A number of questions have been raised about the new CAC regulations that went into effect February 16, 2002. The Division of Apprenticeship Standards hopes this information will be helpful to the public and DAS hopes to add additional information.
1. Regulation 208(c) refers to the Prevailing Wage in effect on the prior March 1. What does that mean?
At this time the "prior March 1" is March 1, 2002. On that date the Prevailing Wage determination in effect was 2001-2, issued in August, 2001. This determination can be found at http://www.dir.ca.gov/DLSR/statistics_research.html.
2. What about predetermined increases?
Since 208(c) speaks of the rates in effect on March 1, any predetermined increase that had gone into effect should be considered.
3. Did this recent change to 208 make any change in the rates on publicly funded projects?
No, 208(b) did not make any change to what rates would apply.
4. What about federally funded projects where the federal government is the awarding body and controls the project?
No, 208(b) did not make any change. It continues the practice of applying the prevailing wage law, with all of the provisions for exceptions and rulings. Generally, when the federal government is the awarding body and controls the project, the federal rates apply.
5. What about federally funded projects where a state awarding body controls the projects, but there are federal funds?
In that case the higher state rate, if any, would apply. Again, the recent change to 208 did not make any change in these rules. Under the general prevailing wage law there are some special exceptions, and this rule follows those exceptions as well.
6. Must I use the new DAS 24-A form?
No, that form is provided for your convenience. If you wish to make amendments to Standards without using that form you may submit them for the Chief's review and approval.
7. My apprenticeable occupation is not one for which the Director publishes a Prevailing Wage. What should I do?
This question is addressed in section 208(c)(2). http://www.dir.ca.gov/t8/208.html. If there is no published prevailing wage rate, program sponsors should work with their local apprenticeship consultant to find the most analogous occupation with a published prevailing wage rate and submit that to the Chief DAS for approval.
8. Where can I find all the current regulations?
They are on the Department's Web site at http://www.dir.ca.gov/samples/search/querycac.htm