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 _________________________________________________________________________________________________ ● Contribution rate and total hours worked by apprenticeable craft ● Name of the program(s) providing apprentices, if applicable ● Number if apprentice hours worked, by apprenticeable craft and by program 8) Responsibility of Subcontractors The prime contractor shall be responsible for ensuring that the labor standards provisions are followed by all subcontractors. Moreover, the prime contractor may be jointly liable for the Labor Code violations of all subcontractors. ______________________________________________________________________________________________ SFUSD - 15 - Chapter 6
Awarding Body LCP State of California Requirements as of January 21, 2009 Procedures Manual _________________________________________________________________________________________________ CHAPTER 7 – Overview of Labor Code Sections 1771, 1774, and 1813 In accordance with provisions of Section 1773 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, pension, vacation, and similar purposes available to the particular craft, classification, or type of workers employed on the work. The General Prevailing Wage Determination is available on the web site of the Division of Labor Statistics and Research (DLSR): http://www.dir.ca.gov/DLSR/PWD All questions regarding prevailing wage requirements should also be provided by the SFUSD awarding body staff. Employees must be paid unconditionally, and not less than once each week, the full amounts which are due and payable for the period covered by the particular payday. The employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Monday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement pursuant to Labor Code Section 226. If an individual who works on the project is called a subcontractor, when in fact he/she is a journey level mechanic supplying only labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a tradeworker. Any person who does not hold a valid contractor’s license cannot be a subcontractor, and anyone hired by that person is the worker of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers’ compensation laws. A. Prevailing wage rate determinations 1) Requirements a) The law requires that workers on a publicly-funded project must be paid the prevailing wage of the area in which the project is located. Prevailing wage rates are published twice each year as prevailing wage determinations. Some trades are issued regionally (northern or southern California) and other subtrades are issued by county in which the project is located. b) Each wage determination for each classification of worker will indicate the basic wage rate and fringe benefit amounts which equal the total required wage for each classification of worker for straight time and overtime work. ______________________________________________________________________________________________ SFUSD - 16 - Chapter 7
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Labor Compliance Program Manual - San Francisco Public Schools

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