reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15855 - Duties of Hearing Officer Following Hearing. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15855 to section
					 93055 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15860 - Exceptions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15860 to section
					 93060 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15865 - Determination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15865 to section
					 93065 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15870 - Election Procedures. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15870 to section
					 93070 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15875 - Runoff Elections. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15875 to section
					 93075 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.2 - Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the so. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority [Renumbered] › Section 15875.1 - Relevant Federal Law. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-29-83; effective thirtieth day thereafter (Register 83, No.
					 31).
2. Renumbering of former section
					 15875.1 to section
					 93080 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
Note: Authority cited and Reference: Section
						54, Labor Code;
						and Sections
						4.4,
						13.91,
						25052,
						28851,
						30751,
						40122,
						50121,
						70122,
						90300b,
						95651,
						100301,
						101344,
						102403,
						103401,
						120505
						and
						125521,
						Public Utilities Code. Additional reference: Labor Management Relations Act,
						1947, Section
						9,
						29 USC Section
						159;
						29 CFR Sections
						102.60-102.72.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.3 - Election Procedure Under San Francisco Bay Area Rapid Transit District Law [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Group
				  2.3 ( §§
										15900-15926) filed 1-5-73;
				  effective thirtieth day thereafter (Register 73, No. 1).
2. Repealer
				  of Group 2.3 (Sections
				  15900-15926) filed 7-29-83;
				  effective thirtieth day thereafter (Register 83, No. 31).
Note: Authority cited for Group 2.3: Section
					 54, Labor Code
					 and Section
					 28851,
					 Public Utilities Code.
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 2 - Work Subject to Prevailing Wages › Section 16001 - Public Works Subject to Prevailing Wage Law

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Coverage. State prevailing wage
					 rates apply to all public works contracts as set forth in Labor Code Sections
					 1720,
					 1720.2,
					 1720.3,
					 1720.4, and
					 1771.
(1) Any interested party enumerated in
					 Section 16000 of these regulations may file
					 with the Director of Industrial Relations or the Director's duly authorized
					 representative, as set forth in Section
					 16301 of these regulations, a
					 request to determine coverage under the prevailing wage laws regarding either a
					 specific project or type of work to be performed which that interested party
					 believes may be subject to or excluded from coverage as public works under the
					 Labor Code. If such a request is filed by any party other than the awarding
					 body, a copy of the request must be served upon the awarding body, in
					 accordance with the filing procedures set forth in Section
					 16302(d) of these
					 regulations, when it is filed with the Director.
(2) Within 15 days of receipt of a copy of
					 the request for a coverage determination, the awarding body shall forward to
					 the Director or his/her duly authorized representative as provided for in
					 Section 16301 of these regulations, any
					 documents, arguments, or authorities it wishes to have considered in the
					 coverage determination process.
(3)
					 All parties to the coverage determination request shall have a continuing duty
					 to provide the Director or his/her duly authorized representative as provided
					 for in Section
					 16301 of these regulations, with
					 relevant documents in their possession or control, until a determination is
					 made. Where any party or parties' agent has a document in their possession, but
					 refuses to release a copy, the Department shall consider that the documents, if
					 released, would contain information adverse to the withholding party's position
					 and may close the record and render a decision on the basis of that inference
					 and the information received.
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 2 - Work Subject to Prevailing Wages › Section 16002 - Coverage of Worker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The determinations of the Director will cover those
						crafts, classifications or types of workers employed in public works as set
						forth in Sections
						1720,
						1720.2,
						1720.3, and
						1771 of the
						Labor Code.
Note: Authority cited: Sections
						  1723 and
						  1773.5, Labor
						  Code. Reference: Sections
						  1720,
						  1720.2,
						  1720.3 and
						  1771, Labor
						  Code.
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 2 - Work Subject to Prevailing Wages › Section 16002.5 - Appeal of Public Work Coverage Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Those interested parties enumerated in
					 Section 16000 of these regulations may
					 appeal to the Director of Industrial Relations or the Director's duly
					 authorized representative as set forth in Section
					 16301 of these regulations a
					 determination of coverage under the public works laws (Labor Code Section
					 1720 et seq.)
					 regarding either a specific project or type of work under Section
					 16001(a) of these
					 regulations. Such notice of appeal must be served within 30 days of the
					 issuance of the coverage determination. The party appealing the determination
					 must, in accordance with the filing procedures set forth in Section
					 16302(d) of these
					 regulations, give written notification to the awarding body and any other
					 identifiable parties.
