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 16437 - Determination of Amount of Forfeiture by the Labor Commissioner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the Labor Compliance Program
					 requests a determination of the amount of forfeiture, the request shall include
					 a file or report to the Labor Commissioner which contains at least the
					 information specified in subparts (1) through (9) below. Appendix D is a
					 suggested format for a Request for Approval of Forfeiture under this section.
(1) Whether the public work has been accepted
					 by the awarding body and whether a valid notice of completion has been filed,
					 the dates if any when those events occurred, and the amount of funds being held
					 in retention by the Awarding Body;
(2) Any other deadline which if missed would
					 impede collection;
(3) Evidence of
					 violation, in narrative form;
(4)
					 Evidence of violation obtained under section
					 16432 of these regulations and a
					 copy of the Audit prepared in accordance with section
					 16432(e) setting
					 forth the amounts of unpaid wages and applicable penalties;
(5) Evidence that before the forfeiture was
					 sent to the Labor Commissioner (A) the contractor and subcontractor were given
					 the opportunity to explain why there was no violation, or that any violation
					 was caused by good faith mistake and promptly corrected when brought to the
					 contractor or subcontractor's attention, and (B) the contractor and
					 subcontractor either did not do so or failed to convince the Labor Compliance
					 Program of its position;
(6) Where
					 the Labor Compliance Program seeks not only wages but also a penalty as part of
					 the forfeiture, and the contractor or subcontractor has unsuccessfully
					 contended that the cause of violation was a good faith mistake that was
					 promptly corrected when brought to the contractor or subcontractor's attention,
					 a short statement should accompany the proposal for a forfeiture, with a
					 recommended penalty amount pursuant to Labor Code Section
					 1775(a);
(7) Where the Labor Compliance Program seeks
					 only wages or a penalty less than $50 per day as part of the forfeiture because
					 the contractor or subcontractor has successfully contended that the cause of
					 the violation was a good faith mistake that was promptly corrected when brought
					 to the contractor or subcontractor's attention, the file should include the
					 evidence as to the contractor or subcontractor's knowledge of his or her
					 obligation, including the program's communication to the contractor or
					 subcontractor of the obligation in the bid invitations, at the prejob
					 conference agenda and records, and any other notice given as part of the
					 contracting process. With the file should be a statement, similar to that
					 described in (6), and recommended penalty amounts, pursuant to Labor Code
					 Section
					 1775(a);
(8) The previous record of the contractor and
					 subcontractor in meeting their prevailing wage obligations; and
(9) Whether the Labor Compliance Program has
					 been granted approval on only an interim or temporary basis under sections
					 16425 or
					 16426 above or whether it has been
					 granted extended approval under section
					 16427 above.