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 1 - Operation of Labor Compliance Program and Contracts Subject to Labor Compliance Program Jurisdiction › Section 16423 - Approved Labor Compliance Program Required by Statute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever an Awarding Body either is
					 required by statute to enforce or contract to enforce a Labor Compliance
					 Program that contains or meets the requirements of Labor Code section
					 1771.5, or has
					 electd to enforce such a program, the Awarding Body must have its own program
					 that has been approved by the Director pursuant to these regulations.
(b) The governing board of any Awarding Body
					 that is required to enforce a Labor Compliance Program under subpart (a) above
					 shall make a written finding that the Awarding Body has established its own
					 Labor Compliance Program in accordance with the requirements of Labor Code
					 Section
					 1771.5(b)
					 and this subchapter. Copies of this finding together with notice of whether or
					 not the Awarding Body intends to initiate and enforce its Labor Compliance
					 Program for (1) all public works projects under the authority of the Awarding
					 Body, or (2) only those public works projects under the authority of the
					 Awarding Body that are subject to the provisions of Article 1 of Subchapter 4.5
					 (beginning with section
					 16450) below shall be provided
					 promptly to the Director and prior to certifying to any other entity that the
					 Awarding Body has complied with the statutory requirement to have a Labor
					 Compliance Program.
(c) For
					 purposes of these regulations, an approved program refers to the entity that
					 has applied for and received approval by the Director pursuant to these
					 regulations and not to that entity's manual or methodology for conducting labor
					 compliance enforcement.
(d) Unless
					 otherwise required by statute, an Awarding Body is not required to have
					 separate Labor Compliance Programs or separate approvals from the Director for
					 different types of projects or funding sources, provided that (1) the Awarding
					 Body has provided all notices required by subpart (b) above, (2) the Labor
					 Compliance Program has timely filed all reports required by this subchapter,
					 and (3) the Director has not otherwise limited the approved scope of operation
					 for the Labor Compliance Program.
(e) The limited exemption from payment of
					 prevailing wages provided by Labor Code Section
					 1771.5(a)
					 and section
					 16433 below shall
not
apply unless the Awarding Body either (1) elects to
					 initiate and enforces a Labor Compliance Program for every public works project
					 under the authority of the Awarding Body; or (2) elects to reimburse the
					 Department of Industrial Relations for compliance monitoring and enforcement
					 and complies with the requirements of Labor Code Section
					 1771.5(f)
					 for every public works project under its authority.
(f) A list of statutes that require Awarding
					 Bodies to have a Labor Compliance Program as a condition of project
					 authorization, project funding, or use of specified contracting authority shall
					 be maintained on the Department of Industrial Relations' website.
1. New
						section filed 10-19-2004; operative 11-18-2004 (Register 2004, No.
						43).
2. Amendment of section heading, section and NOTE filed
						12-22-2008; operative 1-21-2009 (Register 2008, No. 52).
3.
						Amendment of subsections (a) and (b)(1)-(2) and new subsection (b)(3) filed
						6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
4. Amendment of subsections (a) and
						(b)(1)-(2) and repealer of subsection (b)(3) filed 11-4-2010 as an emergency;
						operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must
						be transmitted to OAL by 5-3-2011 or emergency language will be repealed by
						operation of law on the following day.
5. Amendment of subsections
						(a) and (b)(1)-(2) and repealer of subsection (b)(3) refiled 5-2-2011 as an
						emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of
						Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be
						repealed by operation of law on the following day.
6. Amendment of
						subsections (a) and (b)(1)-(2) refiled 8-1-2011 as an emergency; operative
						8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011
						or emergency language will be repealed by operation of law on the following day
						(Register 2011, No. 31).
7. Certificate of Compliance as to 8-1-2011
						order, including further amendment of section, transmitted to OAL 10-28-2011
						and filed 12-7-2011; operative 1-1-2012 (Register 2011, No.
						49).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1771.5, Labor
						  Code.