reglab/housing_qa huggingface dataset:
CA Labor Code § 1743 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 1 - Scope and Operation|Section 1743.

1743.  (a) The contractor and subcontractor shall be jointly and severally liable for all amounts due pursuant to a final order under this chapter or a judgment thereon. The Labor Commissioner shall first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor.(b) From the amount collected, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers.(c) Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7. Penalties shall be paid into the General Fund.(d) A final order under this chapter or a judgment thereon shall be binding, with respect to the amount found to be due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. The limitations period of any action on a payment bond shall be tolled pending a final order that is no longer subject to judicial review.(Added by Stats. 2000, Ch. 954, Sec. 14. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
CA Labor Code § 1770 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1770.

1770.  The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773, and the director’s determination in the matter shall be final except as provided in Section 1773.4. Nothing in this article, however, shall prohibit the payment of more than the general prevailing rate of wages to any worker employed on public work. This chapter does not permit any overtime work in violation of Article 3.(Amended by Stats. 2017, Ch. 28, Sec. 17. (SB 96) Effective June 27, 2017.)
CA Labor Code § 1771 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1771.

1771.  Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.(Amended by Stats. 1981, Ch. 449, Sec. 1.)
CA Labor Code § 1771.2 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1771.2.

1771.2.  (a) A joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) may bring an action in any court of competent jurisdiction against an employer that fails to pay the prevailing wage to its employees, as required by this article, or that fails to provide payroll records as required by Section 1776. This action shall be commenced not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last.(b) (1) In an action brought pursuant to this section, the court shall award restitution to an employee for unpaid wages, plus interest, under Section 3289 of the Civil Code from the date that the wages became due and payable, and liquidated damages equal to the amount of unpaid wages owed, and may impose civil penalties, only against an employer that failed to pay the prevailing wage to its employees, in accordance with Section 1775, injunctive relief, or any other appropriate form of equitable relief. The court shall follow the same standards and have the same discretion in setting the amount of penalties as are provided by subdivision (a) of Section 1775. The court shall award a prevailing joint labor-management committee its reasonable attorney’s fees and costs incurred in maintaining the action, including expert witness fees.(2) An action pursuant to this section shall not be based on the employer’s misclassification of the craft of a worker in its certified payroll records.(3) Liquidated damages shall be awarded only if the complaint alleges with specificity the wages due and unpaid to the individual workers, including how that amount was calculated, and the defendant fails to pay the wages, deposit that amount with the court to be held in escrow, or provide proof to the court of an adequate surety bond to cover the wages, within 60 days of service of the complaint. Liquidated damages shall be awarded only on the wages found to be due and unpaid. Additionally, if the defendant demonstrates to the satisfaction of the court that the defendant had substantial grounds for contesting that a portion of the allegedly unpaid wages were owed, the court may exercise its discretion to waive the payment of the liquidated damages with respect to that portion of the unpaid wages.(4) This subdivision does not limit any other available remedies for a violation of this chapter.(Amended by Stats. 2018, Ch. 682, Sec. 1. (AB 3231) Effective January 1, 2019.)
CA Labor Code § 1771.3 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1771.3.

1771.3.  (a) The State Public Works Enforcement Fund is hereby created as a special fund in the State Treasury to be available upon appropriation of the Legislature. All registration fees collected pursuant to Section 1725.5 and any other moneys as are designated by statute or order shall be deposited in the fund for the purposes specified in subdivision (b).(b) Moneys in the State Public Works Enforcement Fund shall be used only for the following purposes:(1) The reasonable costs of administering the registration of contractors and subcontractors to perform public work pursuant to Section 1725.5.(2) The costs and obligations associated with the administration and enforcement of the requirements of this chapter by the Department of Industrial Relations.(3) The monitoring and enforcement of any requirement of this code by the Labor Commissioner on a public works project or in connection with the performance of public work as defined pursuant to this chapter.(c) The annual contractor registration renewal fee specified in subdivision (a) of Section 1725.5, and any adjusted application or renewal fee, shall be set in amounts that are sufficient to support the annual appropriation approved by the Legislature for the State Public Works Enforcement Fund and not result in a fund balance greater than 25 percent of the appropriation. Any year-end balance in the fund greater than 25 percent of the appropriation shall be applied as a credit when determining any fee adjustments for the subsequent fiscal year.(d) To provide adequate cashflow for the purposes specified in subdivision (b), the Director of Finance, with the concurrence of the Secretary of the Labor and Workforce Development Agency, may approve a short-term loan each fiscal year from the Labor Enforcement and Compliance Fund to the State Public Works Enforcement Fund.(1) The maximum amount of the annual loan allowable may be up to, but shall not exceed 50 percent of the appropriation authority of the State Public Works Enforcement Fund in the same year in which the loan was made.(2) For the purposes of this section, a “short-term loan” is a transfer that is made subject to both of the following conditions:(A) Any amount loaned is to be repaid in full during the same fiscal year in which the loan was made, except that repayment may be delayed until a date not more than 30 days after the date of enactment of the annual Budget Act for the subsequent fiscal year.(B) Loans shall be repaid whenever the funds are needed to meet cash expenditure needs in the loaning fund or account.(Amended by Stats. 2017, Ch. 28, Sec. 19. (SB 96) Effective June 27, 2017.)
CA Labor Code § 1771.5 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1771.5.