(b) The
					 notice of appeal shall state the full factual and legal grounds upon which the
					 determination is appealed, and whether a hearing is desired. The decision to
					 hold a hearing is within the Director's sole discretion. The Director may
					 appoint a hearing officer to conduct the hearing and propose a decision on the
					 appeal. The Director shall make the final decision on the appeal.
(c) The authority of the Director to
					 determine coverage of projects under the prevailing wage laws is
					 quasi-legislative, and a final determination on any appeal is subject to
					 judicial review pursuant to the Code of Civil Procedure, Section
					 1085.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No.
						13).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  1720,
						  1720.2,
						  1720.3,
						  1720.4 and
						  1771, Labor
						  Code.
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 2 - Work Subject to Prevailing Wages › Section 16003 - Requests for Approval of Volunteer Labor. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Change without regulatory effect repealing section filed 4-19-2005 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2005, No. 16).
Note: Authority cited: Sections
						  54 and
						  1773.5, Labor
						  Code. Reference: Section
						  1720.4, Labor
						  Code.
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 16101 - Discrimination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
See Labor Code Sections
						1735,
						1777.5,
						1777.6, and
						3077.5.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  1735,
						  1777.5,
						  1777.6 and
						  3077.5, Labor
						  Code.
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 16102 - Interested Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An interested party, as defined in Section
						16000 of these regulations, may be
						a source of wage data information, as provided in Section
						16200(e) of these
						regulations.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1773.4, Labor
						  Code.
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 4 - Wage Determinations › Section 16201 - General Area Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Director determines that the general prevailing
						rate of per diem wages for a particular craft, classification, or type of
						worker is uniform throughout an area, the Director shall issue a determination
						enumerated county by county, but covering the entire area. Such determinations
						will ordinarily be made for an entire county or group of counties and shall
						constitute the Director's determination for all localities in which public work
						is performed within that county or counties except as the geographic
						application of the determination may be specifically limited by the
						determination itself.
NOTE: General determinations are usually issued on a
						quarterly basis. However, the Director may issue an interim wage determination
						following the procedures set forth in Section
						1773 of the
						Labor Code, and in these regulations. See Section
						16000 as to issue date, and Section
						16204 as to effective date of
						determination. The general determination usually applies where a collective
						bargaining agreement has been filed and adopted as the prevailing wage
						rate.
Note: Authority cited: Sections
						  1773.5 and
						  1773.6, Labor
						  Code. Reference: Section
						  1773, Labor
						  Code.
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 4 - Wage Determinations › Section 16202 - Special Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Awarding body request. The awarding body
					 shall request the Director to make a determination for a particular craft,
					 classification or type of worker not covered by a general determination. Any
					 such request shall be submitted at least 45 days prior to the bid advertisement
					 date.
(b) Department of Industrial
					 Relations initiated determination. Where an awarding body does not specify the
					 prevailing wage rate as set forth in Labor Code Section
					 1773.2, any
					 interested party (as defined in Section
					 16000 of these regulations) may
					 petition the Director as set forth in Labor Code Section
					 1773.4 and
					 Section 16302 of these regulations. The
					 Labor Commissioner may, prior to the letting of the bid, request such a
					 determination of the Director.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  1770,
						  1773 and
						  1773.4, Labor
						  Code.
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 4 - Wage Determinations › Section 16203 - Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 determinations made by the Director of the general prevailing rate of per diem
					 wages for a particular craft, classification, or type of worker will separately
					 specify each of the following components:
(1)
					 The prevailing basic straight-time hourly wage rate.
(2) The following statement when applicable:
					 "In accordance with Labor Code Section
					 1773, holidays
					 upon which the prevailing hourly wage rate for holiday work shall be paid shall
					 be all holidays recognized in the collective bargaining agreement applicable to
					 the particular craft, classification or type of workers employed on the
					 project, which is on file with the Director of Industrial Relations."
(3) The prevailing employer payments for
					 benefits included in the general prevailing rate of per diem wages pursuant to
					 Section
					 1773.1 of the
					 Labor Code and enumerated in Section
					 16000 of these
					 regulations.
