2013-16 RESOLUTION NO. 2013-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA, TO ESTABLISH A
LABOR COMPLIANCE PROGRAM
WHEREAS, Public Resource Code Section 75075 requires a body that awards any
contract for a public works project financed in any form by funds made available
pursuant to Proposition 84, to adopt and enforce, or contract with a third party to
enforce, a Labor Compliance Program pursuant to Subdivision (b) of Labor Code
Section 1771.5; and
WHEREAS, the City of Grand Terrace seeks to establish a Department of Industrial
Relations in-house Labor Compliance Program approved by the Department of
Industrial Relations; and
WHEREAS, the City of Grand Terrace may utilize the services of a Labor Compliance
Program consulting firm to initiate or enforce its Labor Compliance Program, should it
be approved by the Department of Industrial Relations; and
r� WHEREAS, the purpose of the Labor Compliance Program is to ensure that
construction contractors comply with the prevailing wage and other applicable labor
laws; and
WHEREAS, the City of Grand Terrace has entered into a contract with Albert A. Webb
Associates to design and manage construction of the Grand Terrace Fitness Park, a
public works project; and
WHEREAS, Albert A. Webb Associates has hired Labor Compliance Providers, Inc. to
provide labor compliance services for the Grand Terrace Fitness Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand
Terrace hereby establishes the Labor Compliance Program, attached hereto as
Attachment "A" and incorporated herein by this reference, to monitor and enforce
contractors' compliance with California labor and apprenticeship laws for its public
works construction projects financed in any part by Proposition 84.
PASSED, APPROVED AND ADOPTED this 26th day of March, 2013.
ATTEST:
City Clerk the City of Gra errace Mayor of the f Grand Terrace
I, TRACY MARTINEZ, City Clerk of the City of Grand Terrace, do hereby certify that
Resolution No. 2013-16, was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace on the 26th day of March, 2013, by the following
vote:
AYES: Councilmembers McNaboe, Mitchell and Robles; Mayor Pro Tem Sandoval and
Mayor Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
l Approved as to Form:
17
City Attorney
Attachment "A"
CITY OF GRAND TERRACE
LABOR COMPLIANCE PROGRAM
March 2013
Conforms to Labor Compliance Program 2009 Amendments
LABOR COMPLIANCE PROGRAM
TABLE OF CONTENTS
Pages
INTRODUCTION...............................................................................................................................................3
SECTION 1: PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS ....................................................4
A. Application.................................................................................................................................................4
B. Applicable Dates for Enforcement of a Labor Compliance Program..........................................................4
SECTION 2: COMPETITIVE BIDDING ON PUBLIC WORKS CONTRACTS ..:................................................4
SECTION3: JOB START MEETING ................................................................................................................4
SECTION 4: INVESTIGATIVE METHODS........................................................................................................5
A. Certified Payroll Records Required...........................................................................................................5
1. Submittal of Certified Payroll Records....................................................................................................6
2. Use of Electronic Reporting Forms................................................................:........................................6
3. Review Payroll Records................................................................................::.......................................7
4. Confirmation of Payroll Records.............................................................................................................7
5. On-Site Visits.........................................................................................................................................7
6. Full Accountability......................................................................................................:...........................8
7. Responsibility for Subcontractors............................................................................................................8
8. Payment to Employees..........................................................................................................................8
9. Requests for Certified Payroll Records ..................................................................................................8
B. Apprentices............................................................................................................................................ 11
1. Contractor Responsibility..................................................................................................................... 11
2. Duties of a Labor Compliance Program with Respect to Apprenticeship Standards............................. 11
C. Audit of Certified Payroll Records..................................................................................7......................... 12
SECTION 5: REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER......................... 13
A. Failure to Comply with Prevailing Wage Rate Requirements .................................................................... 13
B. Falsification of Payroll Records, Misclassification of Work, and/or Failure to Accurately Report Hours of
Work..........................................................................................:............................................................ 13
C. Failure to Submit Certified Payroll Records............................................................................................. 13
D. Failure to Make Employer Payments ...................................................................................................... 14
E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices ........... 14
F. Taking or Receiving Portions of Wages of Workmen or Working Subcontractors as Felony ................... 14
SECTION6: ENFORCEMENT ACTION ......................................................................................................... 14
A. Duty of the Labor Compliance Program .....................................................::........................................... 14
B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate............................ 16
C. Withholding Contract Payments When, After Investigation, It Is Established That Underpayment or-Other
ViolationHas Occurred. .......................................................................................................................... 17
D. Forfeitures Requiring Approval by the Labor Commissioner ................................:.................................. 18
E. Determination of Amount of Forfeiture by the Labor Commissioner(Title 8 CCR §16437)...................... 18
F. Notice of Withholding..............................................................................................................................20
G. Deposits of Penalties and Forfeitures Withheld.......................................................................................20
H. Debarment Policy
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SECTION 7: REQUEST FOR REVIEW OF LCP ENFORCEMENT ACTION/SETTLEMENT AUTHORITY..214
SECTION 8: PRIORITY DOSTRIBUTION OF FORFEITED SUMS.....................................................:...........23
A. Withholding of Forfeited Sums................................................................................................................23
B. Disposition of Forfeited Sums .................................................................................................................23
SECTION9: ANNUAL REPORTS ..................................................................................................................23
SECTION10: OUTREACH ACTIVITIES.........................................................................................................24
ATTACHMENTS......................................................................................................................................:......25
ATTACHMENT A- CHECKLIST OF LABOR LAW REQUIREMENTS.........................................................26
ATTACHMENT B - COMPLIANCE MONIROTING & AUDIT RECORD WORKSHEETS.............................28
ATTACHMENT C - REQUEST FOR APPROVAL OF FORFEITURE...........................................................35
ATTACHMENT D - NOTICE OF WITHHOLDING CONTRACT PAYMENTS ................................................40
ATTACHMENT E - NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO
DELINQUENT OR INADEQUATE PAYROLL RECORDS.......................................................................43
ATTACHMENT F- CERTIFID PAYROLL RECORD (CPR) TEMPLATE..........................................:...........47
ATTACHMENT G -ANNUAL REPORT LCP-AR1 TEMPLATE FORM........................................................49
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City of Grand Terrace
LABOR COMPLIANCE PROGRAM
Conforms to Labor Compliance Program 2009 Amendments
INTRODUCTION
The City of Grand Terrace (CITY) issues this Labor Compliance Program (LCP) for the purpose of identifying
its policy relative to the responsibilities and procedures applicable to the labor-compliance provisions of state
and federally funded construction contracts. This program contains the labor compliance standards required by
state and federal laws, regulations& directives.'
The California Labor Code § 1770 et seq. require that building trades contractors on public works pay their
workers based on the prevailing wage rates, which are established and issued by the Department of Industrial
Relations,Division of Labor Statistics and Research.
The CITY has adopted this LCP to meet any-Labor Compliance mandates on its public works projects. The
CITY administers this LCP for monitoring the prevailing wage rates.paid to construction workers on the
CITY's public works projects. This LCP assures that all contractors and subcontractors comply with the
prevailing wage,.certified payroll record laws and apprenticeship standards pursuant to the Labor Code §1710
thru §1861.
In establishing this LCP, the CITY adheres to the statutory requirements as promulgated in §1771.5 (b) of the
California Labor Code.
Further it is the intent of the CITY to actively enforce this LCP wherein the construction sites shall be
' monitored for worker classification, apprenticeship standards, the payment of prevailing wage rates and,
wherein those contractors and subcontractors having workers on public works sites routinely submit copies of
certified payroll records and any other documents required for verification, demonstrating their compliance with
the payment of prevailing wage rates.
Questions regarding this Labor Compliance Program should be directed to:
Name: James Reed
Labor Compliance Providers, Inc.
Labor Compliance Administrator to the City of Grand Terrace for its Prop.84-funded New
Community Park Project
Phone: (951) 686-3482
E-mail: inbox@mylcp.org
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SECTION 1: PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS
A. Application
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, and include, but are not limited to, such types of work as construction, alteration,
demolition, repair, or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermine
the appropriate prevailing wage rates for particular construction trades and crafts by county.
B. Applicable Dates for Enforcement of a Labor Compliance Program
The applicable dates for enforcement of this Labor Compliance Program are established by Section 16426 of.
the California Code of Regulations. Contracts are not subject to the jurisdiction of the Labor Compliance
Program until after the program has received initial approval or approved status.
SECTION 2: COMPETITIVE BIDDING ON PUBLIC WORKS CONTRACTS
The CITY shall publicly advertise upcoming public works projects to be awarded according to a competitive.
bidding process. Further information regarding the requirements of the bidding process may be obtained
from the Bid Processing Section. All bid advertisements (or bid invitations) and public works contracts shall
contain appropriate language concerning the requirements of chapter 1 of part 7 of division 2 of the State
Labor Code.
SECTION 3: JOB START MEETING
After the award of the public works contract, and prior to the commencement of the work, a mandatory Job
` Start meeting (Pre-Job Labor Compliance Conference) shall be conducted by the CITY's LCP representative with
the contractor, subcontractors and any entity providing labor at the site of the work.Applicable Federal and
State labor law requirements shall be discussed and suggested reporting forms provided.
At the Pre-Job Labor Compliance Conference the LCP representative will provide the contractor and each
subcontractor with a Checklist of Labor Law Requirements (presented as Attachment A on pages 23 - 24) and
will discuss in detail the following checklist items:
1. The contractor's & subcontractors duty to pay prevailing wages (Labor Code Section 1771, et seq.);
2. The contractor's & subcontractor's duty to employ registered apprentices on public works projects(Labor
Code Section 1777.5);
3. The penalties for failure to pay prevailing wages (for nonexempt projects) and to employ apprentices,
including forfeitures and debarment (Labor Code Sections 1775 and 1777.7& 1813);
4. The requirement to maintain and submit copies of certified payroll records to the Labor Compliance Group
upon request at least monthly or within (10 days) of request by the awarding body. (Labor Code Section
1776), and penalties for failure to do so (Labor Code Section 1776(h));
5. The prohibition against employment discrimination (Labor Code Sections 1735 and 1777.6;the Government
l Code; and Title VII of the Civil Rights Act of 1964, as amended);
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6. The prohibition against taking or receiving a portion of an employee's wages (Labor Code Section .1778);
7. The prohibition against accepting fees for registering any person for public works (Labor Code Section 1779)
or for filing work orders on public works (Labor Code Section 1780);
8. The requirement to list all subcontractors that are performing 1/2 of one percent of the total amount of the
contract (Government Code Section 4100, et seq.);
9.The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the
penalty for employing workers while unlicensed (Labor Code Section 1021 and 1021.5, and Business and
Professions Code Section 7000, et seq., under California Contractors,License Law);
10.The prohibition against unfair competition (Business and Professions Code Sections 17200-17208);
11.The requirement that the contractor&subcontractor be properly insured for Workers' Compensation
(Labor Code Section 1861);
12.The requirement that the contractor abide by the Occupational Safety and Health laws and regulations that
apply to the particular public works project; and
13. The federal prohibition against hiring undocumented workers, and the requirement to secure proof of
eligibility and citizenship from all workers.
