Chapter 8. Office of the Director
Subchapter 3. Payment of Prevailing Wages upon Public Works
Article 7. Registration of Public Works Contractors

§16410. Duty to Register: Online Application, Time Period, Identification Number, and Renewals.

(a) Any contractor or subcontractor who is required to be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 shall complete an online application on the Department's Public Works website and pay the applicable fee specified in section 16412.

(b) All registrations shall be for the July 1 to June 30 fiscal year or any part of the fiscal year that remains following the date of registration.

(c) Registration is required for any contractor or subcontractor who will bid on or perform public work that is subject to the requirement to pay prevailing wages as described in Labor Code Sections 1771, 1772, and 1774. This requirement includes the following specific situations, in addition to anyone else covered by the definition of contractor in Labor Code Section 1722.1.

(1) Each business entity or name that is separately licensed by the Contractors State License Board or other licensing entity and intends to bid or work on public works through that separate license, irrespective of whether the separately licensed entities or business names share a common ownership.

(2) Any entity or individual hired or engaged as an independent contractor to perform work that is subject to prevailing wage requirements. For purposes of this section, no person shall be considered an employee of another registered contractor or subcontractor unless the registered contractor or subcontractor has workers' compensation coverage for that person as specified in Labor Code Section 1725.5(a)(2)(A).

(3) Any entity or individual who is a joint employer of workers employed on public works, whether or not the entity or individual has entered into a contract or subcontract to perform the public work. For purposes of this section, a joint employer includes a professional employment agency, temporary staffing agency, or labor contractor who employs workers in the execution of any contract of public work, as well as an entity or individual who enters into a contract or subcontract to perform public work, but subcontracts with another entity or individual to perform the actual work.

(4) Any sole proprietor, including but not limited to an owner-operator, who performs any work that is subject to the requirement to pay prevailing wages under Labor Code Section 1774.

(d) Every contractor and subcontractor who registers with the Department pursuant to this Article shall be assigned a unique registration number, which may be used as an identification number on other public works forms, notices, and listings that are submitted to or maintained by the Department.

(e) Unless otherwise specified by statute or these regulations, the requirements for renewing an existing or previous registration shall be the same as the requirements for a new registration.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1722.1, 1725.5, 1771, 1771.1, 1772, 1774 and 2810.3, Labor Code.

HISTORY

1. New article 7 (sections 16410-16418) and section filed 3-23-2020; operative 5-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 13). For prior history of article 7 (sections 16410-16414), see Register 2018, No. 4.