speaker mark hovatter, director, facilities contracts los angeles unified school district labor...

Speaker

Mark Hovatter

Director,, Facilities Contracts

Los Angeles Unified School DistrictLabor Compliance Department

BOARD OF EDUCATION

Marlene Canter, Board President, District 4

Marguerite Poindexter LaMotte, District 1

Monica Garcia, District 2

Jon Lauritzen, District 3

David Tokofsky, District 5

Julie Korenstein, District 6

Mike Lansing, District 7

ADMINISTRATIVE STAFF

David L. Brewer, III, SSuperintendent of Schools,, Los Angeles Unified School

District

Joseph A. Mehula, Chief Executive,, Facilities Services Division

Mark Hovatter, Director,, Facilities Contracts

Tybouy Tang-Wong, Manager, Labor Compliance Department

PREPARED BY THE LABOR COMPLIANCE DEPARTMENT


Table of

ContentsSpecial - Guest Speakers

Section 1 - Introduction

Section 2 - Prevailing Wages

Section 3 - Employing Apprentices

Section 4 - Certified Payroll Records

Section 5 - Audit and Case Process

Section 6 - New Online Tools

Section 7 - Precedential Decisions, Opinions, And Response Letters


Section

1Introduction

A. General Information and History

B. Benefits of a Labor Compliance Program

C. Contact Information

D. Terms and Definitions

E. General Conditions

(Book) - Page 1


Section 1A

General Information and History

(Book) - Page 3


Section 1A - General Information and

History California Labor Code §1770 et seq. and Education Code §17424 require that Contractors on public works

projects pay their workers based on the prevailing wage rates, which are established and issued by the

Department of Industrial Relations.

In February 1985, the Los Angeles Unified School District began administering a program for monitoring

the prevailing wage rates paid to construction workers on public works projects throughout the District.

On January 27, 1993, the Director of the Department of Industrial Relations granted the Los Angeles

Unified School District initial approval to operate its Labor Compliance Program.

On September 7, 1993, the Board of Education of the Los Angeles Unified School District adopted the Labor

Compliance Program.

On December 7, 1996, this Program received final approval from the Department of Industrial Relations.

It is the intent of the District to adhere to the statutory requirements as defined in Labor Code §1771.5(b)

and to actively enforce this Labor Compliance Program.

(Book) - Page 5


Section

1B

Benefits of a Labor Compliance Program

• Competitive Bidding Process Integrity

• Regeneration of Funds to the Community

• Better Labor Relations

• Quality Construction Work

(Book) - Page 7


Section 1B – Benefits of a Labor Compliance

Program1. Competitive Bidding Process Integrity

When a comprehensive LCP is initiated and enforced, it prevents underbidding by Contractors, or Contractors who utilize Subcontractors, and who do not pay prevailing wages. It creates a level playing field for contractors bidding on District construction projects.

2. Regeneration of Funds to the Community

The enforcement of prevailing wage laws offers integrity to the competitive bidding process on District construction projects. The local community Contractors have incentive to bid; therefore, the project funds can be regenerated to the community.

3. Better Labor Relations

A strong Labor Compliance Program encourages and promotes responsible working conditions for all working parties, which helps build long-term prospects for a sustained, positive, labor and management relationship.

4. Quality Construction Work

Payment of prevailing wages to workers employed on public works can attract the most skilled workers and ensure the highest quality of work on all projects.