1771.5.  (a) Notwithstanding Section 1771, an awarding body may choose not to require the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime work for any public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work, if the awarding body has elected to initiate and has been approved by the Director of Industrial Relations to enforce a labor compliance program pursuant to subdivision (b) for every public works project under the authority of the awarding body.(b) For purposes of this section, a labor compliance program shall include, but not be limited to, the following requirements:(1) All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter.(2) A prejob conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract.(3) Project contractors and subcontractors shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury.(4) The awarding body shall review, and, if appropriate, audit payroll records to verify compliance with this chapter.(5) The awarding body shall withhold contract payments when payroll records are delinquent or inadequate.(6) The awarding body shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.(7) The awarding body shall comply with any other prevailing wage monitoring and enforcement activities that are required to be conducted by labor compliance programs by the Department of Industrial Relations.(c) For purposes of this chapter, “labor compliance program” means a labor compliance program that is approved, as specified in state regulations, by the Director of Industrial Relations.(d) For purposes of this chapter, the Director of Industrial Relations may revoke the approval of a labor compliance program in the manner specified in state regulations.(Amended by Stats. 2014, Ch. 28, Sec. 67. (SB 854) Effective June 20, 2014.)
CA Labor Code § 1771.6 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1771.6.

1771.6.  (a) Any awarding body that enforces this chapter in accordance with Section 1726 or 1771.5 shall provide notice of the withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments.The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body.(b) The withholding of contract payments in accordance with Section 1726 or 1771.5 shall be reviewable under Section 1742 in the same manner as if the notice of the withholding was a civil penalty order of the Labor Commissioner under this chapter. If review is requested, the Labor Commissioner may intervene to represent the awarding body.(c) Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the awarding body shall not disburse any contract payments withheld.(d) From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers.(e) Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7. Penalties shall be paid into the General Fund of the awarding body that has enforced this chapter pursuant to Section 1771.5.(Repealed and added by Stats. 2000, Ch. 954, Sec. 16. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
CA Labor Code § 1772 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1772.

1772.  Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work.(Amended by Stats. 1992, Ch. 1342, Sec. 7. Effective January 1, 1993.)
CA Labor Code § 1773 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.

1773.  The body awarding any contract for public work, or otherwise undertaking any public work, shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. The holidays upon which those rates shall be paid need not be specified by the awarding body, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code.In determining the rates, the Director of Industrial Relations shall ascertain and consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, within the locality and in the nearest labor market area. Where the rates do not constitute the rates actually prevailing in the locality, the director shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification, or type of work involved. The rate fixed for each craft, classification, or type of work shall be not less than the prevailing rate paid in the craft, classification, or type of work.If the director determines that the rate of prevailing wage for any craft, classification, or type of worker is the rate established by a collective bargaining agreement, the director may adopt that rate by reference as provided for in the collective bargaining agreement and that determination shall be effective for the life of the agreement or until the director determines that another rate should be adopted.(Amended by Stats. 1999, Ch. 30, Sec. 1. Effective January 1, 2000.)
CA Labor Code § 1773.2 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.2.

1773.2.  The body awarding any contract for public work, or otherwise undertaking any public work, shall specify in the call for bids for the contract, and in the bid specifications and in the contract itself, what the general rate of per diem wages is for each craft, classification, or type of worker needed to execute the contract.In lieu of specifying the rate of wages in the call for bids, and in the bid specifications and in the contract itself, the awarding body may, in the call for bids, bid specifications, and contract, include a statement that copies of the prevailing rate of per diem wages are on file at its principal office, which shall be made available to any interested party on request. The awarding body shall also cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site.(Amended by Stats. 1992, Ch. 1342, Sec. 8. Effective January 1, 1993.)
CA Labor Code § 1773.4 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.4.

