Labor Compliance

Raul M. Rojas, County Purchasing Agent, Director, Public Works
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New Labor Compliance Requirements (Prevailing Wage, SB 854 Etc.)

All contractors/vendors doing business with public agencies throughout the State of California (including County of Marin) must comply with applicable labor compliance requirements including, but not limited to prevailing wages, SB 854, Labor Code Sections 1771.1(a) and 1725.5, Public Works Contractor Registration Program, Electronic Certified Payroll Records submission to the State Labor Commissioner and other requirements described on the direct link provided below. Applicable projects are subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

Applicability

Labor Code Section 1720 and Section 1771 defines "public works" as construction, alteration, demolition, installation, or repair work (including maintenance), done under contract and paid for in whole, or in part with public funds with a total cost (labor and materials) in excess of $1,000. Maintenance Work (CCR Section 16000 and Section 16001) is defined as: Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired.

Pursuant to CCR Section 16001, the application of state prevailing wage rates when higher is required whenever federally funded or assisted projects are controlled or carried out by California awarding bodies of any sort.

New Bidding Requirements

  1. No contractor or subcontractor shall be listed on a bid for a public works project on or after March 1, 2015 unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5;
  2. No Contractor or Subcontractor may be awarded a contract for a public works project awarded on or after April 1, 2015 unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5

New Prevailing Wage Requirements

  1. Commencing April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
  2. To be eligible for contract award, pursuant to Labor Code Section 1773.2, contractors/vendors shall provide the general rate of per diem wages for each craft, classification or type of worker needed to execute the work. However, the County of Marin will provide a copy of prevailing rate of per diem wages to be paid by contractors with the Department of Public Works Office of Procurement Services located at: 3501 Civic Center Drive, Room 404, San Rafael, Ca, 94913.

In addition, pursuant to Labor Code Section 1771.4(a)(2), the prime contractor shall post job site notices as prescribed by regulation.

For More Information, Please Refer To The Department Of Industrial Relations Website.