reglab/statecodes huggingface dataset:
2023 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 1741.

1741. (a) If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter, the Labor Commissioner shall with reasonable promptness issue a civil wage and penalty assessment to the contractor or subcontractor, or both. The assessment shall be in writing, shall describe the nature of the violation and the amount of wages, penalties, and forfeitures due, and shall include the basis for the assessment. The assessment shall be served 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. Service of the assessment shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor, subcontractor, and awarding body. The assessment shall advise the contractor and subcontractor of the procedure for obtaining review of the assessment. The Labor Commissioner shall, to the extent practicable, ascertain the identity of any bonding company issuing a bond that secures the payment of wages covered by the assessment and any surety on a bond, and shall serve a copy of the assessment by certified mail to the bonding company or surety at the same time service is made to the contractor, subcontractor, and awarding body. However, no bonding company or surety shall be relieved of its responsibilities because it failed to receive notice from the Labor Commissioner.
(b) Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue from the date that the wages were due and payable, as provided in Part 7 (commencing with Section 1720) of Division 2, until the wages are paid.
(c) (1) The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order, which is no longer subject to judicial review, has been issued.
(2) The list shall include the date of each assessment, the amount of wages and penalties assessed, and the amount collected.
(3) The list shall be updated at least quarterly, and the contractor’s or subcontractor’s name shall remain on that list until the assessment is satisfied, or for a period of three years beginning from the date of the issuance of the assessment, whichever is later.
(Amended by Stats. 2013, Ch. 792, Sec. 1. (AB 1336) Effective January 1, 2014.)
2023 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 1741.1.

1741.1. (a) The period for service of assessments shall be tolled for the period of time required by the Director of Industrial Relations to determine whether a project is a public work, including a determination on administrative appeal, if applicable, pursuant to subdivisions (b) and (c) of Section 1773.5. The period for service of assessments shall also be tolled for the period of time that a contractor or subcontractor fails to provide in a timely manner certified payroll records pursuant to a request from the Labor Commissioner or a joint labor-management committee under Section 1776, or an approved labor compliance program under Section 1771.5 or 1771.7.
(b) (1) The body awarding the contract for a public work shall furnish, within 10 days after receipt of a written request from the Labor Commissioner, a copy of the valid notice of completion for the public work filed in the office of the county recorder, or a document evidencing the awarding body’s acceptance of the public work on a particular date, whichever occurs later, by first-class mail addressed to the office of the Labor Commissioner that is listed on the written request. If, at the time of receipt of the Labor Commissioner’s written request, a valid notice of completion has not been filed by the awarding body in the office of the county recorder and there is no document evidencing the awarding body’s acceptance of the public work on a particular date, the awarding body shall so notify the office of the Labor Commissioner that is listed on the written request. Thereafter, the awarding body shall furnish copies of the applicable document within 10 days after filing a valid notice of completion with the county recorder’s office, or within 10 days of the awarding body’s acceptance of the public work on a particular date.
(2) If the awarding body fails to timely furnish the Labor Commissioner with the documents identified in paragraph (1), the period for service of assessments under Section 1741 shall be tolled until the Labor Commissioner’s actual receipt of the valid notice of completion for the public work or a document evidencing the awarding body’s acceptance of the public work on a particular date.
(c) The tolling provisions in this section shall also apply to the period of time for commencing an action brought by a joint labor-management committee pursuant to Section 1771.2.
(Amended by Stats. 2015, Ch. 303, Sec. 377. (AB 731) Effective January 1, 2016.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 1773.8.

1773.8. An increased employer payment contribution that results in a lower taxable wage shall not be considered a violation of the applicable prevailing wage determination so long as all of the following conditions are met:
(a) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement.
(b) The increased employer payment and hourly straight time and overtime wage combined are no less than the general prevailing rate of per diem wages.
(c) The employer payment contribution is irrevocable unless made in error.
(Added by Stats. 2012, Ch. 827, Sec. 2. (AB 2677) Effective January 1, 2013.)
2023 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 1773.11.

1773.11. (a) Notwithstanding any other provision of law and except as otherwise provided by this section, if the state or a political subdivision thereof agrees by contract with a private entity that the private entity’s employees receive, in performing that contract, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, the director shall, upon a request by the state or the political subdivision, do both of the following:
(1) Determine, as otherwise provided by law, the wage rates for each craft, classification, or type of worker that are needed to execute the contract.
(2) Provide these wage rates to the state or political subdivision that requests them.
(b) This section does not apply to a contract for a public work, as defined in this chapter.
(c) The director shall determine and provide the wage rates described in this section in the order in which the requests for these wage rates were received and regardless of the calendar year in which they were received. If there are more than 20 pending requests in a calendar year, the director shall respond only to the first 20 requests in the order in which they were received. If the director determines that funding is available in any calendar year to determine and provide these wage rates in response to more than 20 requests, the director shall respond to these requests in a manner consistent with this subdivision.
(Added by Stats. 2003, Ch. 343, Sec. 1. Effective January 1, 2004.)
2023 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 1774.

