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Title 8. Industrial Relations Chapter 8. Office of the Director Subchapter 4.5. Compliance Monitoring and Enforcement by Department of Industrial Relations Article 2. Compliance Monitoring by Labor Commissioner

New Query

§16462. Complaints.

(a) The Compliance Monitoring Unit shall accept complaints from workers or members of the public alleging nonpayment of the required minimum rates of pay to workers or other violations of the prevailing wage laws on projects that are subject to this subchapter. Complaints shall be filed in writing with the Division of Labor Standards Enforcement as soon as the alleged violation is known, and the Division may provide for complaints to be filed electronically. A complaint need not conform to any technical requirements as long as it contains sufficient information to identify the project, affected parties and dates, and describes the subject matter of the complaint in enough detail to enable the Division to commence an investigation into whether a violation occurred.

(b) The Compliance Monitoring Unit shall notify the contractor and subcontractor of any noncompliance as soon as practicable where such notice may enable the contractor or subcontractor to correct the non-compliance. This early notice may describe the nature of the violation only, and it is not necessary that the notice include a full summary of any unpaid wages due.

Note: Authority cited: Sections 54, 55, 1771.55 and 1773.5, Labor Code. Reference: Sections 1741, 1771.55 and 1775, Labor Code.

HISTORY

1. New section filed 6-29-2010; operative 8-1-2010 pursuant to Government Code section 11343.4(b) (Register 2010, No. 27).

2. Repealer filed 11-4-2010 as an emergency; operative 11-4-2010 (Register 2010, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-3-2011 or emergency language will be repealed by operation of law on the following day.

3. Repealer refiled 5-2-2011 as an emergency; operative 5-2-2011 (Register 2011, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2011 or emergency language will be repealed by operation of law on the following day.

4. Repealer refiled 8-1-2011 as an emergency; operative 8-1-2011. A Certificate of Compliance must be transmitted to OAL by 10-31-2011 or emergency language will be repealed by operation of law on the following day (Register 2011, No. 31).

5. Reinstatement of section as it existed prior to 11-4-2010 emergency repeal by operation of Government Code section 11346.1(f) (Register 2011, No. 49).

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