Labor Compliance Program Manual - San Francisco Public Schools

Awarding Body LCP State of California Requirements as of January 21, 2009
Procedures Manual
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3. Failure to Submit Certified Payroll Records:
Prime contractor shall be responsible for the submission of certified payroll records for
itself and all subcontractors, of any tier, within ten (10) days of the week ending date of
each week.
The prime contractor and subcontractors have 10 days upon notification by the awarding
body or their representative in which to submit basic records and/or to correct inaccuracies
or omissions that have been detected by the review of records.
4. Failure to Pay Fringe Benefits:
Fringe benefits are defined as the amounts stipulated for employer payments or trust fund
contributions and are determined to be part of the required prevailing wage rate. Failure to
pay or provide fringe benefits and/or make trust fund contributions on a timely basis is
equivalent payment of less than the stipulated wage rate. Should back wages be due and
there is no agreement on payment after meeting with the contractors, the LCP administrator
shall report the matter to the Labor Commissioner as a willful violation, upon completion of
an investigation and audit.
5. Failure to pay the Correct Apprentice Rate and/or misclassifications of workers as
Apprentices:
Failure to pay the correct apprentice rate as a result of:
Classifying a worker as an apprentice when not properly registered
Employing apprentices outside of the prescribed ratios is equivalent
6. Taking of Kickbacks:
Accepting or extracting kickbacks from employee wages under Labor Code Section 1778
constitutes a felony and may be prosecuted by the appropriate enforcement agency.
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SFUSD - 29 - Chapter 11