Post Award Compliance
The Post Award Compliance Unit monitors City award projects to ensure compliance of local, state, and/or federal requirements. The Post Award Unit routinely monitors prevailing wage projects in accordance with the California Labor Code and the California Code or Regulations. The Post Award Unit also monitors subcontractor and vendor payments, monthly employment utilization, and subcontracting participation.
The Labor Compliance Program monitors prevailing wage and apprentice utilization requirements for the City of San Diego. Prevailing wages are specific, minimum hourly wage rates determined by state or federal government for trade workers on public works projects and include fringe benefit amounts for health insurance, vacation and pension.
When prevailing wages apply, Contract Compliance Officers:
- Present requirements at Pre-Construction Conferences
- Monitor certified payroll records
- Monitor apprentice usage
- Conduct interviews during site visits
- Resolve issues of incorrect classification and underpayment
- Maintain required documentation
- Determine contractor and subcontractor compliance with rules
The state of California's Department of Industrial Relations approved the City's current Labor Compliance Program on Dec. 29, 2009. As a certified Labor Compliance Program, the City is obligated to enforce applicable Labor Code provisions and operates as a representative of the California Department of Industrial Relations in conducting investigations.
Prior to the start of a public works project, the City holds a Pre-Construction Conference to discuss all aspects of the job with the contractor and subcontractors. Contract Compliance Officers distribute and discuss a Prevailing Wage Pre-Construction Packet with applicable laws, requirements and forms.
The Federal Davis-Bacon Act and State labor laws ensure equitable pay. For more information, visit: Davis-Bacon and Related Acts - Wage and Hour Division (WHD) - U.S. Department of Labor.
State law concerning prevailing wages can be found in the California Department of Industrial Relations Code of Regulations, Title 8.
Wage rates are set for each classification of crafts and trades. Usually, but not always, rates are based on regional collective bargaining agreements.
Federal wage rates are available at U.S. Government Printing Office Davis-Bacon Wage Determinations or Wage Determination Online. Federal wages are in effect for the duration of a project.
State wage rates are available at the California Division of Labor Statistics and Research. A single asterisk (*) after a wage expiration date indicates this rate is in effect for the duration of the project. Two asterisks (**) indicate this wage will increase during the project.
When prevailing wages apply, submittal of Certified Payroll Records are required and must include:
- Statement of Compliance
- Authorized Signatory
- Fringe Benefit Statement
- Authorization for Payroll Deduction and copies of court orders for non-standard payroll deductions, if applicable.
Contract Compliance Officers analyze certified payroll records and may request corrections based on misclassifications of workers, incorrect wage rates, incorrect overtime, weekend or holiday pay, incomplete records, mathematical errors, or any other issues or omissions.
If the necessary corrections are not provided in a timely manner, progress payments may be withheld and penalties may be assessed in accordance to California Labor Code. Willful violations are prosecutable.