Construction contracts for Proposition S & N construction bond projects are subject to California labor laws regarding public works projects. The San Diego Community College District intends that all workers be paid the proper prevailing wage and that there are also opportunities for apprentice work on these projects. Contractors must abide by the state labor laws, including payment of proper prevailing wage, utilizing apprentices, and paying training trust fund contributions. The District will monitor all Proposition S & N projects for compliance with these requirements. Contractors will be required to submit electronic versions of their certified payroll reports. Noncompliance with the law regarding payment of prevailing wages can result in action by the California Division of Labor Standards Enforcement.
Prevailing Wages
The State of California’s Department of Industrial Relations determines prevailing wages for workers in various areas of the state. There are many prevailing wage classifications and workers must be paid the appropriate wage for the work performed. The current Prevailing Wages, by classification, can be found on the Department of Industrial Relations website.
Compliance Monitoring Unit/Design-Build Projects
The Compliance Monitoring Unit (CMU) is a new component within the State of California Division of Labor Standards Enforcement (DLSE) that was created to monitor and enforce prevailing wage requirements on public works projects that receive state bond funding, and on other projects that are legally required to report to the CMU. The CMU began operations on January 1, 2012 following the adoption of AB 436 and approval of revisions to program regulations.
By actively monitoring compliance the CMU will play a special role in ensuring that public works construction workers are promptly paid the proper prevailing wage rates and in helping maintain a level playing field for contractors who comply with the law. Only projects for which the public works contract is awarded on or after January 1, 2012 are subject to the CMU requirements.
Contracts awarded prior to January 1, 2012 will remain subject to the prior monitoring and enforcement rules (labor compliance programs for some bond-funded or design/build projects or no specific monitoring requirement) for the life of those projects. The CMU will monitor any SDCCD design/build project with contracts awarded after January 1, 2012. The regulations and reporting requirements will be different than on current SDCCD projects. For more information on the CMU visit http://www.dir.ca.gov/dlse/cmu/cmu.html or contact the District’s Labor Compliance Manager Marty Glaske at 619-231-6100 or mglaske@gafcon.com.
Apprenticeship (Apprenticeship Program)
California State labor code requires that apprentices work at least one out of every five total hours (20%) on a public works project. Contractors may only utilize apprentices only if they are registered with the State of California Division of Apprenticeship Standards (DAS). The following link provides sources of apprentices at local state certified apprenticeship programs. Contractors can verify that their workers are registered apprentices by checking directly with the Division of Apprenticeship Standards interactive website.
Prior to start of construction, contractors must submit DAS Form 140 to its applicable training organization, or if not signatory, to all applicable training organizations that can supply apprentice for each classification used. The District intends to monitor contractor’s participation in providing opportunities for local residents. Information about apprenticeship can be found directly at the District’s Apprenticeship website.
Training Fund Contributions
A portion of the prevailing wage must be provided as a contribution to a training fund. A contractor must either participate in a certified apprenticeship program or make payments directly to the California Apprenticeship Council. Payments are due on the 15th of every month. Training Fund Contribution Form.
Complaints by workers
Workers who suspect they are not being paid the correct wage package, including fringe benefits, should file a Division of Labor Standards Enforcement, Form 1 and report their concern to the District’s Program Manager.
Prevailing Wage Complaint Form (English/Spanish)
Prevailing Wage Complaint Form (English/Chinese)
Forms
- Labor Compliance Program (LCP) Checklist
- Division of Apprenticeship Standards (DAS) Form 140
- California Apprenticeship Council, Form 2, Trust Fund Contributions
FAQ's
- Q: Where can I find the prevailing wage I’m required to pay my workers?
- A: Contractors can find the proper wage to pay workers on the State of California’s Department of Industrial Relations website: dir.ca.gov. However, the prevailing wage determination by DIR in effect at the project bid advertisement date controls the wages for workers on that contact.
- Q: What is an apprentice?
- A: Only persons that are enrolled in a state approved apprenticeship program qualify as apprentices under California Prevailing Wage Law.
- Q: Where can I find apprentices?
- A: Apprentices can only be requested and dispatched from state approved apprenticeship programs.
- Q: What is DAS Form 140?
- A: The DAS Form 140 is used to notify the apprenticeship programs of construction start on a public works project. Contractors approved to train apprentice are required to provide contract award information to the apprenticeship committee for each applicable apprentice craft or trade.
- Q: Do I have to file my certified payroll electronically?
- A: Yes, the general contractors and all subcontractors in the contract document will be required to file their certified payroll reports online via FMI’s LCPtracker website.
- Q: How do I meet my wage and fringe obligation under California Prevailing Wage Law?
- A: A contractor or subcontractor performing work on a “public works” project can meet its prevailing wage obligation by paying the worker the amount specified by the Department of Industrial Relations directly on the workers paycheck or paying into "bona fide" fringe benefit plans, or a combination of these methods.
- Q: Who do I contact to get additional information on the Labor Compliance Program?
- A: If you have any additional questions regarding this program you may contact Marty Glaske at (619) 573-7882.