FAQ's

I am a non-union contractor with a public works contract. I have my own employees. Do I still have to employ apprentices?

If your work involves the use of apprenticeable crafts or trades (indicated by a "#" symbol next to the name of the craft or trade within the Wage Determinations), you are obligated to hire and train apprentices on the project to meet the minimum ratio required by Section 3077 of the Labor Code. At a minimum, you must provide timely notice of public contract (includes subcontracts) award (DAS Form 140 or equivalent) to all approved apprenticeship programs in the county of the project for the trades you will use on the project and you are required to request dispatch of apprentices from one or more of those programs (DAS Form 142 or equivalent), for each apprenticeable trade, in a sincere effort to have apprentices dispatched. If such request is made to all qualified programs and no apprentices can be dispatched to you, you will be compliant with your apprenticeship requirements. Issuing a request and then canceling it does not satisfy the request requirement. Approved apprenticeship programs for all counties and trades can be found on the Division of Apprenticeship Standards (DAS) website at http://www.dir.ca.gov/Databases/das/pwaddrstart.asp

Where do I find the Wage Determinations and other requirements that apply to public works projects?

The Wage Determinations applicable to public works projects may be found at:

http://www.dir.ca.gov/DLSR/DPreWageDetermination.htm

In order to research the proper generation of Wage Determination for a given project, you need to know which generation is applicable to that specific project. Check with the agency advertising the project or their Labor Compliance Program.

Where can I find California employment, prevailing wage and apprenticeship laws and regulations?

Employment, prevailing wage and apprenticeship laws and regulations may be found at;

http://www.dir.ca.gov/dlsr/statistics_research.html

Click on "Laws and Regulations" at the bottom of the main screen window.

How does the prevailing wage affect me?

California's prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to observe the same minimum wage rates when bidding on a public works project. California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project worth over $1,000.

If I believe that I am not being paid the correct prevailing wage or fringe benefits required by prevailing wage laws, how can I file a complaint?

If you believe you have not received the proper prevailing wages and fringe benefits and the project you are working on has a Labor Compliance Program in force, you should contact that Labor Compliance Program to file a complaint. The Labor Compliance Program is obligated to assist you in filing the complaint and is required to fully investigate that complaint.

If Golden State Labor Compliance is administering the labor compliance program for the awarding agency you may call us at 1-800-843-7144 or email us at clientservices@goldenstatelc.com.

If the project you are working on does not have a Labor Compliance Program in force, you may file your complaint with the Department of Industrial Relations (DIR), Division of Labor Standards Enforcement (DLSE) by accessing their web site at http://www.dir.ca.gov/dlse/dlse.html or by calling or writing to them requesting a Public Works - Initial Report DLSE-PW Form 1.

What is a "Predetermined Increase"?

At the time that any given generation of Wage Determinations is issued by the DIR Director, many individual craft determinations include pre-negotiated future increases that are applicable to that determination for some time, going forward. In some cases, this may cover a period of several years. In the Division of Labor Statistics and Research (DLSR) wage determination website noted above, each listing of classifications and determinations indicates, at the extreme right of the screen, whether a determination is subject to Predetermined Increases or not. Where they are, details are provided about the amounts and effective dates of any Predetermined Increases.

The contractor bidding a project under a certain wage determination generation (i.e. 2008-2 or 2009-1) is responsible for paying each Predetermined Increase, in addition to the prevailing wage listed, starting on the effective date of each Predetermined Increase.

If I bid a job that is subject to a certain generation of Wage Determinations, am I subject to any increases that may be reflected in subsequent generations of Wage Determinations that may be issued over the course of the project?

No, the Wage Determination in effect as of the first advertisement date for a project remain in effect for the entire life of the contract, no matter how long the work goes on. This is not to be confused with the issue of Predetermined Increases, which are part of the original Wage Determination and must be paid.