14. The requirement that all employees be given an itemized wage deduction statement with each payment of
wages (Labor Code Section 226 et. seq).
The contractors and subcontractors attending the Job Start meeting will be given the opportunity to ask
questions of the LCP representative relative to the items contained in the Labor Law Requirements Checklist.
The checklist will then be signed by the contractor's/subcontractors.authorized representative and the CITY's
LCP representative. Signed copies from each conference shall be kept on file.
At the Job Start meeting,the LCP representative will provide the contractor with a copy of the LCP package
which includes: a.copy of the approved Labor Compliance Program,the checklist of Labor Law Requirements,
applicable Prevailing Wage Determinations, blank certified payroll record forms, fringe benefit statement forms,
state apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public Agencies
(Part 7, Chapter 1, § 1720-1861).It will be the contractor's responsibility to provide copies of the LCP package
to all listed subcontractors and to any substituted subcontractors.
SECTION 4: INVESTIGATIVE METHODS
A. Certified Payroll Records Required
The contractor shall maintain payrolls and basic records (timecards, canceled checks, cash receipts,trust
fund forms, accounting ledgers,tax forms, superintendent and foreman daily logs, etc.) during the course
of the work and shall preserve them for a period of three (3) years thereafter for all trades workers working .
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at the public works project sites in accordance with Labor Code§1776. Such records shall include the name,
address, and social security number of each worker, his or her classification, a general description of the
work.each employee performed each day,the rate of pay(including rates of contributions for, or costs to
�- provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages
paid.
California Code of Regulations §16401(a) stipulates 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 420603 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). The wording /format for the
Certified Payroll Record's Statement of Compliance acceptable by the CITY is included herein under
Attachment F.
1.. Submittal of Certified Payroll Records
The contractor shall maintain weekly certified payroll records for submittal to the CITY's labor
compliance office on a weekly basis. The contractor shall be responsible for the submittal of payroll
records of all its subcontractors. All certified payroll records shall be accompanied by a statement of
compliance signed by.the contractor indicating that the payroll records are correct and complete, and
the wage rates contained therein are not less than those determined by the Director of the Department
of Industrial Relations, and that the classifications set forth for each employee conform with the work
performed by each employee.
The certified payroll records submitted pursuant to this section shall be on forms provided by the
Division of Labor Standards Enforcement (A-1-131) or shall contain the same information. Forms
missing any information as required on DLSE form (A-1-131) may be determined inadequate and
subject to withholding under section 1771.5 (b)(5) and §16435 (d) of Title 8 of the California Code of
Regulations, and as further described in section 6 (B) of this manual. Employer payments (fringe
benefits) when taken as a credit against the prevailing per diem wages shall be identified on.form PW26
and submitted with the first certified payroll report and any subsequent certified payroll report where
wages or employer payments have changed.
Time cards, front and back copies of cancelled checks, daily logs, employee sign-in sheets and/or other
records maintained for the purpose of reporting payroll may be requested by the LCP at any time and
shall be provided within 10 days following the receipt of the request.
2. Use of Electronic Reporting Forms
The certified payroll records required by Labor Code Section 1776 may be maintained and submitted
electronically subject to all of the following conditions:
l
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(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 the CITY, 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.
3. Review Payroll Records
Payroll. records submitted by contractors and subcontractors, shall be reviewed by the CITY's LCP staff
as promptly as practicable after receipt thereof, but in no event more than (30) days after receipt.
"Review" for this purpose shall be defined as inspection of the records to determine if(1) all appropriate
data elements identified in Labor Code §1776 (a) have been reported; (2) certification forms have been
completed and signed in compliance with Labor Code §1776 (b); and (3)the correct prevailing wage
rates have been reported as paid for each classification of labor listed thereon, with confirmation of
payment in the manner and to the extent described below.
4. Confirmation of Payroll Records
Pursuant to California Code of Regulations 16432(c), "confirmation" of payroll records furnished by
contractors and subcontractors shall be defined as an independent corroboration of reported prevailing
wage payments. Confirmation may be.accomplished through worker interviews, examination of
paychecks or paycheck stubs, direct confirmation of payments from third party recipients of"Employer
Payments" (as defined at section 16000 of Title 8 of the California Code of Regulations), or any other
reasonable method of corroboration. For each month in which a contractor or subcontractor reports
having workers employed on the public work, confirmation of furnished payroll records shall be
undertaken randomly for at least one worker for at least one weekly period within that month.
Confirmation shall also be undertaken whenever complaints from workers or other interested persons
or other circumstances or information reasonably suggest to the Labor Compliance Program that
payroll records furnished by a contractor or subcontractor are inaccurate.
5.On-Site Visits
Representatives of the LCP shall conduct in-person inspections at the site or sites at which the contract
for public work is being performed ("On-Site Visits"). On-Site Visits may be undertaken randomly or as
7
deemed necessary by the Labor Compliance Program, but shall be undertaken during each week that
workers are present.at sites at which the contract for public work is being performed. All On-Site Visits
shall include visual inspection of(1) the copy of the determinations) of the Director of Industrial
Relations of the prevailing wage rate of per diem wages required to be posted at each job site in
compliance with Labor Code Section 1773.2, and (2) the Notice of Labor Compliance Program Approval
required to be posted at the job site in accordance with California Code of Regulations §16429, listing a
telephone number to call for inquiries, questions, or assistance with regard to the LCP. On-Site Visits
may include other activities deemed necessary by the LCP to independently corroborate prevailing
wage payments reported on payroll records furnished by contractors and subcontractors.
6. Full Accountability
Each individual, laborer or craftsperson working on a public works contract must appear on the payroll.
The basic concept is that the employer who pays the trades'worker must report that individual on its
payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner-operators
are to be reported by the contractor employing them; rental equipment operators are to be reported by
the rental company paying the workers'wages. Sole owners and partners who work on a contract must
also submit a certified payroll record listing the days and hours worked,and the trade classification
descriptive of the work actually done. The contractor shall make the records required under this section
available for inspection by an authorized representative of the LCP and the Department of Industrial
Relations, and shall permit such representatives to interview trades workers during hours on the project
site.
7. Responsibility for Subcontractors
The contractor shall be responsible for ensuring adherence to labor standards provisions by its
subcontractors in the manner specified by Labor Code Section 1775
a.The contractor shall monitor the payment of the specified general prevailing per diem wages by each
subcontractor to its employees by weekly review of the subcontractor's certified payroll records.
b. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages,the
contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited
to, retaining sufficient funds due the subcontractor for work performed on the public works project
(upon receipt of notification that a wage complaint has been resolved, the contractor shall pay any
money retained from and owed to a subcontractor).
c. Prior to making final payment to the subcontractor for work performed on the public works project,
the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor-that the
subcontractor has paid the general prevailing rate of per diem wages to its employees on the public
works project, as well as any penalties, which have been imposed for working hours violations (Labor
Code § 1813).
8. Payment to Employees
a. Employees must be paid unconditionally, and not less often than once each week, the full amounts
that are due and payable for the period covered by the particular payday. An employer must,therefore,
8
establish a fixed workweek (i.e., Sunday through Saturday) and an established payday (such as Friday or
the preceding day should such payday fall on a holiday). On each and every payday, each worker must
be paid all sums due as of the end of the preceding workweek and must be provided with an itemized
wage statement.
b.If an individual is called a subcontractor, when, in fact, he/she is merely a journey level mechanic
supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and
must be reported on the payroll of the contractor who contracted for his or her services as a trade's
worker.
c. Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor, and
anyone hired by that person is the worker or employee of the contractor who contracted for his or her
services for purposes of prevailing wage requirements, certified payroll &workers compensation laws.
d.A worker's rate for straight time hours must be equal to or exceed the rate specified.in the contract
by reference to the Prevailing Wage Rate Determinations for the class of work actually performed.- Any
work performed on Saturday, Sunday, and/or a holiday, or a portion thereof, must be paid the
prevailing rate established for those days regardless of the fixed workweek. The hourly rate for hours
worked in excess of 8 hours in a day or 40 hours in a workweek shall be premium pay. All work
performed in excess of eight hours per day,40 hours per week, on Saturday, on.Sunday, and on holiday
shall be paid in accordance with the.applicable Prevailing Wage Determination.
9. Requests for Certified Payroll Records
Pursuant-to California Code of Regulations §16400:
(a) Requests may be made by any person for certified copies of payroll records. Requests shall be made
to'any of the following:
(1j the body awarding the contract, or
(2) any office of the Division of Labor Standards Enforcement, or the Division of Apprenticeship
8Standards.
(b) Requests for certified copies of payroll records pursuant to Section 1776 of the Labor Code may be
made by any person. However, any such request shall be in writing and contain at least the following
information:
(1) The body awarding the contract;
(2) The contract number and/or description;
(3) The particular job location if more than one;
(4) The name of the contractor;
(5) The regular business address, if known.
NOTE: Requests for records of more than one contractor of subcontractor must list the information
regarding that contractor individually, even if all requests pertain to the same particular public works
project. Blanket requests covering an entire public works project will not be accepted; unless contractor
and subcontractor responsibilities regarding the project are not clearly defined.
(c) Acknowledgment of Request.The public entity receiving a request for payroll records shall
acknowledge receipt of such, and indicate the cost of providing the payroll records based on an
9
estimate by the contractor, subcontractor or public entity. The acknowledgment of the receipt of said
request for payroll records may be accomplished by the public entity's furnishing a copy of its written
correspondence requesting certified copies of the payroll records sent to the specific contractor
pursuant to Section 16400(d) below, to the person who requested said records.
(d) Request to Contractor.The request for copies of payroll records by the requesting public entity shall
be in any form and/or method which will assure and evidence receipt thereof.The request shall include
the following:
(1) Specify the records to be provided and the form upon which the information is to be
provided;
(2) Conspicuous notice of the following:
(A)that the person certifying the copies of the payroll records is, if not the contractor,
considered as an agent acting on behalf of the contractor; and
(B) that failure to provide certified copies of the records to the requesting public entity .
within 10 working days of the receipt of the request will.subject the contractor to a
penalty of twenty-five ($25.00) dollars per calendar day or portion thereof for each
worker until strict compliance is effectuated;
(3) Cost of preparation as provided in Section 16402; and
(4) Provide for inspection.
(e) Inspection of Payroll Records.Inspection of the original payroll records at the office of the
contractor(s) pursuant to subdivision (b) of Section 1776 of the Labor Code shall be limited to the
public entities upon reasonable written or oral notice.
Pursuant to California Code of Regulations §16402: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.
Pursuant to California Code of Regulations §16403 (Privacy Considerations):
(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.
