California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 3 - Payment of Prevailing Wages upon Public Works › Article 1 - Definitions › Section 16000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms are defined for general use in these
						regulations within Group 3, Payment of Prevailing Wages Upon Public Works and
						Group 4, Awarding Body Labor Compliance Programs:
Area of Determination. The area of determining the
						prevailing wage is the "locality" and/or the "nearest labor market area" as
						determined by the Director. In determining the area, the mobility of each
						craft, classification and type of work will be considered.
Awarding body. Any state or local government agency,
						department, board, commission, bureau, district, office, authority, political
						subdivision, regional district officer, employee, or agent awarding/letting a
						contract/purchase order for public works.
Bid. Any proposal submitted to an awarding body in
						competitive bidding for the construction, alteration, demolition, repair,
						maintenance, or improvement of any structure, building, road, property, or
						other improvement of any kind.
Certified. The affirmation of a person with the authority
						to so affirm, under the penalty of perjury that the records are originals or
						are full, true and correct copies of the original and depict truly, fully and
						correctly the craft or type of work performed, hours and days worked, and the
						amounts by category listed, disbursed by way of cash, check, or in whatever
						form or manner to each person by job classification and/or skill pursuant to a
						public works contract.
Chief of DAS. Chief of Division of Apprenticeship
						Standards or a duly authorized representative.
Chief of DLSE/Labor Commissioner. Chief of the Division
						of Labor Standards Enforcement or a duly authorized representative.
Chief of DLSR. Chief of the Division of Labor Statistics
						and Research or a duly authorized representative.
Coverage. This means being subject to the requirements of
						Part 7, Chapter 1 of the Labor Code as a "public work." This includes all
						formal coverage determinations issued by the Director of Industrial
						Relations.
DAS. Division of Apprenticeship Standards.
Date of Notice or Call for Bids. The date the first
						notice inviting bids was published in a newspaper of general circulation or
						promulgated in a legally sufficient manner which results in a contract being
						awarded with or without competitive bidding. This may also be referred to as
						the Bid Advertisement Date.
Days. Unless otherwise specified means calendar
						days.
DLSE. The Division of Labor Standards Enforcement.
DLSR. The Division of Labor Statistics and
						Research.
Director. The Director of the Department of Industrial
						Relations or his/her duly authorized representative.
Duly Authorized Representative. An employee of the
						Department of Industrial Relations.
Effective Date. The date upon which the determinations of
						the Director go into effect. This date is ten days after the issue date of the
						determination.
Employer Payments. Includes:
(1) The rate of contribution irrevocably made
					 by a contractor or subcontractor to a trustee or to a third person pursuant to
					 a fund, plan, or program for the benefit of employees, their families and
					 dependents, or retirees;
(2) The
					 rate of costs to the contractor or subcontractor which may be reasonably
					 anticipated in providing benefits to employees, their families and dependents
					 or to retirees pursuant to an enforceable commitment or agreement to carry out
					 a financially responsible plan or program which was communicated in writing to
					 the workers affected; and
(3) The
					 rate of contribution irrevocably made by the contractor or subcontractor for
					 apprenticeship or other training programs authorized by Section
					 3071 and/or 3093 of the Labor
					 Code.
Expiration Date. The date upon which the determinations
						of the Director are subject to change.
General Prevailing Rate of Per Diem Wages.
						Includes:
(1) The prevailing basic
					 straight-time hourly rate of pay; and
(2) The prevailing rate for holiday and
					 overtime work; and
(3) The
					 prevailing rate of employer payments for any or all programs or benefits for
					 employees, their families and dependents, and retirees which are of the types
					 enumerated below:
(A) medical and hospital
					 care, prescription drugs, dental care, vision care, diagnostic services, and
					 other health and welfare benefits;
(B) retirement plan benefits;
(C) vacations and holidays with pay, or cash
					 payments in lieu thereof;
(D)
					 compensation for injuries or illnesses resulting from occupational
					 activity;
(E) life, accidental
					 death and dismemberment, and disability or sickness and accident
					 insurance;
(F) supplemental
					 unemployment benefits;
(G) thrift,
					 security savings, supplemental trust, and beneficial trust funds otherwise
					 designated, provided all of the money except that used for reasonable
					 administrative expenses is returned to the employees;
(H) occupational health and safety research,
					 safety training, monitoring job hazards, and the like, as specified in the
					 applicable collective bargaining agreement;
(I) See definition of "Employer Payments,"
					 (3).
(J) other bonafide benefits
					 for employees, their families and dependents, or retirees as the Director may
					 determine; and