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California

1. When is the prevailing wage rate used?
2. What is the definition of a public works or related projects?
3. Are there project monetary thresholds?
4. Are any types of projects specifically exempted?
5. What is included in the calculation of wage rates?
6. Who calculates the prevailing wage rates?
7. Enforcement: what are the penalties for violations? Criminal or fines?
8. Can contractors be debarred?
9. Are there posting requirements?
10. Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11. Record Maintenance?
12. Are there any provisions which discuss apprentices?

When is the prevailing wage rate used?
No information at this time
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What is the definition of a public works or related projects?
a) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. (1720)

b) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. "Public work" does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. (1720) (Please see the attached sheets for Section 1778.)

c) Street, sewer, or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state, or of any political subdivision or district thereof, whether the political subdivision or district operates under a freeholder's charter or not. (1720)

d) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds. (1720)

e) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. (1720)

f) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. (1720) (Please see the attached sheets for Section 143 of the Streets and Highway Code.)

g) Any construction work done under private contract when all of the following conditions exist:

  • The construction contract is between private persons. (1720.2)
  • The property subject to the construction contract is privately owned, but upon completion of the construction work, more than 50 percent of the assignable square feet of the property is leased to the state or a political subdivision for its use.
  • Either of the following conditions exist:
    • The lease agreement between the lessor and the state or political subdivision, as lessee, was entered into prior to the construction contract.
    • The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the lessor and the state or political subdivision, as lessee, is entered into during, or upon completion of, the construction work.

h) The hauling of refuse from a public works site to an outside disposal location, with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state.
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Are there project monetary thresholds?
In California, those projects whose values are less than $1,000 are not subject to the prevailing wage law. (U.S. Department of Labor)
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Are any types of projects specifically exempted?

  • Projects whose values are less than $1,000 are exempt from the prevailing wage law. (U.S. Department of Labor)
  • Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority.
  • If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to the requirements of this chapter.
  • The construction or rehabilitation of affordable housing units for low- or moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from a Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds.
  • Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to the requirements of this chapter if one or more of the following conditions are met: (1720) (Please refer to the attached section for further detail.)
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What is included in the calculation of wage rates?
Employer Payments. Includes: (16000)(1) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program for the benefit of employees, their families and dependents, or retirees; (16000)(2) The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to employees, their families and dependents or to retirees pursuant to an enforceable commitment or agreement to carry out a financially responsible plan or program which was communicated in writing to the workers affected; and (16000)(3) The rate of contribution irrevocably made by the contractor or subcontractor for apprenticeship or other training programs authorized by Section 3071 and/or 3093 of the Labor Code. (16000)
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Who calculates the prevailing wage rates?
Division of Labor Statistics and Research (16100)
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Enforcement: what are the penalties for violations? Criminal or fines?
A) Every contractor for public works who violates this section (discrimination) is subject to all the penalties imposed for a violation of this chapter.

B) There are civil wage and penalty assessments for each suspected violation.

C) Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue from the date that the wages were due and payable, as provided in Part 7 (commencing with Section 1720) of Division 2, until the wages are paid.

D) (1) The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order, which is no longer subject to judicial review, has been issued. (1741) (Please see the attached sheet for an explanation of Section 1775.)
(2) The list shall include the date of each assessment, the amount of wages and penalties assessed, and the amount collected. (1741)
(3) The list shall be updated at least quarterly, and the contractor's or subcontractor's name shall remain on that list until the assessment is satisfied, or for a period of three years beginning from the date of the issuance of the assessment, whichever is later. (1741)
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Can contractors be debarred?
Deny the right to bid on public work contracts to contractors or subcontractors who have violated public work laws, as set forth in Labor Code Section 1777.7
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Are there posting requirements?
Specify the appropriate prevailing wage rates, in accordance with Labor Code Sections 1773.2 and 1777.5.

The posting requirement is applicable for each job site. (16100)
EXCEPTION: If more than one work-site exists on any project, then the applicable rates may be posted at a single location which is readily available to all workers.

If a wage rate for a craft, classification or type of worker is not published in the Director's general prevailing wage determinations, a request for a special determination should be made by the awarding body to:

Chief, Division of Labor Statistics and Research
P.O. Box 420603
San Francisco, CA 94142

Mail at least 45 days prior to the project bid advertisement date. (16100)
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Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
A) Any court collecting any fines or penalties under the criminal provisions of this chapter or any of the labor laws pertaining to public works shall as soon as practicable after the receipt thereof deposit same with the county treasurer of the county in which such court is situated. Amounts so deposited shall be paid at least once a month by warrant of the county auditor drawn upon requisition of the judge or clerk of said court, to the State Treasurer for deposit in the General Fund.

B) The above paragraph simply states that the money goes to a "General Fund" and therefore, I cannot say for sure if the money is used for enforcement purposes or not.
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Record Maintenance?
Keep accurate records of the work performed on the public works project, as set forth in Labor Code Section 1812.
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Are there any provisions which discuss apprentices?
"Worker" includes laborer, worker, or mechanic.

A public works requirement is that the contractor must use the appropriate number of apprentices are on the job site, as set forth in Labor Code Section 1777.5.
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References
1.) United States Department of Labor
* The web-site gives a table with each states prevailing wage monetary threshold.

2.) California Labor Code - Sections 1720 through 1743

3.) California Code of Regulations
* Chapter 8. Office of the Director: Sub-chapter 3. Payment of Prevailing Wages upon Public
Works: Article 3. Duties, Responsibilities, and Rights of Parties.

4.) Division 1: Department of Industrial Relations: Chapter 8: Office of the Director
* Sub-chapter 3. Payment of Prevailing Wages upon Public Works

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