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 3 - Payment of Prevailing Wages upon Public Works › Article 7 - Registration of Public Works Contractors › Section 16412 - Registration Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 fees for registration or renewal shall be as set forth below. All fees required
					 under this section shall be nonrefundable.
(1)
					 Application for new registration - $400
(2) Application for new registration after
					 previous denial of registration - $400
(3) Application for renewal of registration -
					 $400
(4) Additional penalty to
					 apply for registration if contractor or subcontractor has worked, bid, or been
					 listed on a bid in violation of the requirements of Labor Code Section
					 1725.5(a)
					 within the preceding twelve months - $2000
(5) Additional penalty renewal fee,
					 applicable during first ninety (90) days following expiration of prior
					 registration, for a contractor or subcontractor who inadvertently allows
					 registration to lapse but works, bids, or is listed on a bid in violation of
					 the requirements of Labor Code Section
					 1725.5(a)
					 - $400
(6) The fees specified in
					 paragraphs (1), (2), and (3) are for registration or renewal for a single
					 fiscal year, as determined in accordance with section
					 16410(b). A
					 contractor or subcontractor may apply to register or renew for one, two, or
					 three years by paying the fee specified in paragraphs (1), (2), or (3) for each
					 year of registration or renewal, plus any additional penalty due under
					 paragraphs (4) or (5).
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 16413 - Denial of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Incomplete Registration:
Registration shall be denied based on an applicant's failure to submit all of
					 the information required by section
					 16411 or submit the registration
					 fees required by section
					 16412(a). Denial
					 of registration on this basis shall be without prejudice to completing the
					 application or submitting a new application for registration that includes all
					 the required information and the required registration fees.
(b)
Denial on Merits:
Registration shall also be denied based on an applicant's failure to meet any
					 of the qualifications specified in Labor Code Section
					 1725.5 or upon
					 the subsequent cancelation or dishonor of any fee payment submitted with the
					 application.
(c) Within sixty (60)
					 days following the issuance of any notice of denial pursuant to subsection (b),
					 including a notification of denial provided at the conclusion of the online
					 registration process or any written notice of denial that is subsequently
					 transmitted, mailed, or delivered to the applicant for registration, the
					 applicant may appeal the denial by submitting a request for reconsideration and
					 hearing.
(d) The appeal shall be in
					 writing and transmitted as specified in section
					 16415. The appeal shall identify
					 the date and means (electronic notice or other) through which registration was
					 denied, and shall specify the grounds for appeal, including why the applicant
					 believes that the denial was in error. The appeal may include additional
					 evidence or information in support of the applicant's claim that the denial was
					 in error.
(e) A hearing shall be
					 set within thirty (30) days of receipt of an appeal submitted pursuant to
					 subsections (c) and (d). With the consent of the applicant, the hearing may be
					 conducted by conference call or other electronic means in lieu of personal
					 appearances.
(f) At any time up
					 until 48 hours prior to the scheduled date and time of the hearing, the Labor
					 Commissioner may reconsider and, for good cause, rescind the denial and
					 authorize registration,
provided that
the applicant is
					 qualified for registration under Labor Code Section
					 1725.5 and has
					 paid the fees and any penalties required by section
					 16412(a) of these
					 regulations.
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.
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 16414 - Revocation of Previously Approved Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor Commissioner may revoke the
					 registration of a contractor or subcontractor on any of the following grounds:
(1) Evidence that the contractor or
					 subcontractor no longer meets all the qualifications specified in Labor Code
					 Section
					 1725.5;
(2) Evidence that at the time of the most
					 recent registration or renewal, the contractor or subcontractor did not meet
					 the qualifications specified in Labor Code Section
					 1725.5 or made
					 a certification to the Department that the contractor or subcontractor knew or
					 should have known to be false at the time the certification was made;
					 or
(3) Evidence that within the
					 preceding twelve (12) months the contractor or subcontractor knowingly or
					 negligently, or by reason of a failure to inquire, entered into a subcontract
					 with another person or entity to perform public work in violation of the public
					 works contractor registration requirements of Labor Code Sections
					 1725.5 and
					 1771.1.
