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Materials of interest to awarding bodies or third parties seeking approval for a labor compliance program as described in subdivision (b) of Labor Code section 1771.5 (Public Works)

Introduction

Labor Code sections 1771.7 and 1771.8 place certain obligations on an awarding body that chooses to use funds derived from the Kindergarten-University Public Education Facilities Bond Act of 2002, the Kindergarten-University Public Education Facilities Bond Act of 2004, or the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Specifically, the awarding body "shall initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program, as described in subdivision (b) of section 1771.5, with respect to that public works project." The Division of Labor Standards Enforcement, a division of the Department of Industrial Relations, is the agency primarily responsible for the enforcement of prevailing wage requirements on public works projects in California where there is no labor compliance program.

List of approved Labor Compliance Programs.

Awarding Body LCPs for specific projects Third party administrator LCPs Awarding Body LCPs for all projects

Frequently asked questions

Materials of interest to awarding bodies or third parties seeking approval for a labor compliance program as described in subdivision (b) of Labor Code section 1771.5 (Public Works)

Information on labor compliance program

The following materials will be helpful to awarding bodies and third parties seeking approval of a Labor Compliance Program (LCP) to satisfy the requirements of Labor Code section 1771.7 or 1771.8.

Title 8 of the California Code of Regulations, sections 16421-16439, authorizes the director of the Department of Industrial Relations to grant or revoke approval of an LCP, and describe in detail the process for approval of an LCP and the factors the director will consider in deciding whether to approve an LCP. Those regulations and others are included in these materials. All the materials available here are intended to educate and assist those interested parties who will seek LCP approval from the director.

Requests for approval of an LCP, and all supporting documentation, should be submitted to:

Office of the Director
Department of Industrial Relations
455 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Attention: Executive Assistant to the Director

Index to Materials

Item No. 1	Information pertaining to the factors the director must consider prior to granting LCP approval. http://www.dir.ca.gov/t8/16421.html Composition and Components of Labor Compliance Program http://www.dir.ca.gov/t8/16423.html Approved Labor Compliance Program Required for Certain Bond-Funded Projects - written finding requirement set forth in subsection (b) http://www.dir.ca.gov/t8/16424.html Application for Approval http://www.dir.ca.gov/t8/16425.html Initial Approval of Awarding Body's Labor Compliance Program - factors to be considered listed in subsection (a). http://www.dir.ca.gov/t8/16426.html Initial Approval of Third Party Labor Compliance Program -factors to be considered listed in subsection (a). http://www.dir.ca.gov/t8/16427.html Final Approval
Item No. 2	Suggested format Application to Director for Initial Approval of Awarding Body's Labor Compliance Program (§ 16425) Application to Director for Initial Approval of Third Party Labor Compliance Program (§ 16426) Labor Compliance Program Annual Report for Awarding Body that enforces its own Labor Compliance Program for all projects (Labor Code §1771.5(a)) Labor Compliance Program Annual Report for Awarding Body that enforces its own Labor Compliance Program for some but not all projects Labor Compliance Program Annual Report for Approved Program that contracts with Awarding Bodies to provide labor compliance enforcement (third party)
Item No. 3	Public works chapter of California Labor Code (§§ 1720-1861) http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody
Item No. 4	Excerpts from Title 8, California Code of Regulations (§§ 16000-16403) Payment of prevailing wages on public works Article 1. Definitions (Section 16000) Article 2. Work Subject to Prevailing Wages (Sections 16001 - 16003) Article 3. Duties, Responsibilities, and Rights of Parties (Sections 16100 - 16102) Article 4. Wage Determinations (Sections 16200 - 16206) Article 5. Petitions to Review Prevailing Wage Determinations (Sections 16300 - 16304) Article 6. Certified Payroll Records: Requests, Content, and Cost (Sections 16400 - 16403) (Includes: Definitions, work subject to prevailing wages, duties, responsibilities, and rights of parties, wage determinations, petitions to review prevailing wage Determinations, certified payroll records.)
Item No. 5	Excerpts from Title 8, California Code of Regulations (§§ 16421-16439) http://www.dir.ca.gov/t8/ch8sb4.html Awarding body labor compliance programs (Includes: Applicable dates for enforcement of awarding body labor compliance programs, approval and revocation of approval of labor compliance programs by director and notice and components of LCPs; reports; audits; and enforcement responsibilities.)
Item No. 6	Excerpts from Title 8, California Code of Regulations (Appendix A - § 16421) http://www.dir.ca.gov/t8/sb4apA.html Suggested checklist of labor law requirements to review at prejob conference
Item No. 7	Excerpts from Title 8, California Code of Regulations (Appendix B - § 16432) http://www.dir.ca.gov/t8/sb4apB.html Audit Record Form
Item No. 8	Excerpts from Title 8, California Code of Regulations (§§ 17201-17270) http://www.dir.ca.gov/t8/ch8sb6.html Rules for prevailing wage hearings

December 2006