California prevailing wage laws and certified payroll reporting requirements are quite complex and can be mandated by any of the following agencies or organizations, each with their own unique set of reporting requirements.
- The California Department of Industrial Relations (DIR) and the filing of Form A-1-131.
- The California Department of Transportation (CALTRANS) and the filing of a modified WH-347 form.
- The U.S. Department of Labor and the filing of a standard WH-347 Form.
- Electronic filing requirements on specific construction projects through the use of LCPtracker, TRS Consultants, and/or Elation Systems, Inc. D-BAS Labor Compliance Software.
- Additional “paper filing requirements” by Labor Compliance Organizations, such as, Golden State Labor Compliance, LLC or CalLCP.
- Electronic filing requirements being introduced on August 1, 2010 through the California Department of Industrial Relations Compliance Monitoring Unit (CMU), which will utilize the TRS Consultants Inc., on-line Labor Compliance Program
Because of these complexities, contractors frequently ask these questions about California Prevailing Wage Laws.
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Q. What is the methodology for determining the prevailing wage rate?
A. The prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification or type of work within the locality and in the nearest labor market area (if a majority of such workers are paid at a single rate). If there is no single rate paid to a majority, then the single or modal rate being paid to the greater number of workers is prevailing.
Q. How does the prevailing wage affect me?
A. 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 use the same 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.
Q. What is a general prevailing wage determination?
A. When the director of the California Department of Industrial Relations determines that the general prevailing rate of per diem wages for a particular craft, classification, or type of worker is uniform throughout an area, the director issues a determination enumerated county by county, but co vering the entire area. General determinations are issued twice a year on February 22 and August 22.
Q. What is a special prevailing wage determination?
A. When a particular craft, classification or type of worker is not covered by a general determination, the awarding body may request a special prevailing wage determination. Requests must be made at least 45 days prior to the bid advertisement date.
Q. What is an issue date?
A. The date upon which copies of the determination of the director are deposited in the mail. Determinations are issued twice a year – Feb. 22 and Aug. 22.
Q. Why is there an expiration date for each prevailing wage determination?
A. The expiration date indicates when the determination of the director of the California Department of Industrial Relations is subject to change.
Q. What does it mean when there is a single asterisk (*) after the expiration date of a prevailing wage determination?
A. Prevailing wage determinations with a single asterisk after the expiration date, which are in effect on the date of advertisement for bids, remain in effect for the life of the project. Interested parties should contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date (if no subsequent determination is required) or visit our website.
Q. What does it mean when there are double asterisks (**) after the expiration date of a prevailing wage determination?
A. Prevailing wage determinations with double asterisks after the expiration date indicate that the basic hourly wage rate, overtime, holiday pay rates and employers’ payments for work performed after this date have been predetermined. If work is to extend past this date, the new rates must be paid and should be incorporated in contracts entered into now.
Q. What is a predetermined change?
A. Definite changes to the basic hourly wage rate, overtime, holiday pay rates and employer payments which are known and specified in the applicable collective bargaining agreement at the time of the bid advertisement date and which are referenced in the general prevailing rate of per diem wages.
Q. What is the effective date of a prevailing wage determination?
A. The date upon which the determinations of the director of the California Department of Industrial Relations go into effect. This date is 10 days after the issue date of the determination.
Q. What is a residential project?
A. Projects consisting of single-family homes and apartments up to and including four stories are subject to payment of prevailing wages when paid for in whole or in part out of public funds, including federally funded or assisted residential projects controlled or carried out by an awarding body.
Q. What is a commercial project?
A. All non-residential construction projects including new work, additions, alterations, reconstruction and repairs. This includes residential projects over four stories.
Q. What is a coverage determination?
A. A process in which the awarding body or any other interested party (such as a contractor, employee, union or labor-management compliance organization) may request a written determination by the director of the Department of Industrial Relations about a specific construction project or type of work to be performed.