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 16415 - Transmission of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 appeal of the denial of registration pursuant to section
					 16413 or revocation of registration
					 pursuant to section
					 16414 shall be sent to the
					 Director's Lead Hearing Officer, with a copy sent simultaneously to the Labor
					 Commissioner's Office, in one or more of the manners specified in subsections
					 (b) through (c) below. If not apparent on the face of the transmission, the
					 appeal should indicate the manner and address to which the Labor Commissioner's
					 copy is being sent.
(b) Appeals and
					 attachments transmitted by email shall be sent to: Lead Hearing Officer at
ODLHearingOfficer@dir.ca.gov
Labor Commissioner's
					 Office at
PWContractorAppeals@dir.ca.gov
(c) Appeals and attachments transmitted by
					 regular mail shall be sent to:
Lead Hearing Officer at:
DIR,
								OFFICE OF THE DIRECTOR OF THE LEGAL UNIT
ATTN.: LEAD HEARING
								OFFICER
1515 CLAY STREET, 7TH
								FLOOR
OAKLAND, CA 94612
Labor Commissioner's Office
								at:
DIVISION OF LABOR STANDARDS ENFORCEMENT
BUREAU OF FIELD
								ENFORCEMENT
ATTN: PW CONTRACTOR APPEAL
300 OCEANGATE BLVD., NO.
								850
LONG BEACH, CA 90802
(d) The appeal shall include contact
					 information, including telephone number, for the appellant or appellant's
					 representative and should specify the most expeditious or preferred means for
					 the Department to contact the appellant in order to schedule a hearing on the
					 appeal.
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.
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 16416 - Hearing and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
					 impartial hearing officer shall be appointed to hear the appeal in accordance
					 with the requirements of Title 8, California Code of Regulations, section
					 17204 [Director's Prevailing Wage
					 Hearing Regulations].
(b) A written
					 notice of hearing shall be sent to the appellant or appellant's representative
					 and to the Labor Commissioner's representative at least ten (10) days prior to
					 the date of hearing. The hearing officer may first schedule a telephone
					 prehearing conference with the parties or their representatives for the purpose
					 of identifying and narrowing the issues, coordinating the scheduling of the
					 hearing, and making any orders needed to facilitate the production or exchange
					 of evidence.
(c) Unless otherwise
					 ordered by the hearing officer, the hearing shall be conducted in accordance
					 with the procedures specified in sections
					 17240,
					 17241(b) and (c),
					 17242 through
					 17249, and
					 17252 of the Director's Prevailing
					 Wage Hearing Regulations.
(d)
					 Within five (5) days following the conclusion of the hearing in which
					 revocation has been stayed under section
					 16414(d) and
					 within ten (10) days following the conclusion of the hearing in all other
					 cases, the hearing officer shall issue a written decision that upholds or
					 reverses the denial or revocation of registration and explains the basis for
					 the decision. If a determination to deny or revoke registration is upheld, the
					 decision shall also specify the length of time, if any, during which the
					 appellant shall be disqualified from registering with the Department.
(e) The hearing officer's decision shall be
					 the final decision of the Director of Industrial Relations, and shall not be
					 subject to further appeal except by writ of administrative mandate to the
					 appropriate superior court pursuant to Code of Civil Procedure Section
					 1094.5,
					 within 45 days after service of the hearing officer's decision. The procedures
					 specified in sections
					 17262(d) and
					 17263 of the Director's Prevailing
					 Wage Hearing Regulations shall apply in the event of any such mandamus appeal
					 to superior court.
