Chapter 8. Office of the Director
Subchapter 4. Awarding Body Labor Compliance Programs
Article 5. Enforcement

§16436. Forfeitures Requiring Approval by the Labor Commissioner.

(a) “Forfeitures” are the amounts of unpaid penalty and wage money assessed by the Labor Compliance Program for violations of the prevailing wage laws.

(b) “Failing to pay the correct rate of prevailing wages” means those public works violations which the Labor Commissioner has exclusive authority to approve before they are recoverable by the Labor Compliance Program, and which are appealable under Labor Code Sections 1771.6 and 1742. Regardless of what are defined as “prevailing wages” in contract terms, non-compliance with the following are failures to pay prevailing wages.

(1) Nonpayment of items defined as “Employer Payments” and “General Prevailing Rate of Per Diem Wages” in Title 8 CCR Section 16000 and Labor Code Sections 1771 and 1773.1.

(2) Payroll records required by Labor Code Section 1776.

(3) Labor Code Section 1777.5, but only insofar as the failure consisted of paying apprentice wages lower than the journeyperson rate to a person who is not an apprentice as defined in Labor Code Section 3077, working under an apprentice agreement in a recognized program.

(4) Labor Code Section 1778, Kickbacks.

(5) Labor Code Section 1779, Fee for registration.

(6) Labor Code Sections 1813, 1815, and Title 8 CCR Section 16200(a)(3)(F) overtime for work over 8 hours in any one day or 40 hours in any one week.

NOTE

Authority cited: Section 1773.5, Labor Code. Reference: Sections 1742, 1771, 1771.5, 1773.1, 1777.5, 1776, 1778, 1779, 1813, 1815 and 3077, Labor Code.

HISTORY

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

2. Amendment of subsections (a)-(b)(1) and amendment of Note filed 10-19-2004; operative 11-18-2004 (Register 2004, No. 43).