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 _________________________________________________________________________________________________ Brief Statement of Issues Report of Audit including supporting documents showing the wage underpayment issues that have been identified at this point in your investigation. Include an Audit Spreadsheet showing the calculations of the wages found due, dates that you have discussed the issues with the employer, the employer’s response, and an analysis of all the factually based evidence that support your conclusion. 1 Report of Investigation stating each penalty related issues that have been identified at this point in your investigation. Include an audit spreadsheet showing that calculates the 1775 and 1813 penalties assessed, description of the opportunities you have given to the contractor to address the criteria listed below, the employer’s response to each issue, and an analysis of all the factually based evidence that the employer has submitted to refute your conclusion. 2 Please explain the reason of Labor Code 1775 penalty recommendations: State whether the Labor Code Section 1775 penalties are based upon either: Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake. Explain. If so, the error was promptly and voluntarily corrected upon being brought to the attention of the contractor or subcontractor. Explain. Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. 1 2 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 determination that the work was misclassified. Including all evidence of the awarding body’s contact with the prime contractor and/or the subcontractor relative to the obligation to pay the 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 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 affected contractor relative to the obligation to pay the prevailing wage. ______________________________________________________________________________________________ SFUSD - 61 - Appendix D
Awarding Body LCP State of California Requirements as of January 21, 2009 Procedures Manual _________________________________________________________________________________________________ Disposition of the Case by the Labor Commissioner Approved: Wages $_______________ 1775 Penalties $____________ 1776 Penalties $____________ TOTAL $_________________ Training $__________________ 1813 Penalties_____________ Approved as alternative (modified) penalty amount: Wages $_______________ Training $__________________ 1775 Penalties $____________1813 Penalties $_____________ 1776 Penalties $____________ TOTAL $_________________ Rejected: ____________________________________ __________________ State Labor Commissioner Date ______________________________________________________________________________________________ SFUSD - 62 - Appendix D
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Labor Compliance Program Manual - San Francisco Public Schools

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