Labor Compliance Program Manual - San Francisco Public Schools

Awarding Body LCPl State of California Requirements as of January 21, 2009
Procedures Manual
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CHAPTER 12 – Penalties
Failure to pay prevailing wages to every worker on a California State regulated project may result
in the contractor being prohibited from bidding on public works projects for three years by the
Division of Labor Standards Enforcement. In addition, wages not paid become forfeitures and can
be collected from the contractor. Fines of up to $50 per day can also be assessed. The penalties are
severe and range from misdemeanors to felonies (Labor Code sections 1777.5-1777). Although the
fundamental obligation to pay prevailing wage rates rests with the contractor, ensuring payment
also is important to SFUSD as awarding body .
Failure to pay required overtime wages will result in the assessment of $25 per worker per
violation, per Labor Code Section 1813.
It is against the law for an employer or other person to accept any compensation from workers on a
prevailing wage project. Anyone found guilty of accepting fees, bribes or any other form of
compensation or kickbacks from a worker on a prevailing wage project is guilty of a felony. Any
person or company that attempts to charge a fee for registration or information about public works
employment is guilty of a misdemeanor. See Labor Code Section 1778.
Every person, who individually or as a representative of an awarding or public body or officer, or as
a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives, or
conspires with another to take or receive, for his own use or the use of any other person any portion
of the wages of any workman or working subcontractor, in connection with services rendered upon
any Public Work is guilty of a felony.
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SFUSD - 30 - Chapter 12