DIR Posts Electronic Payroll Reporting Requirements for Public Works Projects That Use Ready-Mix Concrete
The Department of Industrial Relations (DIR) is advising companies that use ready-mix concrete for public works projects of changes to the applicable payroll reporting requirements under the prevailing wage laws. The changes apply to public works contracts that were advertised for bid or awarded on or after July 1, 2016.
Effective September 1, 2020, ready-mix concrete companies will be required to submit payroll online to DIR using its electronic certified payroll reporting system. Please note that this requirement applies only to the certified payroll records required by section 1776(a) of the Labor Code. The separate written time records certified by ready-mix drivers do not need to be uploaded into the electronic certified payroll report system and are only required to be submitted to the Labor Commissioner’s Office upon request.
Assembly Bill 219 governs concrete delivery on public works projects and became effective on July 1, 2016. The amendments added new section 1720.9 to the Labor Code, which provides:
- A company hauling or delivering ready-mix concrete for a public works contract shall:
- Register as a public works contractor.
- Submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the company and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties.
- Nothing in section 1720.9 shall cause any company to be treated as a contractor or subcontractor for any purpose other than the application of this chapter of the Labor Code.
Assembly Bill 219 does not apply to public works contracts that were advertised for bid or awarded prior to July 1, 2016.
DIR’s AB 219 Fact Sheet and FAQs contain more information on the requirements for ready-mix concrete work on public works projects.