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B. Apprentices
Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide
apprenticeship program registered and approved by the State Division of Apprenticeship Standards. The
allowable ratio of apprentices to journeypersons in any craft/classification shall not be greater than the ratio
permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a
payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined
by the Department of Industrial Relations for the classification of the work he/she actually performed. A
journey level worker must always be present at the job site where an apprentice is performing the work of his
craft. Pre-apprentice trainees,trainees in non-apprenticeable crafts, and others who are not duly registered will
not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons.
1. Contractor Responsibility
The contractor shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or
Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the
wage rates required to be paid there under for the area'of construction, prior to using any apprentices
in the contract work.
Compliance with California Labor Code § 1777.5 require all public works contractors and subcontractors
to do the following when apprenticeable crafts are employed on the project:
a. Prior to commencing work on a contract for public works, every contractor shall submit Contract
Award Information to an applicable apprenticeship program that can supply apprentices to the site of
the public work. The form DAS 140 can be used for this purpose.
b. Employ apprentices on public works projects in a ratio to journeypersons as stipulated in the
apprenticeship standards under which each apprenticeship-committee operates, but in no case shall the
ratio be less than one (1) apprentice to each five (5)journeypersons unless a lower/higher ratio is
allowed via exemption for a particular craft;
c. Contribute to the training fund in the amount identified in the prevailing wage rate publication for
journeypersons and apprentices. Where the trust fund_administrators cannot accept the contributions,
then payment shall be made to the California Apprenticeship Council, Post Office Box 420603, San
Francisco, CA 94142; and
d.It should be noted that a prior approval for a specified project does not confirm approval to train on
any other project. The contractor/subcontractor must check with the applicable Joint Apprenticeship
Committee to verify status.
2 Duties of a Labor Compliance Program with Respect to Apprenticeship Standards
a.The CITY's LCP staff shall:
1. Inform contractors and subcontractors bidding public works of the apprenticeship requirements
defined in Labor Code 1777:5 and CCR 230, 230.1;
- 2. Send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards
as required under Section 1773.3 of the Labor Code, and
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3. Refer complaints and promptly report suspected violations of apprenticeship requirements to
the Division of Apprenticeship Standards.
b.The CITY's LCP staff shall be responsible for enforcing prevailing wage pay requirements for
apprentices consistent with the practice of the Labor Commissioner, including:
1. That any contributions required pursuant to Labor Code Section 1777.5(m) are paid to the
appropriate entity,
2. That apprentices are paid no less than the prevailing apprentice rate,
3. That workers listed and paid as apprentices on the certified payroll records are duly registered
as apprentices with the Division of Apprenticeship Standards, and
4. Requiring that the regular prevailing wage rate-be paid (i) to any worker who is not a duly
registered apprentice and (ii) for all hours in excess of the maximum ratio permitted under Labor
Code Section 1777.5(g), as determined at the conclusion of the employing contractor or
subcontractor's work on the public works contract.
C. Audit of Certified Payroll Records
1. An Audit, as defined herein, shall be prepared by the CITY's LCP staff whenever the LCP has determined that
there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of.
wages.-An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage
deficiencies for each underpaid worker, and including any penalties to be assessed under Labor Code
Sections 1775 and 1813, as determined by the LCP after consideration of the best information available as to
actual hours worked, amounts paid, and classifications of workers employed in connection with the public
work. Such available information may include, but is not limited to, worker interviews, complaints from
workers or other interested persons, all time cards, cancelled checks, cash receipts,trust fund forms, books,
documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work
schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner,
of funds to a person(s) by job classification and/or skill pursuant to a public works project.An Audit is
sufficiently detailed when it enables the Labor Commissioner, if requested to determine the.amount of
forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of.
the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of
wages to workers and of applicable penalties and forfeitures.An Audit using the forms in Appendix B,when
accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and
summarizing the nature of the violation and the basis upon which the determination of underpayment was
made, presumptively demonstrates sufficiency. Records supporting an Audit shall be-maintained by the
CITY's LCP to satisfy its burden of coming forward with evidence in administrative review proceedings under
Labor Code Section 1742 and the Prevailing Wage Hearing Regulations found at sections 17201-17270 of
Title 8 of the California Code of Regulations.
2. After the LCP has determined that violations of the prevailing wage laws have resulted in the underpayment
of wages and an audit has been prepared, notification shall be provided to the contractor and affected
subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of
forfeiture by the Labor Commissioner pursuant to these regulations.The contractor and affected
subcontractor shall be provided at least 10 days following such notification to submit exculpatory
information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i)
and (ii).If, based upon the contractor's submission, the LCP reasonably concludes that the:failure to pay the
correct wages was a good faith mistake, and has no knowledge that the contractor and affected
12
subcontractor have a prior record of failing to meet their prevailing wage obligations,the LCP shall not be
required to request the Labor Commissioner for a determination of the amount of penalties to be assessed
under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of
- such payment is submitted to the LCP. For each instance in which a wage deficiency is resolved in
accordance with this regulation, the LCP shall maintain a written record of the failure of the contractor or
subcontractor to meet its prevailing wage obligation.The record shall identify the-public works project,the
contractor or affected subcontractor involved, and the gross amount of wages paid to workers to resolve the
prevailing wage deficiency; and the record shall also include a copy of the Audit prepared pursuant to
subpart (e) above along with any exculpatory information submitted to the Labor Compliance Program by
the affected contractor or subcontractor.
SECTION 5: REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER
If an investigation reveals that a willful violation of the Labor Code has occurred,the LCP will make a written
report to the Labor Commissioner which shall include:
1. A detailed report which shall accurately describe the nature of the alleged violation and a.description of the
evidence which supports said allegations;
2. An audit consisting of a comparison of payroll records to the best available-information as to the actual
hours worked and wages paid;
3.The classification of workers employed on the public works contract, and any other additional investigative
information as may be required to clarify the audit. Reports will be submitted on all appropriate willful
violations including intent'to defraud and deliberate failure or refusal to comply with public works law. All
reports will include a recommendation regarding the appropriateness of debarment. Principal areas of
( concern include, but are not limited to,the following:
A. Failure to Comply with Prevailing Wage Rate Requirements
Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and CITY contracts)
may be determined a willful violation whenever less than the stipulated basic hourly rate is paid to trades
workers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than
stipulated. The facts related to such willful violations may result in a determination that the contractor
intended to defraud its employees of their wages.
B. Falsification of Payroll Records Misclassification of Work, and/or Failure to Accurately Report Hours
of Work
Falsification of payroll records and failure to accurately report hours of work is characterized by.deliberate
underreporting of hours of work; underreporting the headcount; stating that the proper prevailing wage rate
was paid when, in fact, it was not; clearly.misclassifying the work performed by the worker; and any other
deliberate and/or willful act which results.in the falsification or inaccurate reporting of payroll records. Such
violations are deemed to be willful violations.committed with the intent to defraud.
C. Failure to Submit Certified Payroll Records
The contractors and subcontractors shall have 10 days upon notification of the LCP representative in which to
comply with the requirement for submittal of weekly payroll records that are complete and accurate. Failure to
13
provide certified payroll records as prescribed, will result in the withholding of contract payments pursuant to
labor code §1771.5 (b)(5) and §16435 (d) of Title 8 of the California Code of Regulations and as further
described in Section 6 (B) of this manual.
D. Failure to Make Employer Payments
Employer payments are defined as the amounts stipulated for fringe benefits or trust fund contributions and
are determined to be part of the required prevailing wage rate. Failure to make employer payments or provide
fringe benefits and/or make trust fund contributions in a timely manner is equivalent to payment of less than
the stipulated wage rate and shall be reported to the Labor Commissioner, upon completion of an
investigation and audit.
E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices
Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered
is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor
Commissioner, as a willful violation, upon completion of an investigation and audit.
F. Taking or Receiving Portions of Wages of Workmen or Working Subcontractors as Felonv
Every person,who individually or as a-representative of the CITY, or as a contractor or subcontractor doing
public work, or agent or officer thereof, who takes, receives or conspires with another to take or receive, for his
own use.or the use of any other person any portion of the wages of any workman or working subcontractor, in
connection with services rendered upon any public work is guilty of a felony.
i
� SECTION 6: ENFORCEMENT ACTION
A. Duty of the Labor Compliance Program .
Pursuant to California Code of Regulations §16434, Duties of Labor Compliance Program:
(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;
14
(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.
(c) The duties of a Labor Compliance Program with_respect to apprenticeship standards are as follows:
(1) Either-the Awarding Body or the Labor Compliance Program acting on.its behalf shall
(A) inform contractors and subcontractors bidding public works about apprenticeship
requirements, (B) send copies of awards and notices of discrepancies to the Division of
Apprenticeship Standards as required under Section 1773.3 of the Labor Code, and (C) refer
complaints and promptly report suspected violations of apprenticeship requirements to the
Division of Apprenticeship Standards.
(2) The Labor Compliance.Program shall be responsible for enforcing prevailing wage pay
requirements for apprentices consistent with the practice of the Labor Commissioner, including:
(A) that any contributions required pursuant to Labor Code Section 1777.5(m) are paid to the
appropriate entity, (B) that apprentices are paid no less than the.prevailing apprentice rate,
(C) that workers listed and paid as apprentices on the certified payroll records are duly
registered as apprentices with the Division of Apprenticeship Standards, and (D) requiring.
that the regular prevailing wage rate be paid (i) to any worker who is not a duly registered
apprentice and (ii) for all hours in excess of the maximum ratio permitted under Labor Code
Section 1777.5(g), as determined at the conclusion of the employing contractor or
subcontractor's work on the public works contract.
(d) For each public work project subject to a Labor Compliance Program's enforcement of prevailing wage
requirements, a separate,written summary of labor compliance activities and relevant facts pertaining to
that particular project shall be maintained. That summary shall demonstrate that reasonable and sufficient
efforts have been made to enforce prevailing wage requirements consistent with the practice of the Labor
Commissioner. Appendix C following this section provides a suggested format for:tracking and monitoring
enforcement activities. Compliance records for a project shall be retained until the later of(1) at least one
year after the acceptance of the public work or five years after the cessation of all labor on a public work
that has not been accepted, or (2) one year after a final decision or judgment in any litigation under Labor
Code Section 1742. For purposes of this section, a written summary.or report includes information
maintained electronically, provided that the summary or report can be printed out in hard copy form or is in
an electronic format that (1) can be transmitted by e-mail or compact disk and (2) would be acceptable for
the filing of documents in a federal or state court of record within this state.
(e) The Labor Commissioner may provide, sponsor, or endorse training on how to enforce prevailing wage
15
requirements, including but not necessarily limited to the subjects of(1) ascertaining prevailing wage
requirements and rates from the Division of Labor Statistics and Research, (2) monitoring and investigation
under section 16432 above, (3) enforcement responsibilities under this section and sections 16435-16439
` below, and (4) procedural requirements and responsibilities as an enforcing agency under Labor Code
sections 1741-1743 and 1771.6 and sections 17201-17270 of Title 8 of the California Code of Regulations.
