Labor Compliance Program Manual - San Francisco Public Schools

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Awarding Body LCP State of California Requirements as of January 21, 2009 Procedures Manual _________________________________________________________________________________________________ § 16404. Use of Electronic Reporting Forms. The certified payroll records required by Labor Code Section 1776 may be maintained and submitted electronically subject to all of the following conditions: (a) The reports must contain all of the information required by Labor Code Section 1776, with the information organized in a manner that is similar or identical to how the information is reported on the Department of Industrial Relations’ suggested “Public Works Payroll Reporting Form” (Form A-1- 131); (b) The reports shall be in a format and use software that is readily accessible and available to contractors, awarding bodies, Labor Compliance Programs, and the Department of Industrial Relations; (c) Reports submitted to an awarding body, a Labor Compliance Program, the Division of Labor Standards Enforcement, or other entity within the Department of Industrial Relations must be either (1) in the form of a non-modifiable image or record that bears an electronic signature or includes a copy of any original certification made on paper, or alternatively (2) printed out and submitted on paper with an original signature; (d) The requirements for redacting certain information shall be followed when certified payroll records are disclosed to the public pursuant to Labor Code Section 1776(e), whether the records are provided electronically or as hard copies; and (e) No contractor or subcontractor shall be mandated to submit or receive electronic reports when it otherwise lacks the resources or capacity to do so, nor shall any contractor or subcontractor be required to purchase or use proprietary software that is not generally available to the public. NOTE: Authority cited: Sections 54, 55, 1773.5, and 1776, Labor Code. Reference: Section 1776, Labor Code. ______________________________________________________________________________________________ SFUSD - 9 - Chapter 4
Awarding Body LCP State of California Requirements as of January 21, 2009 Procedures Manual _________________________________________________________________________________________________ CHAPTER 5 – Detail of Prevailing Wage Coverage A. Public Works and Prevailing Wages Defined The Prevailing Wage is defined as not less than the general prevailing rate of pay for work of a similar character in the County in which the project is located and as determined by the Director of the Department of Industrial Relations pursuant to the provisions of Division 2, Part 7, Chapter 1 of the California Labor Code. Prevailing wages shall be paid to all workers employed for construction, alteration, demolition, installation or repair work performed in the execution of a Public Works contract. The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment, or tools used in or upon the work, shall be considered a part of the work to be performed under a Public Works contract and any laborers, workers, or mechanics working on such machinery, equipment, or tools, shall be subject to all of the requirements relating to labor set forth in the Public Works contract. The construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the contract or on contracts under the supervision of the awarding body, shall be considered a part of the work to be performed under the contract and any laborers, workers, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in the contract. Eight hours’ labor constitutes a legal day’s work. The Contractor shall forfeit as a penalty to the awarding body, $25 for each worker employed in the execution of the contract by the contractor or by any subcontractor for each day during which such worker is required or permitted to labor more than 8 hours in violation of Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815. B. Apprentices The contractor’s attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. Section 1777.5 requires the contractor or subcontractor employing persons, as defined, in any apprenticeable occupation to apply to the joint apprenticeship committee which is nearest the site of the Public Works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of a Public Works contract. The ratio of work performed by apprentices to journeymen in such cases shall not be less than 1 hour to 5 hours, except when the State has documented other ratio requirements. ______________________________________________________________________________________________ SFUSD - 10 - Chapter 5
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Labor Compliance Program Manual - San Francisco Public Schools

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