds from progress payments a $100 penalty for each day or part of a day for each worker until you comply. You are not assessed this penalty for a subcontractor's failure to comply with Labor Code § 1776. The Department withholds from progress payments for delinquent or inadequate records (Labor Code § 1771.5). If you have not submitted an adequate record by the month's 15th day for the period ending on or before the 1st of that month, the Department withholds up to 10 percent of the monthly progress estimate, exclusive of mobilization. The Department does not withhold more than $10,000 or less than $1,000. 7-1.02K(4) Apprentices Comply with the apprentice to journeyman ratio requirements (Labor Code § 1777.5(g)). Comply with the training contribution requirements (Labor Code § 1777.5(m)(1)). For answers to questions, contact the Division of Apprenticeship Standards before starting work. The Department deducts from progress payments civil penalties assessed by the Chief of the Division of Apprenticeship Standards for violating Labor Code § 1777.5 (Labor Code § 1777.7). 7-1.02K(5) Working Hours Eight hours is a legal day's work (Labor Code § 1810). The time of service of any worker employed on public work is limited and restricted to 8 hours in 1 day and 40 hours in 1 calendar week, except as provided by Labor Code § 1815 (Labor Code § 1811). A Contractor's employee may work more than 8 hours per day and 40 hours per week if the Contractor pays the employee 1-1/2 times the basic pay rate for the hours worked in excess of 8 hours per day and 40 hours per week (Labor Code § 1815). For each worker employed in the work for each day the worker works more than 8 hours in 1 day and 40 hours in 1 calendar week without overtime pay, the Department deducts $25 as a penalty for violating Labor Code § 1815 (Labor Code § 1813).