(Book) -


Section 1C

Contact Information

• Labor Compliance Department

• Department of Industrial Relations

• Division of Labor Statistics and Research

• Division of Apprenticeship Standards

• Division of Labor Standards Enforcement

(Book) - Page 11


Section 1C – Contact Information

(Book) - Page 13


Los Angeles Unified School DistrictLabor Compliance Department333 South Beaudry Ave., 19th FloorLos Angeles, CA 90017(213) 241-4665(213) 241-8356 (Fax)Email Address: [email protected]: www.laschools.org/contractor/lc

Department of Industrial RelationsOffice of the Director455 Golden Gate AvenueSan Francisco, CA 94102(415) 703-5070Web: www.dir.ca.gov

Division of Labor Statistics and Research455 Golden Gate Avenue, 9th FloorSan Francisco, CA 94102(415) 703-4780Web: www.dir.ca.gov/DLSR

DSLR Prevailing Wage Unit(415) 703-4774

Mailing Address:Los Angeles Unified School DistrictFacilities Contract ServicesLabor Compliance DepartmentP.O. Box 513307Los Angeles, CA 90051-1307

Mailing Address:Division of Labor Statistics and ResearchP.O. Box 420603San Francisco, CA 94142-0603

mailto:[email protected]

http://www.laschools.org/contractor/lc

http://www.dir.ca.gov/

http://www.dir.ca.gov/DLSR

Section 1C – Contact Information

(Book) - Page 13-15


Division of Apprenticeship Standards455 Golden Gate Avenue, 10th FloorSan Francisco, CA 94102(415) 703-4920(415) 703-5477 (fax)Web: www.dir.ca.gov/DAS

Division of Labor Standards EnforcementSan Francisco Headquarters455 Golden Gate Avenue, 9th FloorSan Francisco, CA 94102(415) 703-4810Web: www.dir.ca.gov/DLSE/dlse.html

See Manual for more Contact Information

http://www.dir.ca.gov/DAS

http://www.dir.ca.gov/DLSE/dlse.html

Section 1D

Terms and Definitions

• As Presented in California Code of Regulations, Title 8, §16000

(Book) - Page 17


Section 1D – Definition of Terms

The California Code of Regulations (CCR) contains the regulations that have been formally adopted by state agencies, reviewed and approved by the Office of Administrative Law, and filed with the Secretary of State. The CCR consists of 28 titles and contains the regulations of approximately 200 regulatory agencies.

Title 8 CCR §16000 contains definitions of terms pertaining to the Payment of Prevailing Wages upon Public Works and Awarding Body Labor Compliance Programs.

The sections relating to Labor Compliance Programs, §16000 – 17270, of Title 8 California Code of Regulations may be accessed from the Department of Industrial Relations web site at:

www.dir.ca.gov

(Book) - Page 19



Section 1D – Definition of TermsImportant Definitions

Awarding Body: Any state or local government agency, department, board, commission, bureau, district, office, authority, political subdivision, regional district officer, employee, or agent awarding/letting a contract/purchase order for public works (Manual, pg. 20).

Bid: Any proposal submitted to an awarding body in competitive bidding for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind (Manual, pg. 20).

Date of Notice or Call for Bids: The date the first notice inviting bids was published in newspaper of general circulation or promulgated in a legally sufficient manner which results in a contract being awarded with or without competitive bidding. This may also be referred to as the Bid Advertisement Date (Manual, pg. 21).

General Prevailing Rate of Per Diem Wages. Includes:1. The prevailing basic straight-time hourly rate of pay; and2. The prevailing rate for holiday and overtime work; and

3. The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below: (Manual, pg. 21-22).

Predetermined Changes: Definite changes to the basic hourly wage rate, overtime, holiday pay rates, and employer payments which are known and enumerated in the applicable collective bargaining agreement at the time of the bid advertisement date and which are references in the general prevailing rate of per diem wages as defined in §16000 of these regulations. Contractors are obligated to pay up to the amount that was predetermined if these changes are modified prior to their effective date. Predetermined changes which are rescinded prior to their effective date shall not be enforced (Manual, pg. 24-25).