(4) The following
					 statement when applicable. "The contractor shall make travel and subsistence
					 payments to each worker needed to execute the work, as such travel and
					 subsistence payments are defined in the applicable collective bargaining
					 agreements filed with the Director of Industrial Relations in accordance with
					 Labor Code Section
					 1773.8."
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 4 - Wage Determinations › Section 16204 - Effective Dates of Determination and of Rates Within Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective Date
					 of Determination.
(1) All determinations
					 issued will be effective ten (10) days after issuance, provided that requests
					 for copies, reprints or reissuance of prior determinations shall not affect the
					 original effective date unless a new effective date is reflected upon the
					 determination (see subdivision (3) below). Any call for bids put out on or
					 after the effective date of the determination must reflect that determination
					 unless the Director determines that subdivision (4) of this section is
					 applicable, after notification and request by an awarding body.
(2) Determinations issued by the Director
					 will show an issue date and will ordinarily show an expiration date.
(3) All determinations will remain in effect
					 until their expiration date or until modified, corrected, rescinded or
					 superseded by the Director.
(4)
					 Determinations modified, corrected, rescinded or superseded on the basis of
					 information contained in copies of collective bargaining agreements filed with
					 the Department shall not be effective as to any project in which a call for
					 bids takes place less than 30 days after the filing of the agreement.
NOTE: See Section
						1773.1 of the
						Labor Code.
(5) It shall be
					 the responsibility of the awarding body to ensure that the correct
					 determination is used.
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 4 - Wage Determinations › Section 16205 - Procedures for Obtaining Prevailing Wage Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An awarding body may request to be put on a mailing list
						for all area wage determinations for a specific county or counties or may
						request that a special or general prevailing wage determination be furnished
						when needed, by writing to Chief, Division of Labor Statistics and Research,
						P.O. Box 420603, San Francisco, CA 94142. All requests for special prevailing
						wage determinations must be confirmed in writing and must specify the location
						where the public work is to be performed, including the county and the
						particular crafts, classifications, or types of workers for which a
						determination is needed.
1.
						Amendment filed 2-20-92; operative 3-23-92 (Register 92, No.
						13).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  1770 and
						  1773, Labor
						  Code.
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 4 - Wage Determinations › Section 16206 - Corrections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon his or her own initiative or at the request of any
						interested party, the Director shall correct any error in a published
						determination that is the result of clerical error, such as a typographical
						error or a transposition of letters or digits, by issuing a corrected
						determination or a modification of the determination. The Director may correct
						any error issued in a determination by reissuing such
						determination.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  1770 and
						  1773, Labor
						  Code.
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 5 - Petitions to Review Prevailing Wage Determinations › Section 16300 - Delegation of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chief of DLSR is the authorized
					 representative of the Director for the purpose of:
(1) Receiving collective bargaining
					 agreements and other documents and papers pertaining to making prevailing wage
					 determinations under Part 7, Chapter 1, Article 2 of the Labor Code and these
					 regulations;
(2) Gathering
					 information needed to make prevailing wage determinations under Part, Chapter
					 1, Article 2 of the Labor Code and these regulations, and may for that purpose
					 institute investigations, conduct hearings, or employ such other means as shall
					 best serve the purpose of the law;
(3) Issuing prevailing wage determinations
					 under Part 7, Chapter 1, Article 2 of the Labor Code and these regulations;
					 and
(4) Responding to petitions
					 regarding determinations.
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 5 - Petitions to Review Prevailing Wage Determinations › Section 16301 - Referral of Prevailing Wage Issues to Director's Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any new or unresolved issue other than of a routine
						nature as to coverage of or amount of the prevailing wage raised by an awarding
						body or other interested party may be referred to the Chief of DLSR as the
						Director's duly authorized representative for final determination, including
						appeals of any determination relating either to coverage or to the rate of the
						prevailing wage rate, subject only to Section
						16300(b) of these
						regulations.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1773.4, Labor
						  Code.
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 5 - Petitions to Review Prevailing Wage Determinations › Section 16302 - Petition to Review Prevailing Wage Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Those interested parties enumerated in Section
						1773.4 of the
						Labor Code, and defined in Section
						16000 of these regulations, may
						file with the Director or the Chief of DLSR, within 20 days after commencement
						of advertising of a call for bids by any awarding body, a petition to review a
						determination of any rate or rates made by the Director, pursuant to Section
						1773 of the
						Labor Code, which is specified in or referred to in the call for bids.
