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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 />

Brief Statement of Issues<br />

Report of Audit including supporting documents showing the wage underpayment issues that<br />

have been identified at this point in your investigation. Include an Audit Spreadsheet showing the<br />

calculations of the wages found due, dates that you have discussed the issues with the employer, the<br />

employer’s response, and an analysis of all the factually based evidence that support your<br />

conclusion. 1<br />

Report of Investigation stating each penalty related issues that have been identified at this point in<br />

your investigation. Include an audit spreadsheet showing that calculates the 1775 and 1813<br />

penalties assessed, description of the opportunities you have given to the contractor to address the<br />

criteria listed below, the employer’s response to each issue, and an analysis of all the factually<br />

based evidence that the employer has submitted to refute your conclusion. 2<br />

Please explain the reason of <strong>Labor</strong> Code 1775 penalty recommendations:<br />

State whether the <strong>Labor</strong> Code Section 1775 penalties are based upon either:<br />

Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake.<br />

Explain.<br />

If so, the error was promptly and voluntarily corrected upon being brought to the attention of the contractor or<br />

subcontractor. Explain.<br />

Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.<br />

1<br />

2<br />

If the issue is misclassification be sure to include a detailed description of the work performed by each victim/witness and the basis for your<br />

determination that the work was misclassified.<br />

Including all evidence of the awarding body’s contact with the prime contractor and/or the subcontractor relative to the obligation to pay the<br />

prevailing wage, and/or the prime contractor’s contacts with the subcontractor’s relative to the obligation to pay the prevailing wage, and/or the<br />

complaining witness’s contacts with the affected contractor relative to the obligation to pay the prevailing wage, and/or the DLSE’s contacts with the<br />

affected contractor relative to the obligation to pay the prevailing wage.<br />

______________________________________________________________________________________________<br />

SFUSD - 61 - Appendix D

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