Section 1773 Of Article 2. Wages From California Labor Code >> Division 2. >> Part 7. >> Chapter 1. >> Article 2.
1773
. The body awarding any contract for public work, or otherwise
undertaking any public work, shall obtain the general prevailing rate
of per diem wages and the general prevailing rate for holiday and
overtime work in the locality in which the public work is to be
performed for each craft, classification, or type of worker needed to
execute the contract from the Director of Industrial Relations. The
holidays upon which those rates shall be paid need not be specified
by the awarding body, but shall be all holidays recognized in the
applicable collective bargaining agreement. If the prevailing rate is
not based on a collectively bargained rate, the holidays upon which
the prevailing rate shall be paid shall be as provided in Section
6700 of the Government Code.
In determining the rates, the Director of Industrial Relations
shall ascertain and consider the applicable wage rates established by
collective bargaining agreements and the rates that may have been
predetermined for federal public works, within the locality and in
the nearest labor market area. Where the rates do not constitute the
rates actually prevailing in the locality, the director shall obtain
and consider further data from the labor organizations and employers
or employer associations concerned, including the recognized
collective bargaining representatives for the particular craft,
classification, or type of work involved. The rate fixed for each
craft, classification, or type of work shall be not less than the
prevailing rate paid in the craft, classification, or type of work.
If the director determines that the rate of prevailing wage for
any craft, classification, or type of worker is the rate established
by a collective bargaining agreement, the director may adopt that
rate by reference as provided for in the collective bargaining
agreement and that determination shall be effective for the life of
the agreement or until the director determines that another rate
should be adopted.