Awarding Bodies
NOTIFICATION PAUSING ENFORCEMENT OF PW SYSTEM REQUIREMENTS - 1771.4(a)(3)
NOTIFICATION PAUSING ENFORCEMENT OF PW SYSTEM REQUIREMENTS - 1771.4(a)(3)
This is to notify interested parties that enforcement of contractor registration requirements as well as the requirement to submit electronic certified payroll records (eCPRs) to the Labor Commissioner using DIR’s online eCPR system is temporarily paused for the period of 12 months, which runs from 6/22/2024 through 6/22/2025.Awarding Agencies will not be penalized for hiring unregistered contractors. Nor will they need to withhold funds due to a contractor's inability to register or provide eCPRs due to system issues. Additionally, Awarding Bodies and Prime Contractors should not prevent contractors from bidding or working on a Public Works jobs as a result of their inability to register or submit certified payroll due to system issues.
Once the stay of enforcement is lifted, contractors will not be required to retroactively submit eCPRs nor will they be required to retroactively register.
It is important to note that the requirement to submit eCPRs is separate and distinct from the obligation in Labor Code section 1776 which is unaffected by this notice.
The Labor Commissioner recommends that awarding bodies and general contractors consider this announcement in the administration of their public works projects. Specifically, where eCPRs may be unavailable during this time, awarding bodies and general contractors should rely on certified payroll records (on forms such as the DIR Form A-1-131) maintained as required by Labor Code section 1776 to ensure continued compliance with all other public works requirements.
What Is an Awarding Body?
An awarding body is the entity that awards a contract for public works and is sometimes known as the project owner. The awarding body can be any kind of public agency or official (state, county, city, school board, water district, etc.) or a private entity using public funds.
Awarding Body Responsibilities
- Register public works projects with DIR. Project registration must be completed within 30 days of awarding the contract, but no later than the first day in which a contractor has workers employed upon the public works.
- Obtain prevailing wage rates from DIR.
- Notify potential contractors that they must register with DIR and that the project is subject to enforcement by DIR.
- Require proof of publics works contractor registration before accepting a bid or awarding a contract. To find actively registered contractors, use: search for contractor registrations.
- Post or require contractors to post jobsite notices on public works requirements.
- Ensure that public works contractors pay prevailing wages and are in compliance with public works laws.
- Report any suspected public works violations to the Labor Commissioner.
Development Proponents
What Is a Development Proponent?
A development proponent means the developer who submits an application for streamlined approval and is subject to the requirements of Government Code sections 65852.24, 65912.130, or 65913.4.
Register development proponent projects with DIR.
For more information and to find exact legal definitions and language please see the Public Works Chapter of the California Labor Code.
June 2024