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 3 - Duties, Responsibilities, and Rights of Parties › Section 16100 - Duties, Responsibilities and Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties listed in this section must comply with the
						provisions of the Labor Code applicable to the payment of prevailing wages on
						public works contracts.
(a) Department
					 and Division Authority in Prevailing Wage Issues. The Director shall establish
					 and coordinate the administration of the State's prevailing wage law, including
					 the determination of coverage issues. The lead agency for the determination of
					 prevailing wage rates shall be the Division of Labor Statistics and Research.
					 The lead agency for the enforcement of the payment of prevailing wages is the
					 Division of Labor Standards Enforcement. The lead agency for the coordination
					 on apprenticeship is the Division of Apprenticeship Standards. This section
					 shall not be construed to preclude any filing requirements with DLSR of
					 appropriate agreements or petitions regarding determinations or any other
					 documents, papers, books, etc. otherwise required by the law or these
					 regulations.
(b) The Awarding Body
					 shall:
(1) Obtain the prevailing wage rate
					 from the Director in accordance with Labor Code Sections
					 1771 and
					 1773.
(2) Specify the appropriate prevailing wage
					 rates, in accordance with Labor Code Sections
					 1773.2 and
					 1777.5.
(A) The posting requirement is applicable for
					 each job site.
EXCEPTION: If more than one worksite exists on any
						project, then the applicable rates may be posted at a single location which is
						readily available to all workers.
(B) If a wage rate for a craft,
					 classification or type of worker is not published in the Director's general
					 prevailing wage determinations, a request for a special determination should be
					 made by the awarding body to Chief, Division of Labor Statistics and Research,
					 P.O. Box 420603, San Francisco, CA 94142, at least 45 days prior to the project
					 bid advertisement date.
(3) Notify DAS. See Labor Code Section
					 1773.3.
(4) Inform prime contractors, to the extent
					 feasible, of relevant public work requirements:
NOTE: Requirement information may be disseminated at a
						preacceptance of bid conference or in a call for bids or at an award of bid
						conference.
The public works requirements are:
(A) the appropriate number of apprentices are
					 on the job site, as set forth in Labor Code Section
					 1777.5.
(B) worker's compensation coverage, as set
					 forth in Labor Code Sections
					 1860 and
					 1861.
(C) keep accurate records of the work
					 performed on the public works project, as set forth in Labor Code Section
					 1812.
(D) inspection of payroll records pursuant to
					 Labor Code Section
					 1776, and as
					 set forth in Section
					 16400 (e) of these
					 regulations.
(E) and other
					 requirements imposed by law.
(5) Withhold monies. See Labor Code Section
					 1727.
(6) Ensure that public works projects are not
					 split or separated into smaller work orders or projects for the purpose of
					 evading the applicable provisions of Labor Code Section
					 1771.
(7) Deny the right to bid on public work
					 contracts to contractors or subcontractors who have violated public work laws,
					 as set forth in Labor Code Section
					 1777.7.
(8) Not permit workers on public works to
					 work more than eight hours a day or 40 hours in any one calendar week, unless
					 compensated at not less than time and a half as set forth in Labor Code Section
					 1815.
EXCEPTION: If the prevailing wage determination requires
						a higher rate of pay for overtime work than is required under Labor Code
						Section
						1815, then that
						higher overtime rate must be paid [, as specified in subsection
						16200(a)(3)(F) of
						these regulations.]
(9) Not
					 take or receive any portion of the workers' wages or accept a fee in connection
					 with a public works project, as set forth in Labor Code Sections
					 1778 and
					 1779.
(10) Comply with those requirements as
					 specified in Labor Code Sections
					 1776(g),
					 1777.5,
					 1810,
					 1813, and
					 1860.