(Book) - Page 20-27


Section 1E

General Conditions

(Book) - Page 29


Section 1E - General

Conditions

6.53 Prevailing Wages:

6.53.1.1 CONTRACTOR will be responsible to comply with

OWNER’s Labor Compliance Program (LCP) requirements, including, but not limited to,

all applicable statues and regulations, OWNER’s LCP Manual, and OWNER’s Contract

requirements. CONTRACTOR will be responsible for all failures by all Subcontractors to

comply with OWNER’s LCP requirements. CONTRACTOR, consistent with California

Public Contract Code 6109, is prohibited from performing a portion of work with a

Subcontractor who is debarred pursuant to Sections 1777.1 or 1777.7 of the Labor

Code.

(Book) - Page 31-34


Section

2 Prevailing Wages

A. The Requirement to Pay Prevailing Wage Rates

B. Utilizing the DIR Prevailing Wage Determination

C. Example of Utilizing the Prevailing Wage Determination

(Book) - Page 35


Section 2A

The Requirement to Pay Prevailing Wages

• Prevailing Wage Requirements

• DIR Establishes Prevailing Wage Rates

• Components of the Prevailing Wage Rate

• Fringe Benefit Contributions

• Payment of Overtime

• Payment of Shift Differential

• Proper Classification of Workers

• Owner Operators

(Book) - Page 37


Section 2A – The Requirement to Pay Prevailing

WagesPrevailing Wage Requirements

California Labor Code §1720, 1720.2, 1720.3, 1720.4, 1771, and 1774 make it a requirement to pay prevailing wages for all public works by prime and subcontractors.

California Labor Code §1771.5 requires prevailing wages for all construction and installation contracts over $25,000 and all contracts over $15,000 when the project is for alteration, demolition, repair, maintenance, or warranty work.

Department of Industrial Relations Establishes the Prevailing Wage Rate

The DLSR publishes the General Prevailing Wage Determination (PWD) twice a year, on February 22 and August 22. The Prevailing Wage Determinations specifies the appropriate prevailing wage rate for particular construction trades and crafts.

Components of the Prevailing Wage Rate

The prevailing wage rate includes the basic hourly rate (including overtime, holiday, and shift differential rates) of pay plus employer paid contributions including:

- Health and Welfare- Pension- Vacation- Travel and Subsistence- Training Fund

(Book) - Page 39



Wages

Fringe Benefit Contributions

Failure to make the required fringe benefit contributions in a timely manner to the appropriate Trust Funds is considered a violation of the following:

- Payment of the general prevailing rate (Labor Code §1771 and 1774)- “Kickbacks” (Labor Code §1778)

Payment of Overtime

Pursuant to Labor Code §1815, the overtime prevailing wage rate applies to hours worked in excess of 8 hours in any one calendar day, and 40 hours in any one calendar week, (unless otherwise noted). Any work performed on Saturday, Sunday, and/or holidays shall be paid the correct overtime prevailing wage rate according to the Prevailing Wage Determination for that particular craft/trade.

Payment of Shift Differentials

In any event where the shift differential wage rate is included in the California Prevailing Wage Determination the shift differential rate must be included as part of the Prevailing Wage Rate. Currently, Operating Engineers, Plumbers and Electricians are subject to shift differential pay.

(Book) - Page 40



Wages

Proper Classification of Workers

The misclassification of workers is one of the most common violations that could result in the underpayment of the applicable prevailing wage rate. If you are unsure of the proper classification, feel free to contact us at (213) 241-4665 and we will assist you.

(Book) - Page 41-42


Section 2B

Utilizing the DIR Prevailing Wage Determination

• Accessing the Prevailing Wage Determination

• Selecting the Correct Prevailing Wage Determination

• Obtaining Data From the Prevailing Wage Determination

(Book) - Page 43


Section 2A – Utilizing the DIR Prevailing Wage

Determination

Accessing the Prevailing Wage Determination

Prevailing Wage Determinations for journeymen as well as apprentice schedules, shift differentials, important notices, and precedential decisions can be accessed at the DIR homepage: www.dir.ca.gov

Selecting the Correct Prevailing Wage Determination

The appropriate Prevailing Wage Determinations for use in the course of an audit is determined by the first of the two bid advertisement dates for the contract/project. Bid advertisement dates from February 22 to August 21 call for the “yyyy-1” determination, dates from August 22 to February 21 call for the “yyyy-2.”

