Labor Compliance Program Manual - San Francisco Public Schools
Labor Compliance Program Manual - San Francisco Public Schools
Labor Compliance Program Manual - San Francisco Public Schools
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Awarding Body LCP State of California Requirements as of January 21, 2009<br />
Procedures <strong>Manual</strong><br />
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C. Audit Rights:<br />
A copy of all payrolls shall be submitted weekly to the awarding body. Certified payroll records<br />
shall contain the full name, address, and social security number of each employee, his or her correct<br />
classification, rate of pay, daily and weekly number of hours worked, itemized deductions made,<br />
and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen.<br />
The employee’s address and social security number need only appear on the first payroll on which<br />
his or her name appears. The payroll shall be accompanied by a “Statement of <strong>Compliance</strong>” signed<br />
by the employer or agent indicating that the payrolls are correct and complete and that the wage<br />
rates contained therein are not less than those required by the Department of Industrial Relations.<br />
The “Statement of <strong>Compliance</strong>” shall be on forms furnished by the awarding body or on any form<br />
with identical wording. <strong>Compliance</strong> will also need to be documented on a Fringe Benefit Statement,<br />
as well as any <strong>Public</strong> Works documentation required by the Division of Apprenticeship Standards.<br />
Per CCR Section 16434 (d):<br />
“For each public work project subject to a <strong>Labor</strong> <strong>Compliance</strong> <strong>Program</strong>’s enforcement of prevailing<br />
wage requirements, a separate, written summary of labor compliance activities and relevant facts<br />
pertaining to that particular project shall be maintained. That summary shall demonstrate that<br />
reasonable and sufficient efforts have been made to enforce prevailing wage requirements consistent<br />
with the practice of the <strong>Labor</strong> Commissioner. Appendix C following this section provides a suggested<br />
format for tracking and monitoring enforcement activities. <strong>Compliance</strong> records for a project shall be<br />
retained until the later of (1) at least one year after the acceptance of the public work or five years after<br />
the cessation of all labor on a public work that has not been accepted, or (2) one year after a final<br />
decision or judgment in any litigation under <strong>Labor</strong> Code Section 1742. For purposes of this section, a<br />
written summary or report includes information maintained electronically, provided that the summary<br />
or report can be printed out in hard copy form or is in an electronic format that (1) can be transmitted<br />
by e-mail or compact disk and (2) would be acceptable for the filing of documents in a federal or state<br />
court of record within this state.”<br />
If, by the 15th of the month, the contractor has not submitted satisfactory payroll records for all<br />
work performed during the monthly period ending on or before the first of that month, the awarding<br />
body can retain an amount equal to 10 percent of the estimated value of the work performed<br />
(exclusive of mobilization) during the month from the next monthly estimate, except that such<br />
retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit<br />
satisfactory payroll records shall be additional to all other retentions provided for in the <strong>Public</strong><br />
Works contract. The retention for failure to submit satisfactory payrolls for any monthly period will<br />
be released for payment when the monthly estimate for partial payments next following the date<br />
that all such payrolls for which the retention was made are submitted.<br />
Appendix E documents changes that the Director to the Title 8, California Code of Regulations section<br />
listed below. The Notice of Proposed Rulemaking with the changes are effective January 21, 2009:<br />
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SFUSD - 8 - Chapter 4