(a) Manner of Filing. Every petition filed
					 pursuant to Section
					 1773.4 of the
					 Labor Code shall be filed with the Director by mail to the Chief, Division of
					 Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142, or may
					 be filed in person at 455 Golden Gate Avenue, 5th Floor, San Francisco, CA
					 94102.
(b) Filing. Where any paper,
					 letter, petition, or document is required or permitted to be filed pursuant to
					 these regulations or pursuant to the prevailing wage provisions of the Labor
					 Code, it shall be deemed filed with any person, awarding body or division upon
					 actual delivery to and receipt by such person, awarding body, or
					 division.
(c) Content of Petition.
					 Every petition filed pursuant to Section
					 1773.4 of the
					 Labor Code shall contain and separately state the following:
(1) The name, address, telephone number and
					 job title of:
(A) the person filing the
					 petition;
(B) the person verifying
					 the petition, if different from the person filing;
(C) if applicable, petitioner's attorney or
					 authorized representative.
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 5 - Petitions to Review Prevailing Wage Determinations › Section 16303 - Quasi-Legislative Nature of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The authority of the Director to
					 establish the prevailing wage for any craft, classification, or type of worker
					 is quasi-legislative. The Director has the discretion to establish these
					 prevailing wages in a quasi-legislative manner which may include an
					 investigation, hearing, or other action. Any hearing under this process is
					 quasi-legislative and is subject to review pursuant to the Code of Civil
					 Procedure Section
					 1085.
(b) The Director may in his or her discretion
					 initiate an investigation or hold a hearing or take such other action as is
					 reasonably necessary which would best effectuate the purposes of the law and of
					 these regulations, except as such action may be expressly prohibited by
					 law.
Note: Authority cited: Section
						  1773.5, Labor
						  Code; and Winzler & Kelly (1981) 121 C.A. 3d 120; Western Assn. of
						  Engineers & Land Surveyors v. DIR, Judicial Council Coord. Proceeding No.
						  449, Sac. Superior Court No. 285433. Reference: Sections
						  1770,
						  1773 and
						  1773.4, Labor
						  Code; and Section
						  1085,
						  Code of Civil Procedure.
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 5 - Petitions to Review Prevailing Wage Determinations › Section 16304 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a hearing is held, including a petition to review
						under Labor Code Section
						1773.4, it
						shall be in accordance with the following procedures:
(a) Hearing Procedures.
(1) A time and place of the hearing shall be
					 fixed.
(2) All interested parties
					 made known to the Director shall be notified by registered or certified mail,
					 return receipt requested, of the time and place of the hearing except that, in
					 the event of numerous interested parties or in the event that mailing notices
					 by registered or certified mail could cause an undue delay adverse to the
					 interest of the parties or a timely hearing, the Director may send certified or
					 registered notices to the petitioner and other directly interested parties that
					 have been made known to the Director and mail notices to the other parties, and
					 publish such notices in newspapers.
(3) Notification of the time and place of the
					 hearing shall be at least one week in advance.
(4) The interested parties shall be given an
					 opportunity to present evidence and oral or written arguments in support of
					 their positions. The hearing officer may fairly allocate time for such
					 witnesses' testimony in the interest of introducing relevant evidence. Cross
					 examination will be permitted at the discretion of the hearing
					 officer.
(5) The hearing need not
					 be conducted according to technical rules relating to evidence and
					 witnesses.
(6) All witnesses
					 testifying before the hearing officer shall testify under oath.
(7) A full transcript of the hearing shall be
					 recorded.
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 6 - Certified Payroll Records: Requests, Content, and Cost › Section 16400 - Request for Payroll Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requests may be made by any person for
					 certified copies of payroll records. Requests shall be made to any of the
					 following:
(1) the body awarding the
					 contract, or
(2) any office of the
					 Division of Labor Standards Enforcement, or the Division of Apprenticeship
					 Standards.
