Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 4. Limited Exemption from the Requirement to Pay Prevailing Wages

§ 16433. Limited Exemption.

(a) As provided in Labor Code Section 1771.5(a), an Awarding Body which operates an approved Labor Compliance Program for every public works project under its authority may choose not to require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work for any public works project of $25,000 or less when the project is for construction or installation work, or of $15,000 or less when the project is for alteration, demolition, repair, or maintenance work.

(b) A project for construction, installation, alteration, demolition, repair, or maintenance work shall be identified as such in the call for bids, and in the contract or purchase order.

(c) If the amount of a contract subject to subpart (a) above is changed and, as a result, exceeds the applicable limit under which the payment of the general rate of per diem wages is not required, workers employed on the contract after the amount due the contractor has reached the applicable limit shall be paid the general rate of per diem wages for regular, holiday or overtime work, as the case may be.

Note: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1720(a)(1) and 1771.5, Labor Code.

HISTORY

1. New section filed 2-20-92; operative 3-23-92 (Register 92, No. 13).

2. Amendment of section and Note filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).

3. Amendment of subsection (a) and Note filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

4. Certificate of Compliance as to 8-1-2011 order, including further amendment of section and Note, transmitted to OAL 10-28-2011 and filed 12-7-2011; operative 1-1-2012 (Register 2011, No. 49).