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Construction contracts for Proposition S & 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, and paying training trust fund contributions. The District monitors all Proposition S & N projects for compliance with these requirements. Noncompliance with the law regarding payment of prevailing wages can result in action by the California Division of Labor Standards Enforcement.
Prevailing Wages
There are many prevailing wage classifications and workers must be paid the appropriate wage for the work performed. The current prevailing wages, by classification, can be found on the Department of Industrial Relations website.
Compliance Monitoring Unit
The Compliance Monitoring Unit (CMU) was created to monitor and enforce prevailing wage requirements on public works projects that receive state bond funding, and on other projects that are legally required to report to the CMU. The CMU began operations on January 1, 2012 following the adoption of AB 436 and approval of revisions to program regulations.
Only projects for which the public works contract is awarded on or after January 1, 2012 are subject to the CMU requirements.
Contracts awarded prior to January 1, 2012 will remain subject to the prior monitoring and enforcement rules (labor compliance programs for some bond-funded or design/build projects or no specific monitoring requirement) for the life of those projects.
Apprenticeship Program
California State labor code requires that apprentices work at least one out of every five total hours (20%) on a public works project. Contractors may only utilize apprentices only if they are registered with the State of California 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.
Prior to start of construction, contractors must submit DAS Form 140 to its applicable training organization, or if not signatory, to all applicable training organizations that can supply apprentice for each classification used. 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.
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.