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 6 - Certified Payroll Records: Requests, Content, and Cost › Section 16401 - Reporting of Payroll Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Reporting Format. The format for
					 reporting of payroll records requested pursuant to Labor Code Section
					 1776 shall be
					 on a form provided by the public entity. Copies of the forms may be procured at
					 any office of the Division of Labor Standards Enforcement (DLSE) throughout the
					 state and/or:
Division of Labor Statistics & Research P.O. Box 603
						San Francisco, CA 94101
ATTENTION: Prevailing Wage Unit
Acceptance of any other format shall be conditioned upon
						the requirement that the alternate format contain all of the information
						required pursuant to Labor Code Section
						1776. If,
						however, the contractor does not comply with the provisions of Labor Code
						Section
						1776, the Labor
						Commissioner may require the use of DIR's suggested format, "Public Works
						Payroll Reporting Form" (Form A-1-131).
(b) Words of Certification. The form of
					 certification shall be as follows: I, __________(Name-print) the undersigned,
					 am __________(position in business) with the authority to act for and on behalf
					 of__________, (name of business and/or contractor) certify under penalty of
					 perjury that the records or copies thereof submitted and consisting of
					 __________ (description, no. of pages) are the originals or true, full and
					 correct copies of the originals which depict the payroll record(s) of the
					 actual disbursements by way of cash, check, or whatever form to the individual
					 or individuals named. Date:__________-___Signature:__________ __________ A
					 public entity may require a more strict and/or more extensive form of
					 certification.
Note: Authority cited: Sections
						  54 and
						  1773.5, Labor
						  Code. Reference: Section
						  1776, Labor
						  Code.
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 6 - Certified Payroll Records: Requests, Content, and Cost › Section 16402 - Cost

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The cost of preparation to each contractor,
						subcontractor, or public entity when the request was made shall be provided in
						advance by the person seeking the payroll record. Such cost shall be $1 for the
						first page of the payroll record and 25 cents for each page thereafter, plus
						$10 to the contractor or subcontractor for handling costs. Payment in the form
						of cash, check or certified money order shall be made prior to release of the
						documents to cover the actual costs of preparation.
Note: Authority cited: Section
						  1776, Labor
						  Code. Reference: Section
						  1776(h),
						  Labor Code.
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 6 - Certified Payroll Records: Requests, Content, and Cost › Section 16403 - Privacy Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Records received from the employing
					 contractor shall be kept on file in the office or entity that processed the
					 request for at least 6 months following completion and acceptance of the
					 project. Thereafter, they may be destroyed unless administrative, judicial or
					 other pending litigation, including arbitration, mediation or other methods of
					 dispute resolution, are in process. Copies on file shall not be obliterated in
					 the manner prescribed in subdivision (b) below;
(b) copies provided to the public upon
					 written request shall be marked, obliterated or provided in such a manner that
					 the name, address and Social Security number, and other private information
					 pertaining to each employee cannot be identified. All other information
					 including identification of the contractor shall not be obliterated;
(c) the public entity may affirm or deny that
					 a person(s) was or is employed on a public works contract (by a specific
					 contractor) when asked, so long as the entity requires such information of an
					 identifying nature which will reasonably preclude release of private or
					 confidential information.
Note: Authority cited: Sections
						  54,
						  1773.5 and
						  1776, Labor
						  Code. Reference: Section
						  1776, Labor
						  Code.
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 6 - Certified Payroll Records: Requests, Content, and Cost › Section 16404 - Use of Electronic Reporting Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The certified payroll records required by Labor Code
						Section
						1776 may be
						maintained and submitted electronically subject to all of the following
						conditions:
(a) The reports must
					 contain all of the information required by Labor Code Section
					 1776, with the
					 information organized in a manner that is similar or identical to how the
					 information is reported on the Department of Industrial Relations' suggested
					 "Public Works Payroll Reporting Form" (Form A-1-131);
(b) The reports shall be in a format and use
					 software that is readily accessible and available to contractors, awarding
					 bodies, Labor Compliance Programs, and the Department of Industrial
					 Relations;
(c) Reports submitted to
					 an awarding body, a Labor Compliance Program, the Division of Labor Standards
					 Enforcement, or other entity within the Department of Industrial Relations must
					 be either (1) in the form of a non-modifiable image or record that bears an
					 electronic signature or includes a copy of any original certification made on
					 paper, or alternatively (2) printed out and submitted on paper with an original
					 signature;
(d) The requirements for
					 redacting certain information shall be followed when certified payroll records
					 are disclosed to the public pursuant to Labor Code Section
					 1776(e),
					 whether the records are provided electronically or as hard copies;
					 and
(e) No contractor or
					 subcontractor shall be mandated to submit or receive electronic reports when it
					 otherwise lacks the resources or capacity to do so, nor shall any contractor or
					 subcontractor be required to purchase or use proprietary software that is not
					 generally available to the public.
