Requirements

Applicable codes and requirements - Document Download

California Labor Code:

• Section 1020-1024
• Section 1720-1743
• Section 1750
• Section 1770-1781
• Section 1810-1815
• Section 1860-1861

California Government Code:

• Section 4000-4007

California Business and Professions Code:

• Section 7000-7020
• Section 7065-7077
• Section 17200-17210

California Posting Requirements

California Education Code:

• Section 17424

California Code of Regulations:

• Title 8, Chapter 8, Subchapter 3
• Title 8, Chapter 8, Subchapter 4

1. Payment of Prevailing Wages

The contractor to whom the contract is awarded and its subcontractors hired for the public works project are required to pay the specified general prevailing wage rates to all workers employed in the execution of the contract. The contractor's duty is to pay prevailing wages under labor code section 1770 et seq. should the project exceed the exemption amounts.

The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes during the life of the contract. Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view.

2. Apprentices and Electrical Certifications

It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project under labor code section 1777.5.

Electricians should be Certified by the Division of Apprenticeship Standards. Contracts and subcontractors can verify their employee certification status by going to the following website: www.dir.ca.gov/DAS/ElectricalTrade.htm

3. Penalties

There are penalties required for contractor or subcontractor failure to pay prevailing wages (for nonexempt projects) and for failure to employ apprentices including forfeitures and debarment under labor code sections 1775, 1777.7, and 1813.

4. Certified Payroll Records

Contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number, and work classification of each employee and owner performing work, the straight time and overtime hours worked each day and each week, the fringe benefits, and the actual per diem wage paid to each owner, journeyperson, apprentice worker or other employee hired for this project under labor code section 1776.

Each contractor and subcontractor shall submit weekly certified payroll records to the District. If there was no work performed during a given week, the certified payroll record shall be annotated: "no work" for that week.

There are penalties required for contractor/subcontractor's failure to maintain and submit copies of certified payroll records on request under labor code section 1776(g).

5. Nondiscrimination in Employment

Employment discrimination is prohibited under labor code sections 1735 and 1777.6, the government code, the public contracts code, and Title VII of the Civil Rights Acts of 1964, as amended. All contractors, and subcontractors are required to implement equal employment opportunity practices for women and minorities as delineated below:

Equal employment poster

The equal employment poster shall be posted at the job site in a conspicuous place, available to employees and applicants for employment, and shall remain posted for the duration of the project.

6. Kickbacks Prohibited

Contractors and subcontractors are prohibited from accepting, taking wages illegally or extracting "kickbacks" from employee wages under labor code section 1778.

7. Acceptance of Fees Prohibited

Contractors or subcontractors are prohibited from accepting fees for registering any person for public work under labor code section 1779 or for filing work orders on public works contracts pursuant to labor code section 1780.

8. Listing of Subcontractors

All prime contractors are required to list properly all subcontractors hired to perform work the public works projects covering more than one-half of 1 percent, according to government code section 4000 et seq.

9. Proper Licensing

Contractors are required to be licensed properly and to require that all subcontractors be properly licensed. Penalties are required for employing workers while unlicensed under labor code section 1021 and under the California Contractor License Law found at business and professions code section 7000 et seq.

10. Unfair Competition Prohibited

Contractors and subcontractors are prohibited from engaging in unfair competition as specified under business and professions code sections 17200 to 17208.

11. Workers Compensation Insurance

Labor code section 1861 requires contractors and subcontractors be insured properly for workers compensation.

12. OSHA

Contractors and subcontractors are required to abide by the occupational, safety, and health laws and regulations that apply to the particular construction project.