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: Sections
						  1725.5,
						  1742 and
						  1771.1, 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 16417 - Effect of Debarment Under Labor Code Section 1777.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other rights or requirements set
						forth in these regulations, an order of debarment made by the Labor
						Commissioner pursuant to Labor Code Section
						1777.1 shall
						result in an automatic denial of registration or revocation of registration of
						the debarred contractor or subcontractor and shall not be subject to any notice
						or appeal rights other than those provided under Labor Code Section
						1777.1 and the
						regulations in Subchapter 4.8 (commencing with section
						16800) of Title 8, Division 1,
						Chapter 8 of the California Code of Regulations.
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: Sections
						  1725.5 and
						  1777.1, 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 16418 - Labor Commissioner's Authority to Assess Penalties and Issue Stop Orders Under Labor Code Section 1771.1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The rights, requirements, and procedures set forth in
						these regulations shall not apply to any penalty assessment or stop order
						issued pursuant to Labor Code Section
						1771.1, nor
						shall they modify, restrict, or otherwise affect the Labor Commissioner's
						authority to assess penalties or issue stop orders pursuant to Labor Code
						Section
						1771.1 upon
						determining that a contractor or subcontractor has or currently is engaged in
						public work without being registered in accordance with the requirements of
						Labor Code Sections
						1725.5 and
						1771.1.
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: Sections
						  1725.5 and
						  1771.1, Labor
						  Code.
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 16421 - Composition and Components of Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In accordance with Labor Code Section
					 1771.5(b),
					 a Labor Compliance Program shall include, but not be limited to, the following
					 requirements:
(1) The Call for Bids,
					 Design-Build Request, and the contract or purchase order shall contain
					 appropriate language concerning the requirements of Chapter 1 of Part 7 of
					 Division 2 of the Labor Code.
(2) A
					 prejob conference shall be conducted before commencement of the work with
					 contractors and subcontractors listed in the bid or who are required to be
					 identified or prequalified in a Design-Build Contract. At the prejob conference
					 applicable federal and state labor law requirements shall be discussed, and
					 copies of suggested reporting forms furnished. A checklist, showing which
					 federal and state labor law requirements were discussed, shall be kept for each
					 conference. A checklist in the format of Appendix A presumptively meets this
					 requirement.
(3) A requirement that
					 certified payroll records be kept by the contractor in accordance with Labor
					 Code Section
					 1776 and
					 furnished to the Labor Compliance Program at times designated in the contract,
					 which shall be at least monthly, or within 10 days of any request by the
					 Awarding Body. Use of the current version of DIR's "Public Works Payroll
					 Reporting Form" (A-1-131) and Statement of Employer Payments (PW26) constitute
					 presumptive compliance with the requirement for certified payroll records kept
					 in accordance with Labor Code Section
					 1776, provided
					 the forms are filled out accurately and completely. These suggested forms are
					 available from the Department of Industrial Relations.
(4) A program for orderly review of payroll
					 records and, if necessary, for audits to verify compliance with the
					 requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code.
(5) A prescribed routine for withholding
					 penalties, forfeitures, and underpayment of wages for violations of the
					 requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code.
(6) All contracts to which prevailing wage
					 requirements apply shall include a provision that contract payments shall not
					 be made when payroll records are delinquent or inadequate.
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 16422 - Applicable Dates for Enforcement of Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No contracts shall be subject to Labor
					 Compliance Program jurisdiction nor shall the limited exemption from payment of
					 prevailing wages pursuant to Labor Code Section
					 1771.5(a)
					 apply to any contract of an Awarding Body unless and until the Labor Compliance
					 Program has been approved by the Director pursuant to this
					 subchapter.
(b) Contracts for which
					 the Date of Notice or the Call for Bids is subsequent to the date of approval
					 of a Labor Compliance Program are subject to Labor Code Section
					 1771.5. In the
					 case of a contract for which there is no Call for Bids, the applicable date
					 shall be the date of the award of the contract.