(Book) - Page 45-48



Section 2C

Example of Utilizing the Prevailing Wage

Determination

• Department of Industrial Relations Website

• Sample LOS-2005-2 Prevailing Wage Determination Prevailing Wage Determination Footnotes Shift Differential

• Sample Important Notice

• Sample Precedential Public Works Decision - (See Section 7)

(Book) - Page 49


Section 2C – Example of Utilizing the Prevailing Wage

Determination

The first step in utilizing the Prevailing Wage Determinations is to access the DIR website.

Step 1: Start at the DIR website home page:

www.dir.ca.gov

Step 2: From the home page, scroll to the bottom of the page and select Statistics & Research to access the Division of Labor Statistics and Research page.

(Book) - Page 52


Statistics and Research



DeterminationStep 3: Division of Labor Statistics and Research page

This example uses Superseded Prevailing Wage Determinations, please click link. (Double/Single Asterisk)

(Book) - Page 53


Superseded Prevailing Wage Determinations

Important notices

Current Prevailing Wage

Determinations

Prevailing apprentice schedules

Precedential public works decisions


Determination

Step 4: The page below lists all superseded General Prevailing Wage Determinations and General Prevailing Apprentice Schedules.

This example uses 2005-2 General Prevailing Wage Determinations, please click on link.

(Book) - Page 54


2005-2 General Prevailing Wage Determinations


DeterminationStep 5: From the General Prevailing Wage Determinations 2005-2 journeyman page, Prevailing Wage Determinations can be selected for:- the entire state- Southern California- Specific counties

Shift differentials and important notices can also be accessed.

In this example, Los Angeles County will be used. Select Los Angeles County under “Step four” of the site.

(Book) - Page 55


Statewide determinations

Shift differentials

So. California determinations

Specific county determinations

Important notices


Determination

(Book) - Page 56



Determination

(Book) - Page 57



Determination

(Book) - Page 58



Determination

(Book) - Page 59



Determination

(Book) - Page 60-63


Section

3Employing Apprentices

A. Apprentice Requirements

B. Apprentice Verification

C. Apprentice-to-Journeyman Ratio

D. California Code of Regulations §230

E. Documents from the Division of Apprenticeship Standards

(Book) - Page 65


Section 3A

Apprentice Requirements

• Employing Apprentices

• Notification of Contract Award

• DAS140 Form

• Request and Employ State-Registered Apprentices

• Prevailing Wage Rate for Apprentices

• Payment of Apprentice Training Contribution

• Training Fund Contribution Form

(Book) - Page 67


Section 3A – Apprentice Requirements

Employing Apprentices

Contractors are responsible to ensure all apprentices working on the project are registered with the State.

Apprentices who are not registered with the State must be paid at journey level rate for the classification of work being performed.

(Book) - Page 69



(Book) - Page 70


Notification of Contract Award

Contractors are required to submit the DAS 140 Form to the applicable apprenticeship committee, per apprenticeable craft employed on the job.

A copy of the DAS 140 Form must also be submitted to the LCD at the following address:

Los Angeles Unified School District Labor Compliance Department

333 S. Beaudry Avenue, 19th FloorLos Angeles, CA 90017

Section 3A – Apprentice Requirements – (DAS

140 Form)

(Book) - Page 71



(Book) - Page 72


Request and Employ State-Registered Apprentices

Contractors must request the dispatch of apprentices from one of the applicable apprenticeship programs at least forty-eight (48) hours in advance before the date on which one or more apprentices are required.

If, in response to a written request, no apprentices are dispatched within seventy-two (72) hours, contractors are not in violation of the requirement to employ apprentices for the remainder of the project.

