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 2 - Compliance Monitoring by Labor Commissioner › Section 16460 - Establishment of Compliance Monitoring Unit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of carrying out the
					 specific labor compliance monitoring and enforcement responsibilities
					 prescribed by Labor Code Section
					 1771.55 and the
					 regulations in this Article, the Labor Commissioner shall establish a
					 Compliance Monitoring Unit within the Division of Labor Standards Enforcement.
					 The functions carried out by the Compliance Monitoring Unit shall be in
					 addition to and shall not limit or supplant the other public works
					 investigation and enforcement responsibilities and authority of the Labor
					 Commissioner and the Division of Labor Standards Enforcement under any other
					 statute or regulation.
(b) Nothing
					 in this subchapter shall be construed as (1) limiting the responsibility and
					 authority of an Awarding Body to take cognizance of prevailing wage violations
					 under Labor Code Section
					 1726 and take
					 any appropriate action pursuant to and in accordance with that responsibility
					 and authority, or (2) precluding any other remedies otherwise authorized by law
					 to remedy violations of Division 2, Part 7, Chapter 1 of the Labor
					 Code.
(c) The failure of the
					 Compliance Monitoring Unit, the Division of Labor Standards Enforcement, or any
					 other part of the Department of Industrial Relations to comply with any
					 requirement imposed by this subchapter shall not of itself constitute a defense
					 to the failure to pay prevailing wages or to comply with any other obligation
					 imposed by Division 2, Part 7, Chapter 1 of the Labor Code.
1. New
						article 2 (sections
						16460-16464) and section filed
						6-29-2010; operative 8-1-2010 pursuant to Government Code section
						11343.4(b)
						(Register 2010, No. 27).
2. Repealer of article 2 (sections
						16460-16464) and section 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						language will be repealed by operation of law on the following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 of article 2 (sections
						16460-16464) and section refiled
						5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A
						Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency
						language will be repealed by operation of law on the following
						day.
4. Repealer of article 2 (sections
						16460-16464) and section 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.
						Reinstatement of article 2 (sections
						16460-16464) and section as they
						existed prior to 11-4-2010 emergency repeal by operation of Government Code
						section
						11346.1(f)
						(Register 2011, No. 49).
Note: Authority cited: Sections
						  54,
						  55,
						  1771.55 and
						  1773.5, Labor
						  Code. Reference: Sections
						  1726,
						  1741,
						  1771.2,
						  1771.5,
						  1771.55 and
						  1781, Labor
						  Code.