B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate
1. "Withhold" means to cease payments by the CITY, or others who pay on its behalf, or agents,to the
contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the
violation and reference made to its rights under Labor Code § 1729.A release bond under Civil Code § 3196
may not be posted for the release of the funds being withheld for the violation of the prevailing wage law.
2. "Contracts" except as otherwise provided by agreement, means only contracts under a single master
contract, including a design build contract or contracts entered into as stages of a single project,which
may be the subject of withholding pursuant to Labor Code Sections 1720, 1720.2, 1720.3, 1720.4, 1771 and
1771.5;
a. "Delinquent payroll records" means those not submitted on the basis set forth in the CITY's contract and
or the LCP;
b. "Inadequate payroll records" is any one of the following:
1. A record lacking the information required by Labor Code § 1776;
2. A record which contains all of the required information but which 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 a notice has been given to the contractor
or subcontractor of inaccuracies detected by audit or record review; provided, 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 § 1776 and §-16401 of Title 8 of
the California Code of Regulations.
.c.The withholding of contract payments when payroll records are delinquent or inadequate is required by
Labor Code §1771.5 (b)(5), and it does not require the prior approval of the Labor Commissioner.The
CITY shall only withhold those payments due or estimated to be due to the contractor or subcontractor
whose payroll records are delinquent or inadequate, plus any additional amount that the LCP has
reasonable cause to believe may be needed to cover a back wage and penalty assessment against the
contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a
contractor shall be required in-turn to cease all payments to a subcontractor whose payroll records are
delinquent or inadequate until the LCP provides notice that the subcontractor has cured the delinquency
or deficiency.
d.When contract payments are withheld under this section,the LCP shall provide the contractor and
subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a
statement that payments are being withheld due to delinquent or inadequate payroll records, and that
i identifies what records are missing or states why records that have been submitted are deemed
16
inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of
the right to request an expedited hearing to review the withholding of contract payments under Labor
Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the LCP
has exceeded its authority under this section.
e. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records
after the required records have been produced.
f.In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties
shall be assessed under Labor Code Section 1776(h) for failure to timely comply with a written request for
certified payroll records.The assessment of penalties under.Labor.Code Section 1776(h) does require the
prior approval of the Labor Commissioner under section 16436 of the California Code of Regulations.
C. Withholding Contract Payments When After Investigation It Is Established That Underpayment or
Other Violation Has Occurred.
1. "Withhold" and."contracts" have.the same meaning set forth in sections 16435(a) and 16435(b) of these
regulations.
2.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.
3. "Amount equal to the underpayment" is the total of the following determined.by payroll review, audit, or
admission of the contractor or subcontractor:
a. The difference between the amounts.paid to workers and the correct General Prevailing Wage Rate of Per
Diem Wages as defined in Labor Code §1773 and determined to be the.prevailing rate due workers in
such crafts, classifications or trade in which they were employed.
b. The difference between the amounts paid to workers and the correct amounts of employer payments, as
defined in Labor Code §1773 .1 and determined to be part of the prevailing wage costs of contractors due
for employment of workers in such craft, classification, or trade in which they were employed.
c. Estimated amounts of'.Illegal taking of wages"; and
d. Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor
the California Apprenticeship Council.
The withholding of contract payments when, after investigation, it is established that underpayment or other
violations have occurred requires the prior approval of the Labor Commissioner under sections 16436 and
16437 of the California Code of Regulations.
4. Provisions relating to the penalties under Labor Code Sections 1775, 1776,_1777.7, and 1813:
a. Pursuant to Labor Code §1775,the contractor shall, as a penalty to the CITY, forfeit not more than two
- hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the
prevailing.wages.
17
b. Pursuant to Labor Code § 1776(h),the contractor shall, as a penalty to the CITY, forfeit one hundred
dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is
effectuated. The assessment of penalties under this section does require the prior approval of the Labor
Commissioner under §16436 of Title 8 of the California Code of Regulations.
c. Pursuant to Labor Code § 1777.5, contractors and subcontractors are required to employ registered
apprentices on public works projects. Each contractor and subcontractor shall keep an accurate payroll
record relative to apprentices per §1776 of the Labor Code.
d.In situations involving overtime, the contractor shall, as an additional penalty to the CITY forfeit twenty-
five dollars($25) for each worker employed in the execution of the contract by the contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work.more
than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions
of§1813 of the Labor Code.
Q. Forfeitures Requiring Approval by the Labor Commissioner
1. For the purposes of this section and §16437 below, "forfeitures" means the amount of wages, penalties and
forfeitures assessed by the Labor Commissioner and proposed to be withheld pursuant to Labor Code
§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; and (2) penalties assessed under Labor Code §1775, 1776 and 1813.
2. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000.00,
- the forfeiture-shall be deemed approved by the Labor Commissioner upon service and the Labor
Commissioner's receipt of copies of the following: (1) The Notice of Withholding of Contract Payments
authorized by Labor Code§1771.6(a); (2) an audit as defined is §16432(e) of the California Code of
Regulations, and (3) a brief narrative identifying the Bid Advertisement Date of the contract for public work
and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in
determining the assessment of penalties, if any, under Labor Code §1775.
3. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in accordance
with §16437 of the California Code of Regulations.
E. Determination of Amount of Forfeiture by-the Labor Commissioner (Title 8 CCR§16437)
1. Where the Labor Compliance Program requests a determination of the amount of forfeiture,the request
(included as an appendix to this manual) shall include a file or report to the Labor Commissioner which
contains at least the information: specified in subparts (a) through(i) below.
a. Whether the public work has been accepted by the CITY and whether a valid notice of completion has
been filed,the dates if any when those occurred, and the amount of funds being held in retention by the
CITY;
b.Any other deadline which, if missed, would impede collection;
18
c. Evidence of violation in narrative form;
d. Evidence of violation obtained under §16432 of the California Code of Regulations and a copy of the
audit prepared in accordance with §16432(e) setting forth the amount of unpaid wages and applicable
penalties;
e. Evidence that before the forfeiture was sent to the Labor Commissioner (1)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 contractors or subcontractors
attention, and (2) the contractor and subcontractor either did not do so or failed to convince the LCP of
its position.
f. Where the LCP 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 contractors or subcontractors attention,a statement should
accompany the proposal for a forfeiture with a recommended penalty amount, pursuant to Labor Code §
1775(a);
g.Where the LCP 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 violation was a good faith
mistake that.was promptly corrected when brought to.the contractor or subcontractors attention,the file
should include the evidence as to the contractor or subcontractors knowledge of his or her obligation,
including the programs communication to the contractor or subcontractor of the obligation in the bid
invitation, at the Pre-Job Conference agenda and records, and any other notice given as part of the
contracting process. Included with the file should be a statement.similar to that described in subsection
" (f) above and recommended penalty amounts, pursuant to Labor Code § 1775(a);
h.The previous record of the contactor and subcontractor in meeting prevailing wage obligations; and
i. Whether the Labor Compliance Program has been granted approval on only an interim or
temporary basis under§16425 or 16426 of the California Code of Regulations or whether it has been
granted extended approval under §16427 of the California Code of Regulations.
2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has
been discovered, and not less than 30 days before the final payment or, but in no event not less than 30
days before the expiration of the limitations period set forth in Labor Code §1742
3. A copy of the recommended forfeiture and the file or report shall be served on.the contractor and
subcontractor at the same time as it is sent to the Labor Commissioner. The LCP may exclude from the
documents served on the contractor and subcontractor copies of documents secured from the contractor,
during an audit, investigation, or meeting if those documents are clearly referenced in the file or report.
4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and
penalties due.
5. The Labor Commissioner's determination.of the forfeiture is effective on one of the two following dates:
19
a. For all programs other than those having extended authority under §16427 of the California Code of
Regulations, on the date the Labor Commissioner serves by first class mail, on the CITY's LCP, on the
- contractor and on the subcontractor, if any, an endorsed copy of the proposed forfeiture,or a newly
drafted forfeiture statement which sets out the amount of the forfeiture approved. Service on the
contractor and subcontractor is effective if made on the last address-supplied by the contractor or
subcontractor in the record.
b. For programs with extended authority under §16427 of the California Code of regulations, approval is
effective.20 days after the requested forfeitures are served on the Labor Commissioner, unless the Labor
Commissioner services a notice on the parties, within that time period,that this forfeiture-request is
subject to further review. For such programs, a notice that approval will follow such a procedure will be
included in the transmittal of the forfeiture request to the contractor. If the Labor Commissioner notifies
the parties of a decision to undertake further review,the Labor Commissioner's final approval,
modification or disapproval Hof the proposed forfeiture shall be.served within 30 days of the date of the
notice of further review.
F. Notice of Withholding
1. As a matter of enforcing this chapter in accordance with Section 1126 or.1771.5, The CITY shall provide
Notice.of the Withholding of Contract Payments (included as an appendix to this manual) to the contractor
and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation
and the amount of wages, penalties, and forfeitures withheld. Service of the Notice.shall be completed
pursuant to Section.1013 of the Code of Civil Procedure by first-class and certified mail to the contractor
and subcontractor, if applicable.The Notice shall advise the contractor and subcontractor, if applicable, of
7 the procedure for obtaining review of the withholding of contract payments. The CITY shall also serve a copy
^` of the notice by certified mail to any bonding company issuing a.bond that secures the payment of wages
covered by the notice and to any surety on a bond, if their identities are known to the CITY.
2. The Withholding of contract payments in accordance with Section 1726 or 1771.5 shall be reviewable under .
Section 1742 in the same manner as if the Notice of the Withholding was a civil penalty order of the Labor
Commissioner under this chapter. If review is requested, the Labor Commissioner may intervene to
represent the awarding body.
3. Pending a final order, or the expiration of the time period for seeking review of the Notice of Withholding,
the-CITY shall not disburse any contract:payments Withheld.
4. From the amount recovered,the wage claim shall be satisfied prior to the amount being applied to penalties.
If insufficient money is recovered to pay each worker in full,the money shall be prorated among all workers.
5.Wages.for workers who cannot be located shall be placed-in the Industrial Relations Unpaid Wage Fund and
held in trust for the workers pursuant to.Section 96.7. Penalties shall be paid into the General Fund of the
CITY that has enforced this chapter pursuant to Section 1771.5.
G. Deposits of Penalties and Forfeitures Withheld
1. 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
20
Litigation by or against the Labor Commissioner,the CITY shall deposit penalties and forfeitures into its
general fund or fund of its choice.
2.Where collection of fines, penalties, or forfeitures results from Administrative proceedings or court action to
which the Labor Commissioner and the CITY are both parties, the fines, penalties, or forfeitures shall be
divided between the General Funds of the State and the CITY, as the court so deems.