(c) Revocation of approval of a Labor
					 Compliance Program by the Director shall not affect the limited exemption from
					 payment of prevailing wages provided by Labor Code Section
					 1771.5(a)
					 if the date of such revocation is subsequent to the Date of Notice or Call for
					 Bids or, in the case of a contract for which there is no Call for Bids,
					 subsequent to the date of the award of the contract.
(d) If the Director revokes approval of an
					 awarding body's Labor Compliance Program that was approved pursuant to section
					 16425 below, the Director shall
					 give notice to the Awarding Body specifying enforcement responsibilities,
					 including with respect to cases pending hearing, as of the date of
					 revocation.
(e) An Awarding Body
					 may voluntarily terminate its Labor Compliance Program. With respect to each
					 contract pending on the date of termination, the Awarding Body shall:
(1) Notify the Director of its intention and
					 the effective date of the termination;
(2) Notify the contractor(s) and the Labor
					 Commissioner of the identity of the agent who will carry out the compliance
					 enforcement obligations of Labor Code Section
					 1771.5 on the
					 remaining contracts; and
(3)
					 Specify the fund into which penalties or forfeitures withheld from any contract
					 payments shall be deposited.
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 16424 - Application for Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for Approval of an Awarding Body's Labor
						Compliance Program or for Approval of a Third Party Labor Compliance Program
						shall include the information specified either in section
						16425(a) or in
						section 16426(a)
						respectively, and shall be sent to the following address:
OFFICE OF THE DIRECTOR
DEPARTMENT OF INDUSTRIAL RELATIONS
455 GOLDEN GATE AVENUE, 10th FLOOR
SAN FRANCISCO, CA 94102
ATTENTION: EXECUTIVE ASSISTANT TO THE DIRECTOR
Suggested application forms are available 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 and NOTE filed 12-22-2008; operative
						1-21-2009 (Register 2008, No. 52).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1771.5, Labor
						  Code.
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 16425 - Approval of Awarding Body's Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Awarding Body seeking approval of its
					 own Labor Compliance Program 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 Awarding
					 Body'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 average number of public works
					 contracts the Awarding Body annually administers;
(3) Whether the Labor Compliance Program is a
					 joint or cooperative venture among Awarding Bodies, and how the resources and
					 expanded responsibilities of the Labor Compliance Program compare to the
					 Awarding Bodies involved;
(4) The
					 Awarding Body's record of taking cognizance of Labor Code violations and of
					 withholding in the preceding five years;
(5) The availability of competent legal
					 support for the Labor Compliance Program;
(6) The availability and quality of a manual
					 outlining the responsibilities and procedures of the Labor Compliance Program
					 to the Awarding Body; and
(7) The
					 method by which the Awarding Body will transmit notice to the Labor
					 Commissioner of violations which may lead to debarment under Labor Code Section
					 1777.1.
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 16428 - Revocation of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Director may revoke approval of a Labor Compliance Program after giving due
					 notice, conducting a hearing, and finding cause for revocation. Cause for
					 revocation of approval includes, but is not limited to:
(1) Failure of the Labor Compliance Program
					 to monitor compliance with the requirements of the Labor Code and these
					 regulations or to take appropriate enforcement action for violations of which
					 it becomes or should have become cognizant,
provided that
the
					 failure is (A) serious or sustained, (B) harmful to the interests of workers
					 employed on a project for which the Labor Compliance Program has monitoring and
					 enforcement responsibilities, and (C) not based on a good faith interpretation
					 of legal requirements or the current enforcement practices of the Labor
					 Commissioner;
(2) Failure of the
					 Labor Compliance Program to file timely, complete, and accurate reports to the
					 Director as required by section
					 16431 or elsewhere in these
					 regulations;
(3) A pattern of
					 failures in hearings conducted pursuant to Labor Code Section
					 1742(b)
					 either (A) to establish violations under Labor Code Sections
					 1775(a)
					 and
					 1776(g)
					 for which contract payments have been withheld or (B) to comply with the
					 requirements imposed on enforcing agencies or their representatives in the
					 prevailing wage hearing regulations at sections
					 17201-17270 of Title 8 of the
					 California Code of Regulations;
(4)
					 Failure to comply with applicable laws and reporting requirements pertaining to
					 conflicts of interest and the handling of personnel and payroll records and
					 information.
