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 2 - Approval and Revocation of Approval of Labor Compliance Programs by Director › Section 16426 - Approval of Third Party Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any entity seeking approval to operate a
					 Labor Compliance Program pursuant to a contract with one or more Awarding
					 Bodies or Joint Powers Authorities shall submit evidence of its capacity and
					 ability to operate an effective Labor Compliance Program consistent with
					 applicable legal requirements, based on the following factors:
(1) Experience and training of the entity's
					 personnel on public works labor compliance issues, including private sector
					 experience on behalf of unions or contractors or on a joint labor-management
					 committee established pursuant to the federal Labor Management Cooperation Act
					 of 1978 (section
					 175 a of Title 29 of the United
					 States Code) and participation in any public works enforcement training
					 provided by the Division of Labor Standards Enforcement;
(2) The geographical area in which the entity
					 intends to operate its Labor Compliance Program and the identity of the
					 Awarding Bodies and Joint Powers Authorities, if any, with whom the entity
					 intends to contract for operation of a Labor Compliance Program;
(3) Whether the entity shares personnel,
					 management, ownership or other close affiliation with (A) any contractor or
					 subcontractor that within the preceding five years has been awarded a public
					 works contract within the geographical area with any Awarding Body or Joint
					 Powers Authority identified in subpart (2) above, (B) any person or entity who
					 has been the surety on such a contract, (C) any joint labor-management
					 committee established pursuant to the Federal Labor Management Cooperation Act
					 of 1978 (section
					 175 a of Title 29 of the United
					 States Code), or (D) any person or entity who has represented workers employed
					 in the same or similar classifications as those employed for such a contract
					 and who has been engaged in (i) an organizational campaign under the National
					 Labor Relations Act with contractors competing for such contracts or (ii) a
					 jurisdictional dispute with another collective bargaining representative of
					 workers utilized for such contracts;
(4) The record of any contractor,
					 subcontractor, surety, or worker representative referred to in subpart (3)
					 above with respect to compliance and enforcement or aiding in the compliance
					 and enforcement of prevailing wage requirements under the Labor Code in the
					 preceding five years;
(5) The
					 availability of competent legal support for the Labor Compliance Program and
					 whether the persons or firms providing that support also represent any
					 contractor, subcontractor, surety, or worker representative referred to in
					 subpart (3) above;
(6) The
					 availability and quality of a manual outlining the responsibilities and
					 procedures of the Labor Compliance Program to any Awarding Body or Joint Powers
					 Authority with which it contracts;
(7) The method by which the Labor Compliance
					 Program will transmit notice to the Labor Commissioner of violations which may
					 lead to debarment under Labor Code Section
					 1777.1;
(8) Awareness of the rights and
					 responsibilities imposed on the Labor Compliance Program as an agent of a
					 governmental agency under section
					 16421(c) above and
					 the existence of procedures designed to inform personnel of the Labor
					 Compliance Program of these rights and responsibilities and to insure the
					 compliance of employees and consultants who participate in making governmental
					 decisions with conflict of interest reporting requirements, such as through
					 participation in internet-based or live training programs provided by the Fair
					 Political Practices Commission; and
(9) The identity by job title and number of
					 program employees who will participate in making governmental decisions within
					 the meaning of Title 2 California Code of Regulations sections
					 18700 through
					 18702.4 or any successor
					 regulations, and whether required statements of economic interest (FPPC Form
					 700) will be filed with local awarding bodies with which the program contracts,
					 with the Director, or with some other specified entity.