3.All penalties recovered in administrative proceedings or court action brought by or against the Labor.
Commissioner and to which the CITY's Labor Compliance Program is not a party, shall be deposited in the
general fund of the State.
4.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 court action pursuant to Labor-Code.§ 1775, and which
have not been paid to the Worker or irrevocably committed on the worker's behalf to a benefits fund, shall
be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with
Labor Code §96.7.
H. Debarment.Poky
It is the policy of the LCP that the Public Works Prevailing Wage requirements set forth in the California Labor
Code, Section 1720-1861, be strictly enforced.In furtherance thereof, construction contractors and
subcontractors found to be repeat violators of the California Labor Code shall be referred to the Labor
Commissioner for debarment from bidding on or otherwise being awarded any public work contract,within the
state of California,for the performance of construction and/or maintenance senrices.for the period not to
exceed three (3)years in duration.The duration of the debarment period shall depend upon the nature and
severity of the labor code violations and any mitigating and/or aggravating factors,which may be present at
the hearing conducted by the Labor Commissioner for such purpose.
SECTION 7: REQUEST FOR REVIEW OF A LABOR COMPLIANCE PROGRAM ENFORCEMENT
ACTION / SETTLEMENT AUTHORITY
1. After 60 days following the service of a civil wage and penalty assessment under Section 1741 or a notice of,
withholding under subdivision (a) of Section 1771.6, the affected contractor, subcontractor, and surety on a
bond or bonds issued to secure the payment of wages covered by the assessment or notice shall be liable
for liquidated damages in an amount equal to the wages, or portion'thereof, that still remain unpaid.If the
assessment or notice subsequently is overturned or modified after administrative or judicial review,
liquidated damages shall be payable only on the wages found to be due and unpaid.Additionally, if the
contractor or subcontractor demonstrates to the satisfaction of the director that he or she had substantial
grounds for appealing the assessment or notice with respect to a portion of the unpaid wages covered by
the assessment or notice,the director may exercise his or her discretion to waive payment of the liquidated
damages with respect to that portion of the unpaid.wages.Any liquidated damages shall be distributed to
the employee along with the unpaid wages. Section 203.5 shall not apply to claims for prevailing wages
under this chapter. (b) Notwithstanding subdivision (a), there shall be no liability for liquidated damages if
the full amount of the assessment or notice, including penalties, has been deposited with the Department of
Industrial Relations,within 60 days following service of the assessment or notice,for the Department to hold
in escrow pending administrative and judicial review.The department shall release such funds, plus any
21
interest earned, at the conclusion of all administrative and judicial review to the persons and entities.who are
found to be entitled to such funds.
2.A contractor or subcontractor may request a settlement meeting pursuant to Labor Code §1742.1(b) and
may request review of a LCP enforcement action in accordance with Labor Code §1771.6(b) and 1742 and
the regulations found at §17201-17270 of Title 8 of the California Code of Regulations. The LCP shall have
the rights and responsibilities of the enforcing agency (as defined in § 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 officer, and provide an
opportunity to review evidence in a timely manner, to participate through counsel in all hearing procedures,
and to meet the burden of establishing prima fascia support for the Notice of Withholding of Contract
Payments.
3. If a contractor or a subcontractor seeks review of a LCP enforcement action,the Labor Commissioner may
.intervene to represent the CITY, or to'enforce relevant provisions of the Labor Code consistent with the
practices of the Labor Commissioner, or both.
4. Except in cases where the.Labor Commissioner has intervened pursuant-to section (B) above,the LCP shall
have the authority to prosecute, settle, or seek the dismissal of any Notice of Withholding of Contract
Payment issued pursuant to Labor Code §1771.6 and any review proceeding under Labor Code §1742,
without any further need for approval by the Labor Commissioner.Whenever a LCP 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 §1742,the LCP shall document the reasons for the settlement or,request.for
dismissal and shall make that document available to the Labor Commissioner upon request.
5. For each public work project subject to a LCP's enforcement of prevailing wage requirements, a separate,
written summary of labor compliance.activities and relevant facts.pertaining to that particular.project shall
be maintained..That summary shall demonstrate that reasonable-and sufficient efforts have been made to
enforce prevailing wage requirements consistent with the practice of the Labor Commissioner.Appendix C
following this section provides a suggested format for tracking and monitoring enforcement activities.
Compliance records for a project shall be retained until the later of(1) at least one year after the acceptance
of the public work or five years after the cessation of all labor on a public work that has not been accepted,
or (2) one year after a final decision or judgment in any litigation.under Labor Code Section 1742. For
purposes of this section, a written summary or report includes information maintained electronically,
provided that the summary or report can be printed out in hard copy form or is in an electronic format that
(1) can be transmitted by e-mail or compact disk and (2) would be acceptable for the filing of documents in
a federal or state court of record within this state.
6.The Labor Commissioner may provide, sponsor, or endorse training on how to enforce prevailing wage
requirements, including but not necessarily limited to the subjects of(1) ascertaining prevailing wage
requirements and rates from the Division of Labor Statistics and Research, (2) monitoring and investigation
under section 16432 above, (3) enforcement responsibilities under this section and sections 16435-16439
below, and (4) procedural requirements and responsibilities as an enforcing agency under Labor Code
sections 1741-1743 and 1771.6 and sections 17201-17270 of Title 8 of the California Code of Regulations.
22
SECTION 8: PRIORITY DISTRIBUTION OF FORFEITED SUMS
— A. Withholding of Forfeited Sums
1. Before making payments to the contractor of money due under a contract for public work, the CITY shall
withhold and retain there from all amounts required to satisfy any civil wage and penalty assessment issued
by the Labor Commissioner.The amounts required to satisfy a civil wage and penalty assessment shall not
be disbursed by the CITY until receipt of a final order that is no longer subject to-judicial review.
B. Disposition of Forfeited Sums
1.The prevailing wage recovery process of this LCP is in accordance.with Labor Code § 1775, which provides
that out of any.funds withheld, recovered, or both,there shall first be paid the amount due.each worker
notwithstanding the filing of any Stop Notice by any person pursuant to Civil Code § 3179, et-seq.
Therefore, all workers employed on a public works project who are paid less than the prevailing wage rate
shall have priority over all Stop Notices filed against the contractor.
2. In the event that there are insufficient funds available in the contractor's account to pay the total amounts.
due, the unpaid prevailing wages shall have priority and must,therefore, be paid first, in accordance with
Labor Code § 1775. Furthermore, if insufficient funds are withheld, recovered, or both,to pay each
underpaid worker in full, the money shall be prorated among all said underpaid workers; and all penalties'
shall be deposited in the General Fund of the CITY.
(� SECTION 9: ANNUAL REPORTS
Per section 16431 of the California Code of Regulations,the LCP shall submit to the Director of the DIR an:
annual report on the operation of its LCP no later than August 31 of each year. The reporting period will cover
a 12 month period from July 1 of the preceding calendar year and will end on June 30.of the year that the
annual report is due.The CITY's annual report shall be made on form LCP-AR1, which is included herein under
Attachment G.
Information in the annual report shall be reported in sufficient detail to afford a basis for evaluating the scope
and level of enforcement activity of the LCP.An annual report shall also include such additional information as
the LCP may be required to report as a condition of its approval.
Pursuant to California Code of Regulations §16430, the CITY shall file a Statement of Economic Interest (FPPC
Form 700) along with its Annual Report; specifically:
16430(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.
16430(b): Designated employees and consultants who operate or are employed by a third party labor
23
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.
SECTION 10: OUTREACH ACTIVITIES
To ensure the successful implementation of this Labor Compliance Program,there shall-be several outreach
activities initiated and maintained. The LCP Administrator shall be responsible for communication and
outreach activities relative to public information on the Labor Compliance Program:
1. Regular presentations to contractors at all job walk meetings (pre-bid conferences) and job start meetings
(pre job conferences);
2. Ongoing communication via correspondence and with workers at job sites when review of the CPR's reveals
the possibility of prevailing wage violations.
3. Periodic meetings with contractor and labor organizations, prime contractors and subcontractors or work -
preservation volunteers interested in public works contracting.
i
24
ATTACHMENTS
This section contains the attachments applicable to the CITY's Labor Compliance Program
25
ATTACHMENT A- CHECKLIST OF LABOR LAW REQUIREMENTS
FOR REVIEW AT PER-JOB CONFERENCE
(In accordance with CCR§ 16421)
' The federal and state labor law requirements applicable to the contract are composed of,but not limited to,the following:
1. Payment of Prevailing Wage Rates
The award of a public works contract requires that all workers employed on the project be paid not less than the specified general prevailing wage.
rates by the contractor and its subcontractors,unless subject,to exemption per Labor Code§1771.5. Should a contract exceed exemption amounts,
the contractor and its subcontractors are required to pay not less than the specified general.prevailing wage rates.
The contractor is responsible for obtaining and complying with all applicable general prevailing wage rates for trades workers and any rate changes,
which may occur during the term of the contract. Prevailing wage rates and rate changes are to be posted at the job site for workers to view.
2. Apprentices
It is the duty of the contractor and subcontractor to employ registered apprentices on public works
projects per Labor Code§1777.5.
3. Penalties.
Penalties,included forfeitures,and debarment,shall be imposed for contractor/subcontractor failure to pay prevailing wages(for nonexempt.
projects),failure to maintain and submit accurate certified payroll records upon request,failure to employ apprentices,and for failure to pay
employees for all hours worked at the correct prevailing wage rate,in accordance with Labor Code§§1775,1776, 1777.7,and 1813.
4. Certified Payroll Records
Per Labor Code§ 1776,contractors and subcontractors are required to keep accurate payroll records which reflect the name,address,social security
number,and work classification of each employee;the straight time and overtime hours worked each day and each week;the fringe benefits;and the
actual per diem wages paid to each journeyperson,apprentice,worker,or other employee hired in connection with a public works project.Employee
payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the
contractor/subcontractor,or shall be furnished to any employee,or to his or her authorized representative on request.
Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls to the Labor Compliance office
on a weekly basis:In the event that there has been,no work performed during a given week,the Certified Payroll Record shall be annotated"No
Work"for that week and the final payroll for each contractor and subcontractor shall be identified in bold markings as"Final Project Payroll".
5. Nondiscrimination in Employment
Prohibitions against employment discrimination are contained in Labor Code Sections 1.735 and 1777.6;the Government Code;the Public Contracts
Code;and Title VII of the Civil Rights Act of 1964,as amended. All contractors and subcontractors are required_to implement equal employment
opportunity practices for women and ethnic groups as delineated below:
a. Equal Employment Poster
The equal employment poster shall be posted at the job site in a conspicuous place visible to
employees and employment applicants for the duration of the project.
b. The contractor and each subcontractor shall maintain accurate records of employment information
as required by the Monthly Employment Utilization Report. This report shall specify the ethnicity
and gender for each employee in a craft,trade,or classification.
c. Further,efforts should be made to employ apprentices on public works contracts per Labor Code §1777.5 efforts to employ apprentices should
also be documented.