(5) Failure to comply
					 with requirements imposed on Labor Compliance Programs by statute or these
					 regulations or with any terms, conditions, or restrictions imposed by the
					 Director on the Labor Compliance Program's approval.
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 16429 - Notice of Labor Compliance Program Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice of approval of an Awarding Body's
					 Labor Compliance Program shall be given in the Call for Bids and in the
					 contract or purchase order and shall also be posted at the job site. If more
					 than one job site exists or where such posting would endanger public safety,
					 the notice may be posted in the manner prescribed by section
					 16100(b) of Title
					 8 of the California Code of Regulations.
(b) Notice of an approved Labor Compliance
					 Program shall contain, at the minimum, the effective date of the Director's
					 approval, a statement whether the limited exemption from prevailing wages
					 pursuant to Labor Code Section
					 1771.5(a)
					 applies to contracts under the jurisdiction of the Labor Compliance Program, a
					 telephone number to call for inquiries, questions, or assistance with regard to
					 the Labor Compliance Program, and the name of the agent or office administering
					 the Labor Compliance Program.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment relocating article 3 heading that formerly preceded section
						16429 to new placement preceding
						section 16431 and amendment of section
						heading and section filed 10-19-2004; operative 11-18-2004 (Register 2004, No.
						43).
3. Amendment filed 12-22-2008; operative 1-21-2009 (Register
						2008, No. 52).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Section
						  1771.5, Labor
						  Code.
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 3 - Reports and Audits › Section 16430 - Filing of Statements of Economic Interest (FPPC Form 700) by Designated Employees and Consultants of Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Awarding Body that operates either its
					 own labor compliance program or that contracts with a third party to operate
					 all or part of its labor compliance program shall determine and designate those
					 employees and consultants of the program who participate in making governmental
					 decisions for the Awarding Body within the meaning of Title 2, California Code
					 of Regulations, sections
					 18700 -
					 18702.4. Those designated employees
					 and consultants shall be required to file Statements of Economic Interest (FPPC
					 Form 700) and to comply with other applicable requirements of the Political
					 Reform Act (commencing with Section
					 87100 of
					 the Government Code) in connection with work performed on behalf of the
					 Awarding Body.
(b) Designated
					 employees and consultants who operate or are employed by a third party labor
					 compliance program shall file their Statements of Economic Interest (FPPC Form
					 700) with the filing officer of each Awarding Body with which the third party
					 program contracts, unless the Department of Industrial Relations or the Fair
					 Political Practices Commission specifies a different or alternative filing
					 location.
1.
						Relocation of article 3 heading from preceding section
						16431 to preceding section
						16430 and new section filed
						12-22-2008; operative 1-21-2009 (Register 2008, No. 52). For prior history of
						section 16430, see Register 2004, No.
						43.
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  87100, et seq., Government Code;
						  and Section
						  1771.5, Labor
						  Code.