1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract.
(Enacted by Stats. 1937, Ch. 90.)
2023 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 1777.

1777. Any officer, agent, or representative of the State or of any political subdivision who wilfully violates any provision of this article, and any contractor, or subcontractor, or agent or representative thereof, doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
2023 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 1777.6.

1777.6. An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as provided in Section 3077 of this code and Section 12940 of the Government Code.
(Amended by Stats. 2004, Ch. 788, Sec. 15. Effective January 1, 2005.)
2023 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 1778.

1778. Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives, or conspires with another to take or receive, for his or her own use or the use of any other person any portion of the wages of any worker or working subcontractor, in connection with services rendered upon any public work is guilty of a felony.
(Amended by Stats. 2017, Ch. 28, Sec. 23. (SB 96) Effective June 27, 2017.)
2023 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 1779.

1779. Any person or agent or officer thereof who charges, collects, or attempts to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person for public work, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in public work, whether the person is to work directly for the State, or any political subdivision or for a contractor or subcontractor doing public work is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
2023 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 1780.

1780. Any person acting on behalf of the State or any political subdivision, or any contractor or subcontractor or agent or representative thereof, doing any public work who places any order for the employment of a worker on public work where the filling of the order for employment involves the charging of a fee, or the receiving of a valuable consideration from any applicant for employment is guilty of a misdemeanor.
(Amended by Stats. 2017, Ch. 28, Sec. 24. (SB 96) Effective June 27, 2017.)
2023 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 1785.

1785. (a) The director shall establish and maintain a strategic enforcement unit focused on construction, alteration, and repair projects. The unit shall enhance the department’s enforcement of this code in construction, alteration, and repair projects, including projects funded pursuant to Section 50675.1.3 of the Health and Safety Code and other publicly funded residential construction projects. The unit shall have primary responsibility for enforcement of this code in construction projects subject to Section 50675.1.3 of the Health and Safety Code. Any funds appropriated to the department for purposes of this section shall be administered and allocated by the director.
(b) The strategic enforcement unit described in subdivision (a) shall provide technical assistance to local public entities related to both of the following:
(1) Best practices for monitoring and enforcing requirements pertaining to construction, alteration, and repair projects paid for in whole or in part out of public funds, including, but not limited to, this chapter.
(2) Outreach and engagement with workers, employers, and state certified apprenticeship programs connected to construction, alteration, and repair projects.
(Added by Stats. 2021, Ch. 111, Sec. 26. (AB 140) Effective July 19, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1810.

1810. Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1811.

1811. The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as hereinafter provided for under Section 1815.
(Amended by Stats. 2017, Ch. 28, Sec. 25. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1812.

1812. Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement.
(Amended by Stats. 1988, Ch. 160, Sec. 123.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1813.

1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement.
(Amended (as added by Stats. 1997, Ch. 757, Sec. 6) by Stats. 2002, Ch. 28, Sec. 3. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1814.

1814. Any officer, agent, or representative of the State or any political subdivision who violates any provision of this article and any contractor or subcontractor or agent or representative thereof doing public work who neglects to comply with any provision of Section 1812 is guilty of a misdemeanor.
(Added by renumbering Section 1816 by Stats. 1961, Ch. 238.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 3 - Working Hours › Section 1815.

1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1
1
/
2
times the basic rate of pay.
(Amended by Stats. 1963, Ch. 964.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 5 - Securing Workers Compensation › Section 1860.

1860. The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700, every contractor will be required to secure the payment of compensation to his or her employees.
(Amended by Stats. 2017, Ch. 28, Sec. 26. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 5 - Securing Workers Compensation › Section 1861.

1861. Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 2 - Public Agencies › ARTICLE 1 - Municipal Employees › Section 1900.

1900. Every employee of a city whose hours of labor exceed 120 in a week is entitled to be off duty at least three hours during every twenty-four hours for the purpose of procuring meals. No deduction of salary shall be made by reason thereof.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 2 - Public Agencies › ARTICLE 1 - Municipal Employees › Section 1901.

1901. Any officer or agent of a city having supervision and control of employees covered by this article who violates any provision hereof is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 4 - Firefighters › Section 1960.

1960. Neither the State nor any county, political subdivision, incorporated city, town, nor any other municipal corporation shall prohibit, deny or obstruct the right of firefighters to join any bona fide labor organization of their own choice.
(Added by Stats. 1959, Ch. 723.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 4 - Firefighters › Section 1961.

