Cal. Code Regs. tit. 8 § 16451

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

Section 16451 - Notice of Projects Subject to Requirements of Subchapter. [Text Effective January 1, 2012]

(a) The Awarding Body shall provide the Director with notice of any project that is subject to the requirements of this subchapter, including projects that are subject only to the notice requirement in this subpart as specified in section 16450(c) above, as follows:

(1) For any project paid for in whole or in part out of public funds, within the meaning of Labor Code Section 1720(b), that are derived from a bond issued by the state, the Awarding Body shall provide notice at the time it receives notice that the funding agency has awarded or released the funds, whichever is later.

(2) For any other project that is not subject to subpart (1) above, the Awarding Body shall provide notice at the time it awards the design-build contract, if using design-build contracting authority, or at the time it awards the initial prime contract, if using any other contracting authority.

(3) The notice required by this section shall be sent to the Office of the Director of Industrial Relations, Attention: Special Assistant, 455 Golden Gate Avenue, 10th Floor, San Francisco, CA 94102, and shall include the following information:

(A) The date of the contract;

(B) The names and contact information for the parties to the contract;

(C) A brief description of the work to be performed;

(D) The precise location or locations where the work will be performed;

(E) The estimated starting date of work on the project;

(F) The source or sources of any state-issued public works bond funding for the project, and the amounts paid or estimated to be paid by each source of that funding;

(G) The estimated total project costs, including the gross amount of every contract for "public works" within the meaning of sections 1720 and following of the Labor Code, but not including amounts paid for land acquisition or for internal costs or contracts that are not for public works within the meaning of sections 1720 and following of the Labor Code;

(H) The name, title, and contact information for the Awarding Body representative who will be responsible for carrying out the Awarding Body's obligations under this subchapter; and

(I) Whether the Awarding Body had entered into a collective bargaining agreement that binds all contractors and subcontractors performing work on the project and includes a mechanism for resolving disputes about the payment of wages.

(4) In lieu of submitting a written notice as specified in subpart (a)(3), the Awarding Body may complete and transmit the notice on line using the format and instructions for completing and transmitting the form specified on the Department's website.

(b) The Director may provide for the submission of a single notice to comply with the requirements of subpart (a) above and the notification requirements of Section 1773.3 of the Labor Code.

(c) The Call for Bids, Design-Build Request, and the contract or purchase order shall contain appropriate language concerning the requirements of Division 2, Part 7, Chapter 1 of the Labor Code and shall also state that the project is subject to the requirements of this subchapter, including the obligation to furnish certified payroll records directly to the Labor Commissioner in accordance with section 16461 below.

(d) On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations under this subchapter, the Awarding Body shall post or require the prime contractor to post a Notice containing the following language:

"This public works project is subject to monitoring and investigative activities by the Compliance Monitoring Unit (CMU) of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This Notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site to enable the CMU to ensure compliance with and enforcement of prevailing wage laws on public works projects.

"The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on the project. These rates are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity which awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this project may be filed with the CMU at any office of the Division of Labor Standards Enforcement (DLSE).

Local Office Telephone Number: _________________________

"Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws due to the short period of time following the completion of the project that the CMU may take legal action against those responsible.

"Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc) as well as the name of the employer, the public entity which awarded the public works contract, and the location and name of the project.

"For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any DLSE office. Complaint forms are also available at the Department of Industrial Relations website found at www.dir.ca.gov/dlse/PublicWorks.html."

Cal. Code Regs. Tit. 8, § 16451

1. New section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).
2. Repealer 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.
3. Repealer refiled 5-2-2011 as an emergency, including amendment of NOTE; 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.
4. Repealer 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).
5. Certificate of Compliance as to 8-1-2011 order, including amendment of section heading, adoption of new section and amendment of NOTE, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).

Note: Authority cited: Sections 1771.3, 1771.5 and 1773.5, Labor Code. Reference: Sections 17250.30 and 81704, Education Code; Section 6531, Government Code; Sections 1771.3, 1771.5, 1771.7, 1773.2 and 1773.3, Labor Code; and Sections 6804, 20133, 20175.2, 20193, 20209.7, 20688.6 and 20919.3, Public Contract Code.

1. New section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).
2. Repealer 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.
3. Repealer refiled 5-2-2011 as an emergency, including amendment of Note; 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.
4. Repealer 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).
5. Certificate of Compliance as to 8-1-2011 order, including amendment of section heading, adoption of new section and amendment of Note, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).