Q. When does overtime apply?
A. Compensation for all hours worked in excess of eight hours per day and 40 hours during any one week should be not less than one-and-one-half times the basic rate of pay. For specific overtime requirements, please refer to the prevailing wage determinations.
Q. What are the threshold requirements for a public works project?
A. Prevailing wages must be paid to all workers employed on a public works project when the public works project is over $1,000. If an awarding body elects to initiate and enforce a labor compliance program, that has been approved by the Director of the Department of Industrial Relations, for every public works project under the authority of the awarding body, prevailing wages are not required to be paid for any public works project of $25,000 or less when the project is for construction work, or for any public works project of $15,000 or less when the project is for alteration, demolition, repair, or maintenance work.
For more details, please refer to the applicable statutes and regulations regarding the payment of prevailing wages and General Prevailing Wage Determination(s) including the footnotes. Such information is available on the Department of Industrial Relations’ website at http://www.dir.ca.gov/.
Beginning August 1, 2010 contractors working on public works construction projects in California will find that they are subject to the regulations of the Public Works Compliance Monitoring Unit (CMU) – part of the California Department of Industrial Relations – in accordance with State Senate Bill X2-9, that was signed into law in February 2009.
The CMU will conduct the required monitoring and enforcement of the states public works prevailing wage laws on specific state bond funded and/or design-build procurement construction projects undertaken by public entities in California and awarded on or after the effect date of the regulations – August 1, 2010.
The California Department of Industrial Relations Compliance Monitoring Unit’s mission is to ensure that workers on state bond funded and/or design-build procurement construction projects are being paid the proper prevailing wage rates, published by the DIR through the Division of Labor Statistics & Research (DLSR) for the they of work they are performing (work classification). This is all done to create a level playing field for contractors and to verify that state construction projects are completed in compliance with state labor laws.
As a contractor working on these projects, how does this affect me?
The bottom line is that you will need to electronically file your certified payroll reports (rather than submit a paper form) using an independent on-line or internet based Labor Compliance Program (LCP), which has been developed by TRS Consultants, Inc. (http://www.trsconsultants.com/trs/cm/index.html and http://www.mylcm.com/index_jc.html)
You will be able to either manually enter your payroll data or upload your payroll data, from major construction accounting and payroll program (including QuickBooks when used in conjunction with our Certified Payroll Solution QuickBooks integrated add-on), into the electronic certified payroll reporting (eCPR) system.
You will need to register, and make sure that ALL of your subcontractors and lower-tier subcontractors are registered with the Labor Compliance Program (LCP), are trained in the use of the eCPR system, and are electronically submitting their certified payroll data.
eCPR training and on-going support is provided at no charge to contractors and participating sub-contractors.
As an added “bonus” ALL contract-specific wage rates and classifications are available within the eCPR system; this makes it easier for contractors to find the wage decision and applicable wage rates for their employees.
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Certified Payroll Solution has provided a bridge between QuickBooks and the Labor Compliance Program developed by TRS Consultants, Inc. since August 2004, by taking the certified payroll data and saving it in a specific file format – the user then logs into the on-line program, and uploads the file from their computer.
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Web Resources:
- California Department of Industrial Relations, Public Works Compliance Monitoring Unit Website – http://www.dir.ca.gov/dlse/cmu/cmu.html
- Current List of Bond Projects under jurisdiction of the CMU – http://www.dir.ca.gov/dlse/cmu/Bond_projects.html
- TRS Consultants Labor Compliance Management Program ONLINE DEMO – http://www.mylcm.com/index_jc.html
- How do I file electronic payroll reports – http://www.dir.ca.gov/dlse/cmu/How_to_file_epr.html
- Labor Compliance Programs & SBX2-9 Implementation – http://www.dir.ca.gov/lcp.asp
- California DIR CMU Frequently Asked Questions – http://www.dir.ca.gov/dlse/cmu/Frequently_asked_questions.html
