Section 1771.5 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1771.5
. (a) Notwithstanding Section 1771, an awarding body may
choose not to require the payment of the general prevailing rate of
per diem wages or the general prevailing rate of per diem wages for
holiday and overtime work for any public works project of twenty-five
thousand dollars ($25,000) or less when the project is for
construction work, or for any public works project of fifteen
thousand dollars ($15,000) or less when the project is for
alteration, demolition, repair, or maintenance work, if the awarding
body has elected to initiate and has been approved by the Director of
Industrial Relations to enforce a labor compliance program pursuant
to subdivision (b) for every public works project under the authority
of the awarding body.
(b) For purposes of this section, a labor compliance program shall
include, but not be limited to, the following requirements:
(1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
(2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
(3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
(4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
(5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
(6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.
(7) The awarding body shall comply with any other prevailing wage
monitoring and enforcement activities that are required to be
conducted by labor compliance programs by the Department of
Industrial Relations.
(c) For purposes of this chapter, "labor compliance program" means
a labor compliance program that is approved, as specified in state
regulations, by the Director of Industrial Relations.
(d) For purposes of this chapter, the Director of Industrial
Relations may revoke the approval of a labor compliance program in
the manner specified in state regulations.