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 3 - Reports and Audits › Form LCP-Ar1 - Labor Compliance Program Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						here to view image
Click
						here to view image
Click
						here to view image
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 3 - Reports and Audits › Form LCP-Ar2 - Labor Compliance Program Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						here to view image
Click
						here to view image
Click
						here to view image
Click
						here to view image
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 3 - Reports and Audits › Form LCP-Ar3 - Labor Compliance Program Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						here to view image
Click
						here to view image
Click
						here to view image
Click
						here to view image
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 3 - Reports and Audits › Appendix B - Labor Compliance Program Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Audit Record Worksheet Forms
* Public Works Investigation Worksheet
* Public Works Audit Worksheet
* Prevailing Wage Determination Summary
Click
						here to view image
Click
						here to view image
Click
						here to view image
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 4 - Limited Exemption from the Requirement to Pay Prevailing Wages › Section 16433 - Limited Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As provided in Labor Code Section
					 1771.5(a),
					 an Awarding Body which operates an approved Labor Compliance Program for every
					 public works project under its authority may choose not to require payment of
					 the general rate of per diem wages or the general rate of per diem wages for
					 holiday and overtime work for any public works project of $25,000 or less when
					 the project is for construction or installation work, or of $15,000 or less
					 when the project is for alteration, demolition, repair, or maintenance
					 work.
(b) A project for
					 construction, installation, alteration, demolition, repair, or maintenance work
					 shall be identified as such in the call for bids, and in the contract or
					 purchase order.
(c) If the amount
					 of a contract subject to subpart (a) above is changed and, as a result, exceeds
					 the applicable limit under which the payment of the general rate of per diem
					 wages is not required, workers employed on the contract after the amount due
					 the contractor has reached the applicable limit shall be paid the general rate
					 of per diem wages for regular, holiday or overtime work, as the case may
					 be.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment of section and NOTE filed 10-19-2004; operative 11-18-2004 (Register
						2004, No. 43).
3. Amendment of subsection (a) and NOTE filed
						6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
4. Certificate of Compliance as to 8-1-2011
						order, including further amendment of section and NOTE, 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: Sections
						  1720(a)(1)
						  and
						  1771.5, Labor
						  Code.
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 5 - Enforcement › Section 16434 - Duties of Labor Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Labor Compliance Program shall have a
					 duty to the Director to enforce the requirements of Chapter 1 of Part 7 of
					 Division 2 of the Labor Code and these regulations in a manner consistent with
					 the practice of the Labor Commissioner. It is the practice of the Labor
					 Commissioner to refer to the Director's ongoing advisory service of web-posted
					 public works coverage determinations as a source of information and guidance in
					 making enforcement decisions. It is also the practice of the Labor Commissioner
					 to be represented by an attorney in prevailing wage hearings conducted pursuant
					 to Labor Code Section
					 1742(b)
					 and sections
					 17201-17270 of Title 8 of the
					 California Code of Regulations.
(b)
					 Upon receipt of a written complaint alleging that a contractor or subcontractor
					 has failed to pay prevailing wages as required by the Labor Code, the Labor
					 Compliance Program shall do all of the following:
(1) Within 15 days after receipt of the
					 complaint, send a written acknowledgment to the complaining party that the
					 complaint has been received and identifying the name, address, and telephone
					 number of the investigator assigned to the complaint;
(2) Within 15 days after receipt of the
					 complaint, provide the affected contractor with the notice required under Labor
					 Code section
					 1775(c)
					 if the complaint is against a subcontractor;
(3) Notify the complaining party in writing
					 of the resolution of the complaint within ten days after the complaint has been
					 resolved by the Labor Compliance Program;
(4) Notify the complaining party in writing
					 at least once every 30 days of the status of a complaint that has not been
					 resolved by the Labor Compliance Program; and
(5) Notify the complaining party in writing
					 at least once every 90 days of the status of a complaint that has been resolved
					 by the Labor Compliance Program but remains under review or in litigation
					 before another entity.
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 5 - Enforcement › Section 16435 - Withholding Contract Payments when Payroll Records Are Delinquent or Inadequate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Withhold" means to cease payments by the
					 Awarding Body, or others who pay on its behalf, or agents, to the general
					 contractor. Where the violation is by a subcontractor, the general contractor
					 shall be notified of the nature of the violation and reference made to its
					 rights under Labor Code Section
					 1729.
(b) "Contracts." Except as otherwise provided
					 by agreement, only contracts under a single master contract, including a
					 Design-Build contract, or contracts entered into as stages of a single project,
					 may be the subject of withholding.