6. Kickback Prohibited
Per Labor Code§1778,contractors and subcontractors are prohibited from accepting,taking wages illegally,or extracting"kickback"from employee
wages;
7. Acceptance of Fees Prohibited
Contractors and subcontractors are prohibited from exacting any type of fee for registering individuals for public work(Labor Code§1779);or for
filing work orders on public works contracts(Labor Code§1780).
8. Listing of Subcontractors
Contractors are required to list all subcontractors hired to perform work on a public works project when that work is equivalent to more than one-half
of one percent of the total effort(Government Code§4100,et seq.);
26
9: Proper Licensing
Contractors and subcontractors are required to be properly licensed. Penalties will be imposed for employing workers while unlicensed(Labor Code
§1021 and Business and Professions Code§7000,et seq.under California Contractors License Law);
10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition(Business and Professions Code§§17200-17208);
11. Workers'Compensation Insurance
All contractors and subcontractors are required to be insured against liability for workers'compensation,or to undertake self-insurance in
accordance with the provisions of Labor Code§3700(Labor Code§1861);
12. OSHA
Contractors and subcontractors are required to comply with the Occupational,Safety and Health laws and regulations applicable to the particular
public works project;and
13.Undocumented Workers
The Federal prohibition against hiring undocumented workers,and the requirement to secure proof of eligibility/citizenship from all workers.
14.Itemized Wage Statements
Every employer shall,semimonthly or at the time of each payment of wages,furnish each of his or her employees,either as a detachable part of the
check,draft or voucher paying the employee's wages,or separately when wages are paid by personal check or cash,an accurate itemized
statement as per§226 of the state labor code.
I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of
(contractor)
For the Contractor: For the CITY's Labor Compliance Administrator
Signature Signature
(
---------------------------------------- ----------------------------------
Date Date
27
ATTACHMENT B — COMPLIANCE MONITORING &AUDIT RECORD WORKSHEETS
{
Audit Record Worksheets [8 Cal. Code Reg. §16432]
• Public Works Investigation Worksheet
• Public Works Audit Worksheet
0 Prevailing Wage Determination Summary
• Suggested Single Project Labor,Compliance Review and Enforcement Report Form[Appendix C
following 8 CCR§164341
28
DEPT.OF INDUSTRIAL RELATIONS-DIVISION OF LABOR STANDARDS ENFORCEMENT PUBLIC WORKS INVESTIGATION WORKSHEET
Et1PLOYEES NAME BOC 8-GUIM14MBER DEPUTY OFFICE DATE Empkryer z CaseNa
o nber
Q
PERIOD HOURSOFWORK TOTAL TOTAL ACTUAL RATE OTHER TOTALWAGES Required OTHER TOTAL AMOUNT SL PENAL- SL PENAL- TOTAL
g' ENDING Thu -Wed -Tue -Mon Sen S Fr DAYS HOURS ST COMPEN. PAID Wage COMPEW WAGES DUEAND TIES TIES TRAINING Amount Due
�. YEAR DATE DATE DATE DATE DATE DATE DATE WORK- WORKED OT SATrON Rabr SATION REQUIRED OWING 1775— 1813_ RIND and Owing
m wk end ED ST,OT,DT OT St,Ot,DL
C Sr I _ I ! I I I i Rate
Dr
C ST Rate
OT j i i
DT
C ST Rate
OT_— I I { !
DT
C Rate
OT--—--� _' —i 1
I
DT
ST I� I
Rate
OT
DT —
ST i ' I i I
C � I I Rate
OT —_ ` i
DT
C ST Rate
OT
DT
C ST Rate
OT
DT
I i I I Rate
OT
DT
C ST Rate
OTDT
I ( i
C ST il I_ ! Rate
OT
DT
C sT Rate
DT
C I I
O
Rata
DT._-_.�..__— — -- — _I
ST hours worked
OT hours worked
DT hours worked
TOTALS
Page No._
PUBLIC WORKS AUDIT WORKSHEET TOTAL AMOUNT DUE/OWING
EMPLOYER/FIRM IDEPUTY OFFICE WAGES DUE AND OWING
ADDRESS CITY TRANSCRIBER PENALTIES DUE AND OWING
PROJECT AWARDING BODY PRIME AUDIT NUMBER/CASE NUMBER TRAINING FUND DUE/OWING
PERIOD HOURS WORKED OTHER TOTAL PREVAILING WAGE REQUIREMENTS AMOUNT OWING PENALTIES PENALTIES TRNG. TOTAL
EMPLOYEE CLASSIFICATION WORKED ST. OT. D.T. WAGES PAID WAGES PAID *OTHER TOTAL WAGES AND UNPAID NO.1 NO.2 FUND AMOUNT DUE
C
The following entries represent the amounts relied upon for
calculating Labor Code 1775 and 1813 penalties.
7775 Per Day
1813 Per Day
Summary Page 1
PREVAILING WAGE DETERMINATION SUMMARY WAGE DETERMINATION INFORMATION
CODE HOURLY HOLIDAY/TRAVEL& Other hourly CODE
NO.CLASSIFICATION Effective Date RATE Contributions TRAINING TIME 1/2 SUNDAY SUBSISTENCE Re ulrements No CLASSIFICATION WAGE DETERMINATION NO.
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Summary Page 2
Suggested Single Project Labor Compliance Review and Enforcement Report Form
[Appendix C following 8 CCR§16434] _
Awarding Body:
Project Name:
Name of Approved Labor Compliance Program:
Bid Advertisement Date:
Acceptance Date:
Notice of Completion Recordation Date:
Summary of Labor Compliance Activities
1. Contract Documents Containing Prevailing Wage Requirements(Identify)
r 2. Prejob Conference(s)--Attach list(s)of attendees and dates
3. Notification to Project Workers of Labor Compliance Program's Contact Person. (Explain
Manner of Notification for each project work site.)
4. Certified Payroll Record Review
a. CPRs Received From:
Contractor/Subcontractor For weeks ending("w/e")through We
32
b. Classifications 'identified in CPRs and applicable Prevailing Wage Determinations
Classification Determination No.
5. Further investigation or audit due to CPR review,information or complaint from worker or other interested
person,or other reason:
a. Independent Confirmation of CPR Data
Worker Interviews -Reconciled CPRs with Pay-
Contractor/Subcontractor (Yes/No) checks or Stubs(Yes/No)
b. Employer Payments(Health&Welfare,Pension, Vacation/Holiday)Confirmation
Recipients of Written confirmation
Contractor/Subcontractor Employer Payments Obtained(Yes/No)
C. Contributions to California Apprenticeship Council or Other Approved Apprenticeship Program
Recipients of Written confirmation
Contractor/Subcontractor Contributions Obtained(Yes/No)
33
d. Additional Wage Payments or Training Fund Contributions Resulting from Review of CPRs
ram`
Additional amounts Additional Expla-
\� Contractor/Subcontractor Paid to Workers Training F� nation
*
*
*
*
* Use separate page(s)for explanation
6. Complaints Received Alleging Noncompliance with Prevailing Wage Requirements.
Name of Resolution or
Complainant Date Received Current Status
*
*
*
*
*Use separate page(s)to explain resolution or current status .
7. Requests for Approval of Forfeiture to Labor Commissioner
Contractor/Subcontractor Date of Request Approved/Modified/Denied
8. Litigation Pending Under Labor Code Section 1742
Contractor/Subcontractor DIR Case Number
9. (Check one): Final report this project Annual report'this project
Authorized Representative for Labor Compliance Program
1
34
ATTACHMENT C- REQUEST FOR APPROVAL OF FORFEITURE
` 1. AWARDING BODY/THIRD PARTY LCP:
- Name and-Contact Information for Awarding Body: Date of Request:
LTF City of Grand Terrace
c/o Matt Wirz
aA RA. 22795 Barton Road
Grand Terrace, CA 92313 LCP Approval Status (specify if either
Phone: (909) 430-2255 interim or temporary or if LCP has .
Fax: (909}825-7506 extended authority):
E-mail: mwirz@cityofgrandterrace.org
2. PROJECT INFORMATION:
Project Name: Contract Number: .
Project Location:
Bid Advertisement Dates: Estimated Date Project is to be completed:
Acceptance Date of Project by the Awarding Notice of Completion/Date Recorded with County
Body: Recorder:
Other.Relevant Deadline(specify): Amount being held in Retention:
3. CONTRACTOR INFORMATION:
Name and address of Affected Contractor: Name and address of Affected Subcontractor:
General Description of Scope of Work of the Entire Project:
General Description of Scope of'Work covered in the proposed Forfeiture (describe and attach relevant
portions of contract or subcontract): .
35
4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS:
�4 Total Amount of Request for Notice of Withholding of Contract Payments:
Wages Due: Training Funds Total Penalties Due: Potential Liquidated Damages
Due: [.Wages+Training Funds]:
LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other:
Due:
[Provide narrative summaries covering the following]:
A. Statement of Issues.
B. Investigative Report (detailed narrative including but not limited to how the investigation was conducted
including worker declarations, reviewing certified payroll Irecords, verification of employer payment
contributions, etc).
C. Audit Report(detailed explanation'of how audit was completed addressing each of the issues above).
D. Affected contractor and subcontractor. information (how affected contractor and subcontractor were
informed of potential violations; summary of their response with respect to violations and.penalty issues;
and any other information.considered in determining recommended penalties).
E. Recommended penalties under Labor Code Section 1775(a) and basis for recommendation, including
how factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amount(s).
ATTACHMENTS
1. Audit Summary (Appendix B)
2. 1st Bid Advertisement Publication
3. Notice of Completion
4. Scope of Work
5. Complaint form(s) and Declarations, if any
Send the Request and all Attachments to:
Division of Labor Standards Enforcement.
Bureau of Field Enforcement
Attn.: Regional Manager
300 Oceangate Blvd.,No. 850
Long Beach, CA 90802
COPIES OF THIS REQUEST,INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE
AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT
IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT.
t
36
LABOR COMPLIANCE PROGRAM
City of Grand Terrace
Review Office -Notice of Withholding r,
of Contract Payments .
c/o Matt Wirz a
22795 Barton Road
Grand Terrace, CA 92313
Phone: (909) 430-2255
Fax: (909) 825-7506
Date: In Reply Refer to Case No.:
Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b)
To: Prime Contractor
Subcontractor
Please be advised that this office has received your Request for Review, dated , and pertaining
to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No.
In accordance with Labor Code section 1142(b),this notice provides you with an opportunity to review
evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the
procedures for reviewing such evidence.
Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows:
A(a) Within ten (10) days following its receipt of a Request for.Review,the.Enforcing Agency
shall also notify the affected contractor or subcontractor of its opportunity and the procedures for
reviewing evidence to be utilized by the Enforcing Agency at the hearing of the Request for
Review.