1773.4.  Any prospective bidder or his representative, any representative of any craft, classification or type of workman involved, or the awarding body may, within 20 days after commencement of advertising of the call for bids by the awarding body, file with the Director of Industrial Relations a verified petition to review the determination of any such rate or rates upon the ground that they have not been determined in accordance with the provision of Section 1773 of this code. Within two days thereafter, a copy of such petition shall be filed with the awarding body. The petition shall set forth the facts upon which it is based. The Director of Industrial Relations or his authorized representative shall, upon notice to the petitioner, the awarding body and such other persons as he deems proper, including the recognized collective bargaining representatives for the particular crafts, classifications or types of work involved, institute an investigation or hold a hearing. Within 20 days after the filing of such petition, or within such longer period as agreed upon by the director, the awarding body, and all the interested parties, he shall make a determination and transmit the same in writing to the awarding body and to the interested parties.Such determination shall be final and shall be the determination of the awarding body. Upon receipt by it of the notice of the filing of such petition the body awarding the contract or authorizing the public work shall extend the closing date for the submission of bids or the starting of work until five days after the determination of the general prevailing rates of per diem wages pursuant to this section.Upon the filing of any such petition, notice thereof shall be set forth in the next and all subsequent publications by the awarding body of the call for bids. No other notice need be given to bidders by the awarding body by publication or otherwise. The determination of the director shall be included in the contract.(Amended by Stats. 1969, Ch. 301.)
CA Labor Code § 1773.5 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.5.

1773.5.  (a) The Director of Industrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including, but not limited to, the responsibilities and duties of awarding bodies under this chapter.(b) When a request is made to the director for a determination of whether a specific project or type of work awarded or undertaken by a political subdivision is a public work, he or she shall make that determination within 60 days receipt of the last notice of support or opposition from any interested party relating to that project or type of work that was not unreasonably delayed, as determined by the director. If the director deems that the complexity of the request requires additional time to make that determination, the director may have up to an additional 60 days if he or she certifies in writing to the requestor, and any interested party, the reasons for the extension. If the requestor is not a political subdivision, the requester shall, within 15 days of the request, serve a copy of the request upon the political subdivision, in which event the political subdivision shall, within 30 days of its receipt, advise the director of its position regarding the request. For projects or types of work that are otherwise private development projects receiving public funds, as specified in subdivision (b) of Section 1720, the director shall determine whether a specific project or type of work is a public work within 120 days of receipt of the last notice of support or opposition relating to that project or type of work from any interested party that was not unreasonably delayed, as determined by the director.(c) If an administrative appeal of the director’s determination is made, it shall be made within 30 days of the date of the determination. The director shall issue a determination on the administrative appeal within 120 days after receipt of the last notice of support or opposition relating to that appeal from any interested party that was not unreasonably delayed, as determined by the director. The director may have up to an additional 60 days if he or she certifies in writing to the party requesting the appeal the reason for the extension.(d) The director shall have quasi-legislative authority to determine coverage of projects or types of work under the prevailing wage laws of this chapter. A final determination on any administrative appeal is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. These determinations, and any determinations relating to the general prevailing rate of per diem wages and the general prevailing rate for holiday, shift rate, and overtime work, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(Amended by Stats. 2013, Ch. 780, Sec. 3. (SB 377) Effective January 1, 2014.)
CA Labor Code § 1773.6 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.6.

1773.6.  If during any quarterly period the Director of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality he or she shall make such change available to the awarding body and his or her determination shall be final. Such determination by the Director of Industrial Relations shall not be effective as to any contract for which the notice to bidders has been published.(Amended by Stats. 2017, Ch. 28, Sec. 22. (SB 96) Effective June 27, 2017.)
CA Labor Code § 1773.7 (2021)
2021 California Code|Labor Code - LAB|DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION|PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES|CHAPTER 1 - Public Works|ARTICLE 2 - Wages|Section 1773.7.

1773.7.  The provisions of Section 11250 of the Government Code shall not be applicable to Sections 1773, 1773.4, and 1773.6.(Repealed and added by Stats. 1976, Ch. 281.)