1961. As used in this chapter, the term “employees” means the employees of the fire departments and fire services of the State, counties, cities, cities and counties, districts, and other political subdivisions of the State.
(Added by Stats. 1959, Ch. 723.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 4 - Firefighters › Section 1962.

1962. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to present grievances and recommendations regarding wages, salaries, hours, and working conditions to the governing body, and to discuss the same with such governing body, through such an organization, but shall not have the right to strike, or to recognize a picket line of a labor organization while in the course of the performance of their official duties.
(Added by Stats. 1959, Ch. 723.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 4 - Firefighters › Section 1963.

1963. The enactment of this chapter shall not be construed as making the provisions of Section 923 of this code applicable to public employees.
(Added by Stats. 1959, Ch. 723.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8 - UNEMPLOYMENT RELIEF › CHAPTER 1 - Extension of Public Works › Section 2011.

2011. The Department of Finance shall ascertain and secure from the several State agencies tentative plans for the extension of public works which are best adapted to supply increased opportunities for advantageous public labor during periods of temporary unemployment. Such plans shall include estimates of the amount, character, and duration of employment, the number of employees who could be profitably employed therein, together with rates of wages and other information which the Department of Finance deems necessary.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8 - UNEMPLOYMENT RELIEF › CHAPTER 1 - Extension of Public Works › Section 2012.

2012. The department shall keep constantly advised of industrial conditions throughout the State as affecting the employment of labor. Whenever the Governor represents or the division has reason to believe, that a period of extraordinary unemployment caused by industrial depression exists in the state, it shall immediately hold an inquiry into the facts relating thereto, and report to the Governor whether, in fact, such condition exists.
(Amended by Stats. 2012, Ch. 46, Sec. 97. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8 - UNEMPLOYMENT RELIEF › CHAPTER 1 - Extension of Public Works › Section 2013.

2013. If the department reports to the Governor that a condition of extraordinary unemployment caused by industrial depression does exist within this state, the Department of Finance may apportion the available Emergency Fund among the several state agencies for the extension of the public works of the state under the charge or direction thereof, in the manner which the Department of Finance believes to be best adapted to advance the public interest by providing the maximum of public employment consistent with the most useful, permanent, and economic extension of public works.
(Amended by Stats. 2012, Ch. 46, Sec. 98. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8 - UNEMPLOYMENT RELIEF › CHAPTER 1 - Extension of Public Works › Section 2014.

2014. The Department of Employment Development immediately upon the publication of a finding under this chapter that a period of extraordinary unemployment due to industrial depression exists throughout this state shall prepare approved lists of applicants for public employment, secure full information as to their industrial qualifications, and shall submit the same to the Department of Finance for transmission to the state agencies which avail themselves of the provisions of this chapter.
(Amended by Stats. 1973, Ch. 1207.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8.5 - CAR WASHES › CHAPTER 1 - General Provisions › Section 2050.

2050. The enactment of this part is an exercise of the police power of the State of California for the protection for the public welfare, prosperity, health, safety, and peace of its people. The civil penalties provided by this chapter are in addition to any other penalty provided by law.
(Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 8.5 - CAR WASHES › CHAPTER 1 - General Provisions › Section 2051.

2051. As used in this part:
(a) “Car washing and polishing” means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. “Car washing and polishing” does not include motor vehicle repair, as defined in Section 9880.1 of the Business and Professions Code.
(b) (1) “Employer” means any individual, partnership, corporation, limited liability company, joint venture, or association engaged in the business of car washing and polishing that engages any other individual in providing those services.
(2) “Employer” does not include any charitable, youth, service, veteran, or sports group, club, or association that conducts car washing and polishing on an intermittent basis to raise funds for charitable, education, or religious purposes. “Employer” does not include any licensed vehicle dealer or car rental agency that conducts car washing and polishing ancillary to its primary business of selling, leasing, or servicing vehicles. “Employer” does not include either a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, that is primarily engaged in the business of selling, leasing, renting, or servicing vehicles or an automotive repair dealer, as defined by subdivision (a) of Section 9880.1 of the Business and Professions Code, who is primarily engaged in the business of repairing and diagnosing malfunctions of motor vehicles. “Employer” does not include any self-service car wash or automated car wash that has employees for cashiering or maintenance purposes only.
(c) “Employee” means any person, including a minor or a person who is not a citizen or national of the United States, who renders actual car washing and polishing services in any business for an employer, whether for tips or for wages, and whether wages are calculated by time, piece, task, commission, or other method of calculation, and whether the services are rendered on a commission, concessionaire, or other basis.
(d) “Commissioner” means the Labor Commissioner.
(Amended by Stats. 2021, Ch. 296, Sec. 39. (AB 1096) Effective January 1, 2022.)