Cal. Code Regs. tit. 8 § 16423

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 16423 - Approved Labor Compliance Program Required by Statute

(a) Whenever an Awarding Body either is required by statute to enforce or contract to enforce a Labor Compliance Program that contains or meets the requirements of Labor Code section 1771.5, or has electd to enforce such a program, the Awarding Body must have its own program that has been approved by the Director pursuant to these regulations.

(b) The governing board of any Awarding Body that is required to enforce a Labor Compliance Program under subpart (a) above shall make a written finding that the Awarding Body has established its own Labor Compliance Program in accordance with the requirements of Labor Code Section 1771.5(b) and this subchapter. Copies of this finding together with notice of whether or not the Awarding Body intends to initiate and enforce its Labor Compliance Program for (1) all public works projects under the authority of the Awarding Body, or (2) only those public works projects under the authority of the Awarding Body that are subject to the provisions of Article 1 of Subchapter 4.5 (beginning with section 16450) below shall be provided promptly to the Director and prior to certifying to any other entity that the Awarding Body has complied with the statutory requirement to have a Labor Compliance Program.

(c) For purposes of these regulations, an approved program refers to the entity that has applied for and received approval by the Director pursuant to these regulations and not to that entity's manual or methodology for conducting labor compliance enforcement.

(d) Unless otherwise required by statute, an Awarding Body is not required to have separate Labor Compliance Programs or separate approvals from the Director for different types of projects or funding sources, provided that (1) the Awarding Body has provided all notices required by subpart (b) above, (2) the Labor Compliance Program has timely filed all reports required by this subchapter, and (3) the Director has not otherwise limited the approved scope of operation for the Labor Compliance Program.

(e) The limited exemption from payment of prevailing wages provided by Labor Code Section 1771.5(a) and section 16433 below shall not apply unless the Awarding Body either (1) elects to initiate and enforces a Labor Compliance Program for every public works project under the authority of the Awarding Body; or (2) elects to reimburse the Department of Industrial Relations for compliance monitoring and enforcement and complies with the requirements of Labor Code Section 1771.5(f) for every public works project under its authority.

(f) A list of statutes that require Awarding Bodies to have a Labor Compliance Program as a condition of project authorization, project funding, or use of specified contracting authority shall be maintained on the Department of Industrial Relations' website.

Cal. Code Regs. Tit. 8, § 16423

1. New section filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).
2. Amendment of section heading, section and NOTE filed 12-22-2008; operative 1-21-2009 (Register 2008, No. 52).
3. Amendment of subsections (a) and (b)(1)-(2) and new subsection (b)(3) filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).
4. Amendment of subsections (a) and (b)(1)-(2) and repealer of subsection (b)(3) filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (b)(1)-(2) and repealer of subsection (b)(3) refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a) and (b)(1)-(2) refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).
7. Certificate of Compliance as to 8-1-2011 order, including further amendment of section, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).

Note: Authority cited: Section 1773.5, Labor Code. Reference: Section 1771.5, Labor Code.

1. New section filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).
2. Amendment of section heading, section and Note filed 12-22-2008; operative 1-21-2009 (Register 2008, No. 52).
3. Amendment of subsections (a) and (b)(1)-(2) and new subsection (b)(3) filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).
4. Amendment of subsections (a) and (b)(1)-(2) and repealer of subsection (b)(3) filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (b)(1)-(2) and repealer of subsection (b)(3) refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a) and (b)(1)-(2) refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).
7. Certificate of Compliance as to 8-1-2011 order, including further amendment of section, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).