Section 3A – Apprentice Requirements – (DAS 142

Form)

(Book) - Page 73



(Book) - Page 74


Supervision of Apprentices

Apprentices must at all times work with or under direct supervision of a journeyman.

Apprentices without supervision of journeyman must be paid at journey level rate for the craft performed.


(Book) - Page 74-75


Prevailing Wage Rate for Apprentices

Registered apprentices under bona fide apprenticeship program, recognized by the State Division of Apprenticeship Standards (DAS), shall be paid apprentice wage rate.

Apprentices who are not registered with the State shall be paid a journey level rate for the work being performed.

Payment of Apprentice Training Contribution

Contractors must contribute training funds to an apprenticeship committee approved by DAS or California Apprenticeship Council (CAC).


(Book) - Page 77


Section 3B

Apprentice Verification

• Online Apprentice Registration Verification

(Book) - Page 79


Section 3B – Apprentice Verification

(Book) - Page 81-82


It is the Contractor’s responsibility to ensure that all apprentices involved in the project are State-registered.

DIR Website: http://www.dir.ca.gov

Step 1: Select Apprenticeship.

Apprenticeship



(Book) - Page 83


Step 2: Select Public Works.

Public Works


(Book) - Page 84


Step 3: Select Apprenticeship status of an Individual.

Apprenticeship Status of an Individual


(Book) - Page 85


Step 4: Enter the worker information as shown.

Enter the:First four letters of the last name, first letter of the first

name, and the last four digits of the

social security number, then select

Search


(Book) - Page 86


Step 5: Review the search results.

John Doe DOEJ1234

The worker’s full name should appear, if the

information you inputted is correct and the worker is

registered with the State. Click Add to

List.


(Book) - Page 87


Step 6: Verify more workers or generate certificate.

When all workers have been entered,

select Go to certification.

To verify workers, repeat step 4 here.

John Doe DOEJ1234


(Book) - Page 88


Step 7: Print the certificate for your records.

John DoeJohn Doe

DOEJ1234DOEJ1234

Section 3C

Apprentice-to-Journeyman Ratio

• Apprentice Ratio Requirements

• Apprentice Ratio and Supervision

• Notification to the Division of Apprenticeship Standards

(Book) - Page 89


Section 3C – Apprentice-to-Journeyman

Ratio

(Book) - Page 91


Apprentice Ratio Requirements

Apprenticeship ratios are calculated at the end of the project, or at the end of the subcontractor’s portion of the project

If apprentice-to-journeyman ratio has exceeded the maximum ratio, apprentices must be paid a journey level rate for the hours excess the ratio

Ratio shall be no less than one (1) apprentice hour to each five (5) journeyman hours.


Ratio

(Book) - Page 92


Apprentice Ratio and Supervision

Apprentices must be under supervision of a journeyman for the purposes of training and safety reasons.

Contractor is in violation of the apprenticeship standards and agreement for not employing apprentices within the required ratios.


Ratio

(Book) - Page 93


Notification to the DAS

To obtain the ratio of apprentice-to-journeyman for each trade/craft contact the DAS at:

Division of Apprenticeship Standards Division of Apprenticeship Standards320 W. 4th Street, Suite 830 455 Golden Gate Avenue, 8th FloorLos Angeles, CA 90013 San Francisco, CA 94102(213) 576-7750 (415) 703-4920(213) 576-7758 fax (415) 703-5477 fax

Section 3E

Documents From the

Division of Apprenticeship Standards

• Online Resources

(Book) - Page 99


Section 3E – Documents From the Division of Apprenticeship

Standards

(Book) - Page 109


Division of Apprentice Standards Online Resources

DAS Homepage:• www.dir.ca.gov

Obtain Forms DAS 140, CAC 2, DAS 10 and Contractor Requirements:• www.dir.ca.gov/DAS/PublicWorksForms.htm