(c) "Delinquent payroll records" means those
					 not submitted on the date set in the contract.
(d) "Inadequate payroll records" are any one
					 of the following:
(1) A record lacking any of
					 the information required by Labor Code Section
					 1776;
(2) A record which contains all of the
					 required information but is not certified, or is certified by someone who is
					 not an agent of the contractor or subcontractor;
(3) A record remaining uncorrected for one
					 payroll period, after the Labor Compliance Program has given the contractor or
					 subcontractor notice of inaccuracies detected by audit or record review.
					 However prompt correction will stop any duty to withhold if such inaccuracies
					 do not amount to 1 percent of the entire Certified Weekly Payroll in dollar
					 value and do not affect more than half the persons listed as workers employed
					 on that Certified Weekly Payroll, as defined in Labor Code Section
					 1776 and
					 section 16401 of Title 8 of the California
					 Code of Regulations.
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 5 - Enforcement › Section 16435.5 - Withholding Contract Payments when, After Investigation, IT is Established that Underpayment or Other Violation Has Occurred

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Withhold" and "contracts" have the same
					 meaning set forth in sections
					 16435(a) and
					 16435(b) of these
					 regulations.
(b) Where the
					 violation is by a subcontractor, the general contractor shall be notified of
					 the nature of the violation and reference made to its rights under Labor Code
					 Section
					 1729.
(c) "Amount equal to the underpayment" is the
					 total of the following determined by payroll review, audit, or admission of
					 contractor or subcontractor:
(1) The
					 difference between amounts paid workers and the correct General Prevailing Rate
					 of Per Diem Wages, as defined in Labor Code Section
					 1773, and
					 determined to be the prevailing rate due workers in such craft, classification
					 or trade in which they were employed and the amounts paid;
(2) The difference between amounts paid on
					 behalf of workers and the correct amounts of Employer Payments, as defined in
					 Labor Code Section
					 1773.1 and
					 determined to be part of the prevailing rate costs of contractors due for
					 employment of workers in such craft, classification or trade in which they were
					 employed and the amounts paid;
(3)
					 Estimated amounts of "illegal taking of wages";
(4) Amounts of apprenticeship training
					 contributions paid to neither the program sponsor's training trust nor the
					 California Apprenticeship Council;
(5) Estimated penalties under Labor Code
					 Sections
					 1775,
					 1776, and
					 1813.
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 5 - Enforcement › Section 16436 - Forfeitures Requiring Approval by the Labor Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section and section
					 16437 below, "forfeitures" means
					 the amount of wages, penalties, and forfeitures assessed by the Labor
					 Compliance Program and proposed to be withheld pursuant to Labor Code section
					 1771.6(a),
					 and includes the following:
(1) the
					 difference between the prevailing wage rates and the amount paid to each worker
					 for each calendar day or portion thereof for which each worker was paid less
					 than the prevailing wage rate by the contractor or subcontractor; and
(2) penalties assessed under Labor Code
					 Sections
					 1775,
					 1776 and
					 1813.
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 5 - Enforcement › Section 16438 - Deposits of Penalties and Forfeitures Withheld

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the involvement of the Labor
					 Commissioner has been limited to a determination of the actual amount of
					 penalty, forfeiture or underpayment of wages, and the matter has been resolved
					 without litigation by or against the Labor Commissioner, the Labor Compliance
					 Program shall deposit penalties and forfeitures with the Awarding
					 Body.
(b) Where collection of
					 fines, penalties or forfeitures results from administrative proceedings or
					 court action to which the Labor Commissioner and Awarding Body or its Labor
					 Compliance Program are both parties, the fines, penalties or forfeitures shall
					 be divided between the general funds of the state and the Awarding Body, as the
					 Hearing Officer or court may decide.
