Background
About the Labor Compliance Program
The Labor Compliance Program at the San Francisco Unified School District (SFUSD) assures that all contractors and subcontractors comply with prevailing wage and certified payroll record laws pursuant to the State of California Labor Code, Sections 1710 thru 1861 inclusive and Title 8 of the California Code of Regulations.
The SFUSD Labor Compliance Program received initial approval from the Director of the Department of Industrial Relations March 28, 2003. In establishing this Labor Compliance Program, the District adheres to the statutory requirements as enunciated in Section 1771.5(b) of the Labor Code. Further, it is the intent of the District to actively enforce this Labor Compliance Program. The District construction sites are monitored for the payment of prevailing wage rates, and those contractors having workers on District sites are required to routinely submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates.
Requirements of the District
The District must require contractors to pay prevailing wages and must ensure that prevailing wage rates are posted at each job site. Also, if the District suspects a prevailing wage violation, it must report the suspected violation to the Labor Commissioner.
California Code of Regulations
Title 8, Chapter 8
Subchapter 3: www.dir.ca.gov/t8/ch8sb3.html
Subchapter 4: www.dir.ca.gov/t8/ch8sb4.html
School Districts' Specific Obligations Concerning Prevailing Wages
Prevailing wages must be paid on all public works projects, performed under contract,
of one thousand dollars or more. (California Labor Code §1771.)
The District must obtain the prevailing rate of per diem wages and the general prevailing rate
for holiday and overtime work in the locality in which the public work will be performed lot-
each craft, classification, or type of worker needed to execute the contract. This information
is available form the Department of Industrial Relations. (California Labor Code §1773.)
The District must state in its invitation for bids, in the bid specifications, and in the contract
itself what the general rate of per diem wages is for each craft, classification, or type of
worker needed to execute the contract or that a list of the current prevailing wages is
available at the District's offices. (California Labor Code §1773.2.)
The District must ensure that a copy of the current prevailing wages is posted at each job site.
(California Labor Code §1773.2.)
If the District lets a contract that falls within the Apprentices Program (Labor Code Section 1773.3).
the District must, within five davs of awarding the contract,
send a copy of the award to the Division of Apprenticeship Standards.
Furthermore, the District must insert stipulations into the contract that give effect to Labor Code Section 1777.5.
concerning training and paying apprentices. (California Labor Code § 1773.3.)
The District must insert into the contract stipulations=2 0that give effect to Labor Code section
1776 which is the section requiring the contractor to keep accurate records of the prevailing
wages paid—i.e.. certified payrolls.
The District shall take cognizance of violations of the prevailing wage provisions and report
any suspected violations to the Labor Commissioner. (California Labor Code §1726.) The
District may investigate suspected violations on its own. but if it determines that the
contractor or subcontractor has violated prevailing wage laws and if it withholds funds pursuant to
Labor Code section 1727.
It must follow the procedures set forth in Labor Code section 1771.6. (California Labor Code § 1726.)
The District shall withhold from payments to the contractor amounts required to satisfy any
civil wage and penalty assessment issued by the Labor Commissioner and shall not disburse
those moneys until it has received a final order that is no longer subject to judicial review.
(California Labor Code §1727.)
The District must make certified payrolls available for inspection upon proper request: it may
obtain the certified payrolls from the contractor, and the contractor is required to produce
them upon the District's request. (California Code of Regulations title 8, section 16400.)
California law gives effect to the above-referenced Labor Code
sections in the California Code of Regulations, title 8. section 16100.