C.A.C., Title 8 Regulations:• www.dir.ca.gov/samples/search/querycac.htm

Amendments to C.A.C., Title 8 Regulations:• www.dir.ca.gov/DAS/CAC_Regs.html

DAS Apprenticeship Information Guide:• www.dir.ca.gov/databases/das/aigstart.asp


http://www.dir.ca.gov/DAS/PublicWorksForms.htm

http://www.dir.ca.gov/samples/search/querycac.htm

http://www.dir.ca.gov/DAS/CAC_Regs.html

http://www.dir.ca.gov/databases/das/aigstart.asp


15 min Break

Section 4

Certified Payroll Records

A. Submission of Certified Payroll Records

B. LAUSD Online Tools Registration and Usage

C. The Online Certified Payroll Reporting System

D. Common Mistakes in Online Certified Payroll Submission

(Book) - Page 121


Section 4A – Submission of Certified Payroll

Records

(Book) - Page 125


The Requirement to Submit Certified Payroll Records

Contractor’s shall maintain Certified Payroll Records (CPRs) and basic records (time cards, cancelled checks, cash receipts, trust fund forms, etc.) during the course of the work and shall preserve them for a period of three (3) years thereafter.

Contractors are required to submit electronic CPRs to the District on a weekly basis, for the duration of the project, using the Online Certified Payroll Reporting System. This includes “No work performed” CPRs and “Public works Payroll Summary Form and Notice to Public Entity” signed and delivered to the Labor Compliance Department.

The prime contractor shall be responsible for the review and submission of CPRs of all its subcontractors.

Section 4A – Submission of Certified Payroll

Records

(Book) - Page 127-128


LAUSD Requirements for Online CPR Submission

• Submit CPRs within 10 working days of the work-week ending date.

• Submit one CPR per school, per contract, per week.

• Report all workers, including owners and superintendents, which were on-site.

• All contractors must submit CPRs from the start of the project until the time that they finish their work on the project.

• All contractors must submit a Statement of Non-Performance to certify that no work was performed by their company for any week of the project they are not working.

• All contractors must pay every worker by check or direct deposit (Indicate transaction number) on a weekly basis; this includes owners and superintendents doing trade work on-site.

Section 4B – LAUSD Online Tools Registration and

Usage

(Book) - Page 132


Request for Access to

LAUSD Online Tools


Usage

(Book) - Page 133


Request Addition of Missing Contract Information

In the event that a contract or specific contract information does not appear in the Online Tools, contractors must submit a “Online Certified Payroll Reporting Database Add Form.” The form, as shown on the following page, must be completed with the following information:

• Contract Number • Add? Y/N• Make sure to use the LAUSD Contract Number

• Work Description• Include School Name

• Prime and Subcontractor

• Project Start Date


Usage

(Book) - Page 134



Usage

(Book) - Page 135


Contractor

Step 1: Go to www.laschools.org and select the Contractor Tab

http://www.laschools.org/


Usage

(Book) - Page 136


Step 2: Enter email and password, if you do not have one, click on FSD Vendor Registration.

Login using your registered e-mail and

password

FSD Vendor Registration


Usage

(Book) - Page 137


Step 3: Fill out form and submit.

Submit


Usage

(Book) - Page 138


Step 4: All the modules will be listed to the left once successfully logged on. Click on Labor Compliance to be sent to the LCD site.

Labor Compliance Online Certified Payroll Reporting

System

Logout

Labor Compliance

Pre-Bid Certification Module

Contractor Invoice Access

Manual For Online Tools

Additional Contractor Reports


Usage

(Book) - Page 139


At the Labor Compliance Website you may access our Online Tools, LCP Forms and Documents, as well as Upcoming Events.

Upcoming Events

Online Certified Payroll Reporting

Instruction Manuals for LCP Online Tools

Section 4C – The Online Certified Payroll

Reporting System

(Book) - Page 143-145


System Description

The Online Certified Payroll Reporting System is a web-based application that enables contractors to submit CPR’s on Los Angels Unified School District (LAUSD) contract work.