(c) All penalties recovered in administrative
					 proceedings or court action brought by or against the Labor Commissioner and to
					 which the Awarding Body or its Labor Compliance Program is not a party, shall
					 be deposited in the general fund of the state.
(d) All wages and benefits which belong to an
					 employee and are withheld or collected from a contractor or subcontractor,
					 either by withholding or as a result of administrative proceedings or any court
					 action, and which have not been paid to the employee or irrevocably committed
					 on the employee's behalf to a benefit fund, shall be deposited with the Labor
					 Commissioner, who shall handle such wages and benefits in accordance with Labor
					 Code Section
					 96.7.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment of section and NOTE filed 10-19-2004; operative 11-18-2004 (Register
						2004, No. 43).
Note: Authority cited: Section
						  1773.5, Labor
						  Code. Reference: Sections
						  96.7,
						  1771.6 and
						  1775, Labor
						  Code.
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 5 - Enforcement › Section 16439 - Request for Review of a Labor Compliance Program Enforcement Action; Settlement Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A contractor or subcontractor may request
					 a settlement meeting pursuant to Labor Code Section
					 1742.1(b)
					 and may request review of a Labor Compliance Program enforcement action in
					 accordance with Labor Code Sections
					 1771.6(b)
					 and
					 1742 and the
					 regulations found at sections
					 17201-17270 of Title 8 of the
					 California Code of Regulations. The Labor Compliance Program shall have the
					 rights and responsibilities of the Enforcing Agency (as defined in section
					 17202(f) of Title
					 8 of the California Code of Regulations), in responding to such a request for
					 review, including but not limited to the obligations to serve notices, transmit
					 the Request for Review to the hearing office, and provide an opportunity to
					 review evidence in a timely manner, to participate through counsel in all
					 hearing proceedings, and to meet the burden of establishing prima facie support
					 for the Notice of Withholding of Contract Payments.
(b) If a contractor or subcontractor seeks
					 review of a Labor Compliance Program enforcement action, the Labor Commissioner
					 may intervene to represent the Awarding Body, or to enforce relevant provisions
					 of the Labor Code consistent with the practice of the Labor Commissioner, or
					 both.
(c) Except in cases where the
					 Labor Commissioner has intervened pursuant to subpart (b) above, the Labor
					 Compliance Program shall have the authority to prosecute, settle, or seek the
					 dismissal of any Notice of Withholding of Contract Payments issued pursuant to
					 Labor Code Section
					 1771.6 and any
					 review proceeding under Labor Code Section
					 1742, without
					 any further need for approval by the Labor Commissioner. Whenever a Labor
					 Compliance Program settles in whole or in part or seeks and obtains the
					 dismissal of a Notice of Withholding of Contract Payments or a review
					 proceeding under Labor Code Section
					 1742, the Labor
					 Compliance Program shall document the reasons for the settlement or request for
					 dismissal and shall make that documentation available to the Labor Commissioner
					 upon request.
1. New
						section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).
2.
						Amendment of section heading, section and NOTE filed 10-19-2004; operative
						11-18-2004 (Register 2004, No. 43).
3. Amendment of section heading
						and section filed 12-22-2008; operative 1-21-2009 (Register 2008, No.
						52).
Note: Authority cited: Sections
						  54,
						  55,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Sections
						  1742,
						  1742.1(b)
						  and
						  1771.6, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 4.5 - Compliance Monitoring and Enforcement by Department of Industrial Relations › Article 1 - Notices, Fees, and Fee Waivers › Section 16453 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
2. Repealer 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.
3. Repealer
						refiled 5-2-2011 as an emergency, including amendment of NOTE; 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.
4. Repealer 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).
5.
						Certificate of Compliance as to 8-1-2011 order, including amendment of section
						heading, reservation of section and amendment of NOTE, transmitted to OAL
						10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No.
						49).
Note: Authority cited: Section
						  1771.3,
						  1771.5 and
						  1773.5, Labor
						  Code.