1. New
						section filed 12-22-2008; operative 1-21-2009 (Register 2008, No.
						52).
Note: Authority cited: Sections
						  54,
						  55,
						  1773.5 and
						  1776, Labor
						  Code. Reference: Section
						  1776, Labor
						  Code.
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 7 - Registration of Public Works Contractors › Section 16410 - Duty to Register: Online Application, Time Period, Identification Number, and Renewals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any contractor or subcontractor who is required to be registered with the
					 Department of Industrial Relations pursuant to Labor Code Section
					 1725.5 shall
					 complete an online application on the Department's Public Works website and pay
					 the applicable fee specified in section
					 16412.
(b) All registrations shall be for the July 1
					 to June 30 fiscal year or any part of the fiscal year that remains following
					 the date of registration.
(c)
					 Registration is required for any contractor or subcontractor who will bid on or
					 perform public work that is subject to the requirement to pay prevailing wages
					 as described in Labor Code Sections
					 1771,
					 1772, and
					 1774. This
					 requirement includes the following specific situations, in addition to anyone
					 else covered by the definition of contractor in Labor Code Section
					 1722.1.
(1) Each business entity or name that is
					 separately licensed by the Contractors State License Board or other licensing
					 entity and intends to bid or work on public works through that separate
					 license, irrespective of whether the separately licensed entities or business
					 names share a common ownership.
(2)
					 Any entity or individual hired or engaged as an independent contractor to
					 perform work that is subject to prevailing wage requirements. For purposes of
					 this section, no person shall be considered an employee of another registered
					 contractor or subcontractor unless the registered contractor or subcontractor
					 has workers' compensation coverage for that person as specified in Labor Code
					 Section
					 1725.5(a)(2)(A).
(3) Any entity or individual who is a joint
					 employer of workers employed on public works, whether or not the entity or
					 individual has entered into a contract or subcontract to perform the public
					 work. For purposes of this section, a joint employer includes a professional
					 employment agency, temporary staffing agency, or labor contractor who employs
					 workers in the execution of any contract of public work, as well as an entity
					 or individual who enters into a contract or subcontract to perform public work,
					 but subcontracts with another entity or individual to perform the actual
					 work.
(4) Any sole proprietor,
					 including but not limited to an owner-operator, who performs any work that is
					 subject to the requirement to pay prevailing wages under Labor Code Section
					 1774.
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 7 - Registration of Public Works Contractors › Section 16411 - Required Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The registration shall include the
					 applicant's legal name, business name or names (if different), mailing address,
					 physical address, and business email address. The registration shall also
					 specify whether the applicant is a sole proprietor, partnership, limited
					 liability company, corporation, or joint venture, and shall identify the
					 principal owners, officers, or other persons having authority to act on behalf
					 of the business.
(b) The
					 registration shall include the Contractors State License Board license number
					 for any applicant who is required to be licensed by that Board. Other
					 applicants shall identify the type and number of any professional license,
					 permit, or other form of authorization from an agency of the State of
					 California, if any, that applies to their work.
(c) Either in addition to or in lieu of
					 direct evidence of compliance with the requirements of subparagraphs (A)
					 through (E) of subdivision (a)(2) of Labor Code Section
					 1725.5, the
					 Labor Commissioner may require applicants to certify under penalty of perjury
					 to their compliance with those requirements.
(d) Notwithstanding any certifications
					 required in accordance with subsection (c) of this section, the Labor
					 Commissioner may require an applicant to provide independent proof of
					 compliance with any of the requirements of subparagraphs (A) through (E) of
					 subdivision (a)(2) of Labor Code Section
					 1725.5, and the
					 Labor Commissioner may also consult court and agency records, including but not
					 limited to insurance coverage records maintained by the Workers' Compensation
					 Insurance Rating Bureau, to determine if an applicant is in compliance with
					 those requirements.
1. New
						section filed 3-23-2020; operative 5-15-2020 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2020, No. 13).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1725.5, Labor
						  Code.