Construction contracts for Proposition “S” and “N” Construction Bond projects are subject to California labor laws regarding “public works” projects. The San Diego Community College District intends that all workers be paid the proper prevailing wage and that there are also opportunities for apprentice work on these projects. Contractors must abide by the state labor laws, including payment of proper prevailing wage, utilizing apprentices, and paying training trust fund contributions. The District will monitor all Proposition “S” and “N” projects for compliance with these requirements. Contractors will be required to submit electronic versions of their certified payroll reports. Noncompliance with the law regarding payment of prevailing wages can result in action by the California Division of Labor Standards Enforcement.
Prevailing Wages
The State of California’s Department of Industrial Relations determines prevailing wages for workers in various areas of the state. There are many prevailing wage classifications and workers must be paid the appropriate wage for the work performed. The current Prevailing Wages, by classification, issued by the Department of Industrial Relations can be found at the following website: http://www.dir.ca.gov/DLSR/PWD/index.htm
Apprenticeship (Apprenticeship Program)
California State labor code requires that apprentices work at least one out of every five total hours (16.7%) on a “public works” project. Contractors may only utilize apprentices if they are registered with the Division of Apprenticeship Standards (DAS). The following link provides sources of apprentices at local state certified apprenticeship programs. Contractors can verify that their workers are registered apprentices by checking directly with the Division of Apprenticeship Standards interactive website.
Prior to start of construction, contractors must submit DAS Form 140 to the San Diego Community College District as well as to the DAS. The District intends to monitor contractor’s participation in providing opportunities for local residents. Information about apprenticeship can be found directly at the District’s Apprenticeship website:
Training Fund Contributions
A portion of the prevailing wage must be provided as a contribution to a training fund. A contractor must either participate in a certified apprenticeship program or make payments directly to the California Apprenticeship Council. Payments are due on the 15th of every month. Training Fund Contribution Form.
Complaints by workers
Workers who suspect they are not being paid the correct wage package, including fringe benefits, should file a Division of Labor Standards Enforcement, Form 1 and report their concern to the District’s Program Manager.
Electronic Certified Payroll
Forms
FAQ's
- Q: Where can I find the prevailing wage I’m required to pay my workers?
- A: Contractors can find the proper wage to pay workers on the State of California’s Department of Industrial Relations website: dir.ca.gov. However, the prevailing wage determination by DIR in effect at construction contract award controls the wages for workers on that contract.
- Q: What is an apprentice?
- A: Only persons that are enrolled in a state approved apprenticeship program qualify as apprentices under California Prevailing Wage Law.
- Q: Where can I find apprentices?
- A: Apprentices can only be requested and dispatched from state approved apprenticeship programs.
- Q: What is DAS Form 140?
- A: The DAS Form 140 is used to notify the apprenticeship programs of construction start on a public works project. Contractors approved to train apprentice are required to provide contract award information to the apprenticeship committee for each applicable apprentice craft or trade.
- Q: Do I have to file my certified payroll electronically?
- A: Yes, the general contractors and all listed subcontractors in the contract document will be required to file their certified payroll reports online via FMI’s LCPtracker website.
- Q: How do I meet my wage and fringe obligation under California Prevailing Wage Law?
- A: A contractor or subcontractor performing work on a “public works” project can meet its prevailing wage obligation by paying the worker the amount specified by the Department of Industrial Relations directly on the workers paycheck or paying into "bona fide" fringe benefit plans, or a combination of these methods.
- Q: Who do I contact to get additional information on the Labor Compliance Program?
- A: If you have any additional questions regarding this program you may contact Marty Glaske at (619) 573-7882.