37
(b) An Enforcing Agency shall be deemed to have provided the opportunity to
review evidence required by this Rule if it(1) gives the affected contractor or
subcontractor the option at said party's own expense to either(i) obtain copies of all
such evidence through a commercial copying service or(ii) inspect and copy such
evidence at the office of the Enforcing Agency during normal business hours; or if
(2)the Enforcing Agency at its own expense forwards copies of all such evidence to
the affected contractor or subcontractor.
(c) The evidence required to be provided under this Rule shall include the identity of
witnesses whose testimony the Enforcing Agency intends to present, either in person .
at the hearing or by declaration or affidavit. This provision shall not be construed as
requiring the Enforcing Agency to prepare or provide any separate listing of
witnesses whose identities are disclosed within the written materials made available
under subpart(a).
(d) The Enforcing Agency shall make evidence available for review,as specified in .
subparts (a)through (c)within 20 days of its receipt of the Request for Review;
provided that,this.deadline may be extended by written request or agreement of the
affected contractor-or subcontractor. The Enforcing Agency's failure to make.
evidence available for review as required by Labor Code section 1742(b) and this .
Rule, shall preclude the enforcing agency from introducing such evidence in
proceedings before the Hearing officer or the Director.
(e) This Rule shall not preclude the Enforcing Agency.from relying upon or
presenting any evidence first obtained after the initial disclosure of evidence under
subparts (a)through (d),provided that, such evidence is promptly disclosed to the.
- affected contractor or subcontractor. This Rule also shall not preclude the Enforcing.
Agency from presenting previously undisclosed evidence to rebut new or collateral
claims raised by another party in the proceeding.@
In accordance with the above Rule,please be advised that the Labor Compliance Program's -
procedure for you to exercise your opportunity to review evidence is as follows:
Within five calendar days of the date of this notice, please transmit the attached
Request to Review Evidence to,the following address:
City of Grand Terrace
c/o Matt W irz
22795 Barton Road
Grand Terrace, CA 92313
Phone: (909)430-2255
Fax: (909) 825-7506
38
Request to Review Evidence
To:
From:
City of Grand Terrace
l 7,y
c/o Matt Wirz
22795 Barton Road
'! Grand Terrace, CA 92313
Phone: (909) 430-2255
Fax: (909) K5-7506
Regarding Notice of Withholding of Contract Payments Dated
Our Case No.:
The undersigned hereby requests an.opportunity to review evidence to be utilized by
the Labor Compliance Program at the hearing on the Request for Review.
Phone No.:
Fax No.:
39
Labor Compliance Program
c/o Matt Wirz r
22795 Barton Road
H.
Grand Terrace,CA 92313
Phone:(909)430-2255
Date: In Reply Refer to Case No.:
ATTACHMENT D - Notice of Withholding of Contract Payments
Awarding Body Work Performed in County of
Project Name Project No.
Prime Contractor
Subcontractor
After an investigation concerning the payment of wages to workers employed in the execution of the
contract for the above-named public works project, the Labor Compliance Program for
(Labor Compliance Program) has determined that violations of the California
Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance
with Labor Code sections 1711.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of
Withholding of Contract Payments. .
The nature of the violations of the Labor Code and the basis for the assessment are as follows:
The Labor Compliance Program has determined. that the total amount of wages due is:
The Labor Compliance Program has determined that the.total amount of penalties assessed under Labor
Code sections 1775 and 1813 is: $
The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code
section 1776 is: $
LABOR COMPLIANCE PROGRAM
By:
40
Notice of Right to Obtain Review -Formal Hearing
In accordance with Labor Code sections 1742 and 1771.6, an affected contractor or subcontractor may
obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to
the office of the Labor Compliance Program that appears below within 60 days after service of the
notice. To obtain a hearing, a written Request for Review must.be transmitted to the following
address:
Labor Compliance Program
Review Office-Notice of Withholding of Contract Payments
c/o Matt W irz
22795 Barton Road
Grand Terrace, CA 92313
Fax: (909) 825-7506
A Request for Review either shall clearly identify the.Notice of Withholding of Contract Payments
from which review is sought, including the date of the notice, or it shall include a copy of the notice as
an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance
with Labor Code section 1742, the contractor or subcontractor shall.be provided an opportunity to
review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the
Labor Compliance Program's receipt,of the written Request for Review.
Failure by a contractor or subcontractor to submit a timely Request
for Review will result in a final order which shall be binding on the
contractor and subcontractor, and which shall also be binding, with
respect to the amount due, on a bonding company issuing a bond that
secures the payment of wages and a surety on a bond. Labor Code
section.1743.
In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the
Labor Commissioner in the office of the clerk of the superior court in any county in which the affected
contractor or subcontractor has property or has or had.a place of business. The clerk, immediately upon
the filing, shall enter judgment for the State against the person assessed in the amount shown on the
certified order.
f ' (continued on next page)
41
Opportunity for Settlement Meeting
In accordance with Labor Code Section 1742.1 (b), the Labor Compliance Program .shall, upon
receipt of a request from the affected contractor or subcontractor within 30 days following the .
service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor
the opportunity to meet with the Labor Compliance Program's designee to.attempt to settle a
dispute regarding the notice. The settlement meeting may be held in person or by telephone and
shall take place before the expiration of the 60-day period for seeking a hearing as set forth above
under the heading Notice of Right to Obtain Review. No evidence of anything said or any
admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is
admissible or subject to discovery in any administrative or civil proceeding. No writing prepared.
for.the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final
settlement agreement, is admissible or subject to discovery .in any administrative or civil
proceeding. This opportunity to timely request an informal settlement meeting is in addition to the .
right to obtain a formal hearing, and a settlement meeting may be requested even_if a written -
Request for Review has already been made. Requesting a settlement meeting, however, does not
extend the 60-day period during which a formal hearing may be requested.
A written request to meet with the Labor Compliance Program's designee to attempt to-settle a
dispute regarding this notice must be transmitted to the contact named below at the following
address:
City of Grand Terrace
c/o Matt W irz
22795 Barton Road
Grand Terrace, CA 92313
- Fax: (909) 825-7506
Liquidated Damages
In accordance with Labor Code section 1742.1, after 60 days following the service of this Notice of
Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or
bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated
damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice
subsequently is overturned or modified after administrative or judicial review, liquidated damages
shall bepayable only on the wages found to be due and unpaid.- If the contractor or subcontractor
demonstrates to the satisfaction of the Director of the.Department-of Industrial Relations that he or
she had substantial grounds for believing the assessment or notice to be an error, the Director shall
waive payment of the liquidated damages.
The Amount of Liquidated Damages Available Under this Notice is$
Distribution: Attach:
Prime Contractor Audit Summary
Subcontractor Proof of Service
Surety(s) on Bond
42
City of Grand Terrace
c/o Matt W irz
22795 Barton Road ``
Grand Terrace, CA 92313
Phone: (909) 430-2255 A a
Fax: (909) 825-7506
Date: Case or Contract No.:
ATTACHMENT E - NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS
DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS
(8 CCR§16435)
Awarding Body: Work performed in County of:
Project Name and Number(if any):
Prime Contractor:
Subcontractor:
Pursuant to Labor Code §.1771.5(b)(5) and 8 CCR §16435, contract payments are being withheld .
due to:delinquent or inadequate payroll records.
Contractor or subcontractor whose payroll records are delinquent or inadequate:
r
❑ The following payroll records are delinquent(specify weeks and.due dates):
❑ The following payroll records.are inadequate (specify weeks and ways in which records are
deemed inadequate under 8 CCR §16435(d)):
Estimated amount of contract payments due to contractor or subcontractor that are being withheld
pursuant to this Notice:
See page 2 for additional information, including appeal rights.
Labor Compliance Officer
43
Prime Contractor Obligations: If contract payments are being-withheld due to the delinquency or
inadequacy of your subcontractor's payroll records,you are required to cease all payments to that
— subcontractor until the Labor Compliance Program provides notice that the subcontractor has cured
the delinquency or deficiency.
Notice of Right to Obtain Review—Expedited Hearing
An affected contractor or subcontractor may request review an expedited hearing to review this
Notice of Withholding of Contract Payments under Labor Code §1742. The only issue in any such
review proceeding is whether the specified payroll records.are in fact delinquent or inadequate
within the meaning of 8 CCR§16435 or whether the Labor Compliance Program has exceeded its
authority under 8 CCR§16435: To obtain an expedited hearing,a written request must be
transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for
the Director of the Department of Industrial Relations, as follows:
City of Grand Terrace
c/o Matt W irz
22795 Barton Road
Grand Terrace, CA 92313
Phone: (909) 430-2255
Fax:(909) 825-7506
Office of the Director—Legal Unit
Attention: Lead Hearing Officer
Expedited Hearing Request
% Fax to:(415)703-4277
The request for expedited hearing should specify the basis for challenging this Notice and include a
copy of this Notice as an attachment. The request should also identify and provide contact
information for the person who will represent the contractor or subcontractor at the hearing.
Important Additional Information: This is a Notice of Temporary Withholding of Contract .
Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of
liability for wages or penalties under Labor Code §§1775 and 1776 or any other statute. Contract
payments cannot continue to be withheld pursuant to this notice, once the required records have
been produced. However, the contractor and subcontractor may still be subject to the assessment of
back wages and penalties and the withholding of contract payments if, upon investigation, a
determination is made that the contractor or subcontractor violated the public works requirements of
the Labor Code.
This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor
compliance programs, and contractors may have other rights or responsibilities under federal or
local law,where applicable, and may also have additional rights or remedies under the public works
contract.
- - - - - - -- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - -.- - - - - -
44
Enclosure-text of 8 CCR §16435
§16435. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate.
.(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 one(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 1.6401 of
Title 8 of the California Code of Regulations.
(e)The withholding of contract.payments when payroll records.are delinquent or inadequate is required by
Labor Code Section 1771.5(b)(5),and it does not require the.prior approval of the Labor Commissioner. The
Awarding Body shall only withhold.those payments due or estimated'to be due to the contractor or
subcontractor whose payroll records are delinquent or inadequate,plus any additional amount that the Labor-
Compliance Program has reasonable cause to believe maybe needed to cover aback wage and penalty
assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate;
provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll
records are delinquent or inadequate until the Labor Compliance Program provides notice that the . .
subcontractor has cured the delinquency or deficiency.
.(f)When contract payments are withheld under this section,the Labor Compliance Program shall provide the
contractor and subcontractor, if applicable,with immediate written notice that includes all'of the following:
(1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that
identifies what records are missing or states why records that have been submitted are deemed inadequate;
(2)specifies the amount being withheld;and(3)informs the contractor or subcontractor of the right to
request an expedited hearing to review the withholding of contract payments under.Labor Code Section
-1742,limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance
Program has exceeded its authority under this section.
(g)No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records
after the required records have been produced.
