Department of Industrial Relations. Labor Commissioner s Office. Public Works

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1 Department of Industrial Relations Labor Commissioner s Office Public Works

2 DIR Organizational Structure Director s Office o Office of Policy, Research and Legislation, formerly known as the Division of Labor Statistics and Research o Legal Unit Labor Commissioner s Office, also known as the Division of Labor Standards Enforcement Division of Apprenticeship Standards Cal-OSHA, also known as the Division of Occupational Safety and Health Division of Workers Compensation Other various offices, boards and commissions 2

3 Public Works Defined

4 Public Works Basic Definition Under the California Labor Code, [P]ublic works means: Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds,... (Section 1720(a)(1))

5 Public Works Includes Maintenance Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. (Section 1771) The SB854 requirements apply to all public works, as defined by the Labor Code

6 Labor Code Section For the purposes of this chapter, contractor and subcontractor include a contractor, subcontractor, licensee, officer, agent, or representative thereof, acting in that capacity, when working on public works pursuant to this article and Article 2 (commencing with Section 1770). (Amended by Stats. 1982, Ch. 454, Sec. 132.)

7 Labor Code Section A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, contractor includes a subcontractor as defined by Section

8 SB 854 Public Works Reforms

9 SB Public Works Reform Law Law went into effect on June 20, 2014 Addresses the Underground Economy o Estimated between $100-$200 billion in California Requires contractors to be in good standing and register with DIR in order to bid or work on public works projects DLSE emphasis will be going after the bad acting contractor hurting the industry as a whole

10 SB 854 Timing June 20, All public works awards need to be submitted into the PWC 100 database July 1, 2014 Registration and fees began January 1, Labor Code section (a) needs to be in all bid/contract documents March 1, 2015 Contractors must be registered for in order to bid on public works projects April 1, 2015 Contractors must be registered to be awarded a public works project and submit certified payroll records to the Labor Commissioner ecpr system January 1, All public works contractors must furnish certified payroll records (online) to the Labor Commissioner with some exceptions

11 Public Works Contractor Requirements In order to register with DLSE, contractors must: o Certify or provide proof of workers compensation insurance o Have no outstanding liabilities for wages, damages, interest, fines or penalties due to an employee or the state o Good Standing: Cannot be under federal or state debarment from performing public works o Have a valid Contractor s license if necessary for your trade o After registration becomes mandatory (next slide) no bids or work without registration for first violation in 12 month period may pay $2000 penalty to register

12 Public Works Contractor Registration (PWCR)

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20 Electronic Certified Payroll Record Reporting (ecpr)

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24 Public Works Newsline Launched December 2015: Keeps all users apprised of the latest public works laws and updates: PWC 100 Enhancement Project electronic Certified Payroll Record Application Contractor Registration Application New Public Works Laws

25 Instructions to Subscribe Go to DIR website at Click on Director s Office on top of home page Click Press Room Go to bottom of Press Room page Click Subscribe to a distribution list Enter your address, name Check the Public Works Newsline box Click on the subscribe tab

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29 You may also contact Public Works at: