Section 1773.1 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1773.1
. (a) Per diem wages, as the term is used in this chapter or
in any other statute applicable to public works, includes employer
payments for the following:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training programs authorized by
Section 3093, to the extent that the cost of training is reasonably
related to the amount of the contributions.
(7) Worker protection and assistance programs or committees
established under the federal Labor Management Cooperation Act of
1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the
programs or committees are directed to the monitoring and enforcement
of laws related to public works.
(8) Industry advancement and collective bargaining agreements
administrative fees, provided that these payments are required under
a collective bargaining agreement pertaining to the particular craft,
classification, or type of work within the locality or the nearest
labor market area at issue.
(9) Other purposes similar to those specified in paragraphs (1) to
(8), inclusive.
(b) Employer payments include all of the following:
(1) The rate of contribution irrevocably made by the employer to a
trustee or third person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer reasonably
anticipated in providing benefits to workers pursuant to an
enforceable commitment to carry out a financially responsible plan or
program communicated in writing to the workers affected.
(3) Payments to the California Apprenticeship Council pursuant to
Section 1777.5.
(c) Employer payments are a credit against the obligation to pay
the general prevailing rate of per diem wages. However, credit shall
not be granted for benefits required to be provided by other state or
federal law, or for payments made to monitor and enforce laws
related to public works if those payments are not made to a program
or committee established under the federal Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a). Credits for employer
payments also shall not reduce the obligation to pay the hourly
straight time or overtime wages found to be prevailing. However, an
increased employer payment contribution that results in a lower
hourly straight time or overtime wage shall not be considered a
violation of the applicable prevailing wage determination if all of
the following conditions are met:
(1) The increased employer payment is made pursuant to criteria
set forth in a collective bargaining agreement.
(2) The basic hourly rate and increased employer payment are no
less than the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work in the director'
s general prevailing wage determination.
(3) The employer payment contribution is irrevocable unless made
in error.
(d) An employer may take credit for an employer payment specified
in subdivision (b), even if contributions are not made, or costs are
not paid, during the same pay period for which credit is taken, if
the employer regularly makes the contributions, or regularly pays the
costs, for the plan, fund, or program on no less than a quarterly
basis.
(e) The credit for employer payments shall be computed on an
annualized basis when the employer seeks credit for employer payments
that are higher for public works projects than for private
construction performed by the same employer, unless one or more of
the following occur:
(1) The employer has an enforceable obligation to make the higher
rate of payments on future private construction performed by the
employer.
(2) The higher rate of payments is required by a project labor
agreement.
(3) The payments are made to the California Apprenticeship Council
pursuant to Section 1777.5.
(4) The director determines that annualization would not serve the
purposes of this chapter.
(f) (1) For the purpose of determining those per diem wages for
contracts, the representative of any craft, classification, or type
of worker needed to execute contracts shall file with the Department
of Industrial Relations fully executed copies of the collective
bargaining agreements for the particular craft, classification, or
type of work involved. The collective bargaining agreements shall be
filed after their execution and thereafter may be taken into
consideration pursuant to Section 1773 whenever they are filed 30
days prior to the call for bids. If the collective bargaining
agreement has not been formalized, a typescript of the final draft
may be filed temporarily, accompanied by a statement under penalty of
perjury as to its effective date.
(2) When a copy of the collective bargaining agreement has
previously been filed, fully executed copies of all modifications and
extensions of the agreement that affect per diem wages or holidays
shall be filed.
(3) The failure to comply with filing requirements of this
subdivision shall not be grounds for setting aside a prevailing wage
determination if the information taken into consideration is correct.