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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 />

_________________________________________________________________________________________________<br />

c) Reports submitted electronically must be either (1) in the form of a non-modifiable<br />

image or record that bears an electronic signature or includes a copy of any original<br />

certification made on paper, or alternatively (2) printed out and submitted on paper with<br />

an original signature.<br />

d) The requirements for redacting certain information shall be followed when certified<br />

payroll records are disclosed to the public pursuant to <strong>Labor</strong> Code Section 1776(e)<br />

whether the records are provided electronically or as hard copies; and<br />

e) No contractor or subcontractor shall be mandated to submit or receive electronic reports<br />

when it otherwise lacks the resources or capacity to do so, nor shall any contractor or<br />

subcontractor be required to purchase or use proprietary software that cannot be generally<br />

available to the public.<br />

Note: the Director has made the following substantive changes to the regulations originally<br />

proposed in the Notice of Proposed Rulemaking, effective January 21, 2009:<br />

Section 16404 (e). Use of Electronic Reporting Forms.<br />

The words “submit or” have been inserted before the word “receive” to indicate that the<br />

limitations expressed in that subpart apply both to the sending and receiving of electronic<br />

payroll records. See Appendix E.<br />

3) Upon request, records can include supporting documents as described in the California<br />

Code of Regulations that can verify the payment of prevailing wages, including “all time<br />

cards, canceled checks, cash receipts, trust fund forms, books, documents, schedules, forms,<br />

reports, receipts or other evidences which reflect job assignments, work schedules by days<br />

and hours, and the disbursement by way of cash, check, or in whatever form or manner, of<br />

funds to a person(s) by job classification and/or skill pursuant to a public works project.”<br />

4) Provide a Fringe Benefit Statement<br />

The form, also known as a Statement of Employer Payments (PW 26), must be completed<br />

by each contractor and subcontractor indicating whether they pay the employees in cash or<br />

whether payments are made to a third party trust, plan or fund for health and welfare<br />

benefits, vacation funds, or makes pension contributions. It must contain the fund or trust<br />

name, address, administrator, and amount per hour contributed and frequency of<br />

contributions for each classification of worker. Training fund contributions must be reported<br />

on this form. A copy of the form can be downloaded from:<br />

http://www.dir.ca.gov/dlse/DLSEForm-PW26.pdf<br />

______________________________________________________________________________________________<br />

SFUSD - 13 - Chapter 6

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