The Labor Compliance Program administers 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, Labor Compliance Officers:
- Present requirements at Pre-Construction Conferences;
- Monitor certified payroll records;
- Monitor apprentice usage;
- Conduct interviews during on site inspections;
- Resolve issues of incorrect classification and/or underpayment;
- Maintain required documentation; and
- Determine contractor and subcontractor conformance with rules.
Certified by DIR
The State of California's Department of Industrial Relations approved the City's application for interim certification as a Labor Compliance Program, effective August 11, 2003. As a certified LCP, the City is obligated to enforce applicable Labor Code provisions and operates as a representative of the DIR 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. Labor Compliance Officers distribute and discuss a Pre-Construction Conference Prevailing Wage Package with applicable laws, requirements and forms.
Labor Compliance Officers distribute and discuss a Pre-Construction Conference Prevailing Wage Package with applicable laws, requirements and forms.
Prevailing Wage Requirements
The Federal Davis-Bacon Act and State labor laws ensure equitable pay.
State law concerning prevailing wages can be found at the CA Department of Industrial Relations Code of Regulations, Title 8.
How to Determine Prevailing Wage Rates
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 the U.S. Government Printing Office Davis-Bacon Wage Determinations page. Federal wages are in effect for the duration of a project.
State wage rates are available at the CA Division of Labor Statistics and Research web page. 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.
Certified Payroll Records
Certified Payroll Records are required when prevailing wages apply and must include:
- Authorized contact person
- Statement of Compliance
- Fringe Benefit Statement (initial submittal only)
- Written authorizations and copies of court orders for non-standard payroll deductions
Labor Compliance Officers analyze certified payroll records and may request corrections based on misclassifications of workers; incorrect wage rates; incorrect overtime, weekend or holiday pay; incompletion; mathematical errors or any other errors or omissions.
If necessary corrections are not provided in a timely manner, progress payments may be withheld. Willful violations are prosecutable.
Apprentices are required on all public works projects. An apprentice must be properly registered in a bona fide apprenticeship program certified by the CA Division of Apprenticeship Standards. If an apprentice is not registered, journeyman wages must be paid.