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Section 1741 Of Article 1. Scope And Operation From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 1.
1741
. (a) If the Labor Commissioner or his or her designee
determines after an investigation that there has been a violation of
this chapter, the Labor Commissioner shall with reasonable promptness
issue a civil wage and penalty assessment to the contractor or
subcontractor, or both. The assessment shall be in writing, shall
describe the nature of the violation and the amount of wages,
penalties, and forfeitures due, and shall include the basis for the
assessment. The assessment shall be served not later than 18 months
after the filing of a valid notice of completion in the office of the
county recorder in each county in which the public work or some part
thereof was performed, or not later than 18 months after acceptance
of the public work, whichever occurs last. Service of the assessment
shall be completed pursuant to Section 1013 of the Code of Civil
Procedure by first-class and certified mail to the contractor,
subcontractor, and awarding body. The assessment shall advise the
contractor and subcontractor of the procedure for obtaining review of
the assessment. The Labor Commissioner shall, to the extent
practicable, ascertain the identity of any bonding company issuing a
bond that secures the payment of wages covered by the assessment and
any surety on a bond, and shall serve a copy of the assessment by
certified mail to the bonding company or surety at the same time
service is made to the contractor, subcontractor, and awarding body.
However, no bonding company or surety shall be relieved of its
responsibilities because it failed to receive notice from the Labor
Commissioner.
(b) Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue from the date that the wages were due and payable, as provided in Part 7 (commencing with Section 1720) of Division 2, until the wages are paid.
(c) (1) The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order, which is no longer subject to judicial review, has been issued.
(2) The list shall include the date of each assessment, the amount of wages and penalties assessed, and the amount collected.
(3) The list shall be updated at least quarterly, and the contractor's or subcontractor's name shall remain on that list until the assessment is satisfied, or for a period of three years beginning from the date of the issuance of the assessment, whichever is later.
(b) Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue from the date that the wages were due and payable, as provided in Part 7 (commencing with Section 1720) of Division 2, until the wages are paid.
(c) (1) The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order, which is no longer subject to judicial review, has been issued.
(2) The list shall include the date of each assessment, the amount of wages and penalties assessed, and the amount collected.
(3) The list shall be updated at least quarterly, and the contractor's or subcontractor's name shall remain on that list until the assessment is satisfied, or for a period of three years beginning from the date of the issuance of the assessment, whichever is later.