(h)In addition to withholding contract payments based on delinquent or inadequate-payroll records;penalties
shall be assessed under Labor Code Section 1776(h)for failure to timely comply with a written request for
certified payroll records. The assessment of penalties under-Labor Code Section 1776(h)does require the-
prior approval of the Labor Commissioner under section 16436 of these regulations.
45
LABOR COMPLIANCE PROGRAM
City of Grand Terrace
Review Office-Notice of Withholding
of Contract Payments tr
c/o Matt Wirz
22795 Barton Road RRA`
Grand Terrace, CA 92313
Phone: (909) 430-2255
Fax: (909) 825-7506
Date: In Reply Refer to Case No.:
Notice of Transmittal
To: Department of Industrial Relations
Office of the.Director-Legal Unit
Attention: Lead Hearing Officer
P..O.Box 42.0603
San Francisco, CA 94142-0603
Enclosed herewith please find a Request for Review, dated ;postmarked
and received by this office on
Also enclosed please find the following:
Copy of Notice of.Withholding of Contract Payments
Copy of Audit Summary
LABOR COMPLIANCE PROGRAM
City of Grand Terrace
By:
cc: Prime Contractor
Subcontractor
Bonding Company
Please be advised that the Request for Review identified.above has been.received
and transmitted to the address indicated. Please be further advised that the governing
procedures applicable to these hearings are set forth at Title 8, California Code of
Regulations sections 17201 17270. These hearings are not governed by Chapter 5 of
the Government Code, commencing with section 11500.
i
46
PUBLIC WORKS PAYROLL REPORTING FORM
Page Of D
NASIE OF(.TINTRALTOR: CONTRAC MI S LICENSE NO.: ADDRESS:
OR SUBCONTRACTOR: SPLCIALIFY UCLNSENO_ -
I PAYROLLNO.: FOR WEEK ENDING: SELI:LNSURYD CERTIFICATE NOL: PROJECT OR CONTRACT NO.: �
(J) DAY (S) (6) WORKERS'COMPENSATION POLICY NO.: PROJEC'TANDLOCAMON: 2
— 3
lJ) ,zl I pJ MrTd itl `F. s s' . . (r) (s) (y) R1
I- HOURLY
NAME,ADDRESS AND F p , WORE: DATE TOTAL RATE GROSS AMOUNT NET WGS CHECK
SOCIALSECURI YNUMBER S�F- CLASSIFICATION YOURS OF'PAY EARNED" DEDIICTTONk ComnuBuTIONS AND PAYMENTS PAID FOR NO.
OF EMPLOYEE WEEK -n
—HOURS WORKED EAL 11 DAY— I
- Tills ALL Fm ETC, VFAIE VAC/ HEALTH
OC
. -PROJECT PROJECTS TAV (S .SM3 TAX b01 lmuRLV A UELC PENSION
rm
DU6 S"Vi SAVi\CS 011JELL• 70F L
"NMI TIDX1 T
o
1 TTT111
———————— Tins .ALL FELL FICA STATE %,.1d IIEILIH
^ ' PROJECT PROJECTS TAX IS(CSic) TAX SIR ROL1JNAV &%ay. P/C\SIDS
I TR LNG. FUND RUES BLS SAIIMIS OTHER- DLUL'G
AO11LN TIONS
1
TIBS ALL I m FiG STATE SDI V'ACI HEALTH PENSION /mom
. PROJECT PROJECTS TAX ISOCSE'C) .TAX lMUDAY A11TTF'. l J
I - TROG N FUND DUES SUALC. SATism OElIF8• T�pLG v
• A0111V TIOVS
O l J
———————— .THIS ALL Fm. FICA STATE SDI IIOL VA tl HEALTH PENSION
PROJECT PROJECTS TAIL kuw_sFG) TAX JOSY 6%%TTF.
S rm
———————— T/ULNC. EU.ND MININAVI SAYLN(S 011ldt•' TOTAL
' AOHLN TUMS
O D
---- m
S-ST"loRTME &d=fi—,—hiboti.-.Fld/OFpaymcrosn'hcthcr-.m i-f dcdor quiavl by pleeaihog CERTIFICATION MUST be completed
Fom1i.011Ne Ub) O-rn'FRTu1E. wage alrL®inaliaos mlHt besLp�at lylistcd.Uwcxuashest(s)i(anzss..Iy (Soem'mseside)
. SD1eSihTE OB.VIIIITY.INSURSXIE .
doe
— (b)WHERE FRINGE DENKFITS ARE PAID IN CASH
t,
(Name of Slgnakiry Party) (Tutu) ❑— Ea:h taborer or Machar&listed in the above reluenced payroll Ire boon Fold,
as indicaled on the psyroD.an amoanl not k:55 than the sum et I:w applicable
do heraby stale: 6aslchrnrdy rage rate plus the annunt of the rcuuked 141P bencrZ a;Ested
(1)Thal I pay or superrivte the payment of the par sons empWyer3 by In nee ranlract,except 5s anted In sactlan 4(y bofaty.
(ci EI(cEPTIONS
an ft
(Cord actor or wbront=10
t:}fC_EEPTIQt1(CriAFt) E?(PIANrsTIDN
that durirrg the peyrdt pari.^d commencing on the
(Bidhi►ng or Work)
data of and endng the day of
all persona employed an seta pro)eCi hirm been paid the;lug wmrky wages eained.that no rebates rave
berm ar W11 he n%bde either dlntstly or fnd'ree9y to or on b0half al Gald -
(rora Iho full
(Contractor or Subcontractor) —
Weekly wage*earned by any pmryori and that no dedlielioas hays been made r.Zhor directly or Indirectly
frern the full napes earned by any porSon,ofh&Ilium permissible deduellons as dagncd in Rasulalbn!1.Part
a(29 C.F.R.Subtitle A),Mead by She Sacretary of Lbbor Uhdor the Cepeland Pcl,a$amended(45 Slat.945,
59 Staff.108,72 Slat.957.7f4 SIM-357:40 U.S.G.§31d5i,and described belch
0
(2)That array;paymTs DlheRvh a under this contract required to ha submitted tier tine above period are
wrreet and ewrprloto;that the wage ratan for laborers or mechanics contaiked lhsrafn am not Ics than the
applicable wage rates contained rn any vine ddcmiriallon Inowpwaled into the contract that the
eb ificatlons Eat forth therein tot cash laborer or rnechmric conform%qh the wcck Me parfamed.
(3) That --my approoikse omployed in the eb^rve,period arc duly.iepi.Wfed In n bars title
oppronSiceship program rrMlstemd vv0h a State apprantIceshlp.*gteucy nscoWizeil by the Mareau of
Appr(Malkcelip anat'rWAIrS Unilod States Depertrreint of labor,or If no such rotognlzsd agericy exists in a
State,arc rogiVured with floe Bureau of AppJanilceshlp and Trakinp,tPnitetl States Departmenl of Labor.
(4)Thar
In)WHERE FRINGE ME'NEFiTSARE PPSD TO APPROVED PLAnr3,FUNDS,OR PROGRAMS WE ANp TITL9 I SrgNATURE
0 — In addition tp 1he_basic hourly ivne ralas paid to oaoh kitwrar or.meetr Wu.baled'in
the above cpferencod payroll,peymPnr._of frir4lo franeBls a0 fiutad In the rnnirael ME 1V EAK PALsMEAFEN CF ANY OF THE AapuE STAI`GMO Ta MY 8UPJEUT TIIE CCNrRA.CTOR OR
have been or wet by made w appropdate programs Tor the benefit of euch 6U9D1VIRACTepTbCM6CRLRFdi\KLPpa Cl9rJt]bSE(iSEerrnV1031aF TITLE iDANb=-110N7]1CFTRIP
ompbyaES,except as rioted in SLaflo 14{c)below;. 71 C6 IRiZ Utlt11 0 STATE6 CCOE.
LCP ARI
LABOR COMPLIANCE PROGRAM ANNUAL REPORT
Format for Awarding Body that enforces its own Labor Compliance Program for some but not all projects D
—I
Report for the reporting period to —i
1 mm l J
2
L.Name of Labor Compliance Program(LCP): TZ
--I
n
2.LCP I.D.Number(assigned by DIR): 3.Date of Initial Approval: 1
Z
Z
4.Contact person(include name,title,address,telephone,fax,and e-mail,if available): C
a
r
m
`O O
--I
5. Did LCP perform any LC§ 1771.5 enforcement activities during the 12 months in the reporting period?
n
Please check one: F Yes If Yes,proceed to item 6 on the next page
r No If No,complete the information below,sign the form and submit to DIP,Office of the Director,Attn: LCP.Special Assistant,
455 Golden Gate Avenue,1 Oth Floor,San Francisco CA 94102
m
3
What suggestions do you have for the Department of Industrial Relations to better assist you with your program in the coming year?(attach additional sheets if
necessary) D
- —1
rr1
T
. O
X
SUBMITTED BY:
Signature Name and Title Date
LCP ANNUAL REPORT 8 CCR§16431 =-AB limited 2008
LCP AR1
6.LC§ 1771.5 enforcement activities(provide all information requested,attaching as many sheets as necessary).
A.List projects handled by LCP within the past 12 months.
Project Name Bid Advertisement Date Prime Contractor Contract Amount
Total
B.Summary of all wages and penalties assessed and/or recovered.
v,
Approval of
Affected Contractor Amount Amount Forfeiture
Project Name (who directly employed the Assessed Recovered Requested from Description of Violation
worker) Labor
Commissioner?
f Yes F No .
r-Yes !—No
F Yes f No
F Yes r No
I—Yes fNo
F Yes F No
F Yes Ir No
r Yes r No
Totalt��� IZ
;S'i5,
.� tka�ao`+.
LCP ANNUAL REPORT 8 CCR§16431 --AB limited 2008
1 1
LCP ARI
C.For any amount identified in item B for which approval of forfeiture not requested from the Labor Commissioner,please explain below.
Project Name Amount Assessed Amount Recovered Explanation
Total
D.For any amount identified in item B for which approval of forfeiture was requested from the Labor Commissioner,please provide the following:
Project Amount Assessed Amount Recovered
Name LC§1776(g) LC§1775 LC§1813 Wages Total LC§ 1776(g) LC§ 1775 LC§ 1813 Wages Total
t^ Total
E.Identify cases that are or were the subject of LC§ 1742 proceedings.
Project Name Contractor Nature of Violation ODL Case# Current Status
F.Did you refer any contractor to the Labor Commissioner for debarment per LC§1777.1?
Please check one: r Yes F No
If yes,identify affected contractor(s)or subcontractor(s)and date(s)of referral:
G.Did you refer any apprenticeship violation to the Division of Apprenticeship Standards(DAS)?
Please check one: F Yes I—No
If yes,identify affected contractor(s)or subcontractor(s)and date(s)of referral:
LCP ANNUAL REPORT 8.CCR§16431 --AB limited, 2008