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 _________________________________________________________________________________________________ CHAPTER 6– Contractor Requirements The contractor shall certify that they are aware of the provisions of section 1773 of the Labor Code, which requires the payment of prevailing wage on Public Works projects. Also, the contractor and any subcontractors under the contractor shall comply with Section 1776, regarding wage records, and with Section 1777.5, regarding the employment and training of apprentices of the Labor Code. It is the contractor’s responsibility to ensure compliance by any and all subcontractors performing work under a Public Works contract. The contractor shall maintain certified payroll records and basic records (time cards, cancelled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, etc) during the course of the work. These records shall be made available to the awarding body for a period of three (3 years) thereafter to be maintained at their project or office location. 1) Maintain and furnish records (labor code section 1776) a) Keep and maintain certified payroll records along with a Statement of Compliance (Public Works Payroll Reporting Form A-1-131 in Appendix D). Each contractor and subcontractor is required by labor code section 1776 to keep and maintain certified payroll reports. b) All certified payroll reports are to be submitted for review during the course of the contract and furnished at times designated in the contract or within 10 days of the request by the awarding body or their LCP administrator. A certified payroll reporting form can be obtained from any office of the Department of Industrial Relations’ Division of Labor Standards Enforcement (DLSE). If the contractor uses his/her own form, it must contain the following information: Employee full name, address and social security number Work classification Amount paid per hour. If payments are made to any third party trust, funds or plans for health and welfare, pension or vacation trusts, as part of the employer’s prevailing wage obligation, then those payments should be indicated on the payroll report. The basic wage rate paid per hour plus the amounts contributed per hour for benefits, including training fund contributions, must at least equal the total prevailing rate required for that classification. Daily regular, overtime and holiday hours and weekly totals. Gross/net wages paid for this project/all projects. ______________________________________________________________________________________________ SFUSD - 11 - Chapter 6
Awarding Body LCP State of California Requirements as of January 21, 2009 Procedures Manual _________________________________________________________________________________________________ Contractor’s full name and address. Project name and location. Dates of the payroll. Certification statement or Statement of Compliance signed by a person with the authority to represent the company. This statement must declare under penalty of perjury that 1) the information contained in the payroll record is true and correct and 2) the employer has complied with the requirements of labor code sections 1771, 1811 and 1815 for any work performed by his or her employees on the public works project. It is important that each contractor and subcontractor write “FINAL” on the last submitted certified payroll record for the project. The contractor must complete a Non-Performance Report for each week in which no work is performed. All days worked on a project must be accounted for, including Saturdays, Sundays and holidays. Time cards (completed by workers), front and back copies of cancelled payroll checks, check stubs, daily logs, employee sign-in sheets, cancelled fringe benefit checks, fringe benefit statements, and/or any other record may be used by the LCP administrator or awarding body at any time to verify the accuracy of the certified payroll record and shall be provided by the contractor within 10 days following the receipt of a request for those records. 2) Electronic submittals of certified payroll records The Director of the Department of Industrial Relations has added a new section 16404 that expressly authorizes contractors and subcontractors to maintain and submit electronic payroll records, subject to the following conditions: a) The reports must contain all of the information required in 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 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, designated LCP administrators, and the Department of Industrial Relations. ______________________________________________________________________________________________ SFUSD - 12 - Chapter 6
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