Hard Copy Versus Online CPR Submission

Any new contract requires online submission of CPR’s.

Hands-on Training For the Online CPR System

To register for hands-on training, please click on Register for Hands-On Training located under the Upcoming Events section of the LCD website, http://laschools.org/lcp

The Online Certified Payroll Reporting System hands-on training consists of:• Accessing the System• Logins and Registrations• Entering Employees & Owner-Operators• Creating Certified Payroll Records• Finalizing and Printing the Certified Payroll Records• Sending the Correct Documents to the Labor Compliance Department• Account Maintenance & Technical Assistance

http://laschools.org/lcp

Section 4D – Common Mistakes in Online Certified Payroll

Submission

(Book) - Page 149-150


Reporting Owner-Operators

Owner-Operators are individuals that own and operate their own machines. Report Owner-Operators on the CPR’s of the company who hired them.

Most Common Mistakes

• Not reporting work done for EACH school on a separate CPR.

• Not reporting each trade, shift, and/or wage rate separately for employees who work in different trades/shifts/wage rates on any one project.

• Submitting CPR’s under the wrong contract number

• Attempting to produce any Online CPR System document using a third-party publication software – submitting any non-LAUSD Online CPR is considered a failure to comply with contractual obligations.

• Not checking for any CPRs that are showing “Past Due” in the system and submitting the required hard copy to the LCD.

For any concerns regarding the Online Certified Payroll Reporting System, please contact the technical support staff at (213) 241-4647.

Section 4D – Common Errors with Online CPR

Submission

(Book) - Page 151


Past Due Certified Payroll Report

This is the Welcome screen.• Employees: Contains the list of all employees. Allows the editing and addition of employees and owner-operators.• Payroll: The starting point for creating Certified Payroll Records.• Archive: Shows the history of all CPRs in the system

Step 1: Click on Archive to view all “Past Due” CPRs.

Click on “Archive”


Submission

(Book) - Page 152


The Archive Screen

The Archive screen provides you with all CPRs that have been created (Finalized and Editable).

If “Past Due” appears under the Hard Copy Received column, select the payroll number to access the Public Works Payroll Reporting Form.

“Past Due”

Select the Payroll Number


Submission

(Book) - Page 153


Print Options

This screen is the finalized Certified Payroll Record. There are two options for printing:

1) For the Hard Copy of the CPR, click on “Printable Form.”

2) For the Notice to Public Entity Form, select “Notice to Public Entity Form.”

Notice to Public Entity FormPrintable

Form


Submission

(Book) - Page 154


Printing the Hard Copy

Step 1: Click Printable Form

• Make sure to use 8.5 X 14 paper.

• Select File in the new window’s menu bar and choose Page Setup.

• Set the Orientation to Landscape and adjust the left/right margins to 0.15 inches, or as far over as your printer will allow, than Submit.

• Select File in the browser's menu bar then Print.

File


Submission

(Book) - Page 155


Printing the Notice to Public Entity Form

Step 1: Click Notice to Public Entity Form button

• Enter the name of the person who is responsible for the submission of the CPR.

• Select OK to accept or Cancel to re-enter.

• Use standard/normal paper and select Page Setup under File and choose Landscape for Paper Orientation also moving the left/right margins as far as possible. Select Submit.

• Select Print to print the Notice to Public Entity Form. Complete the contact information, sign the form, and check the appropriate box at the bottom of the form.


Submission

(Book) - Page 156


Hard Copy Received

After you print the Notice to Public Entity Form, please mail it to our office at the following address:

Labor Compliance Department333 South Beaudry Ave, 19th Floor

Los Angeles, CA 90017

When the Labor Compliance Department receives your Notice to Public Entity Form, a date will be entered in the Hard Copy Received column.

Hard CopyReceived Date


Submission

(Book) - Page 157


Technical Assistance

All the screens in the system have a Contact Us button at the bottom left corner. Click on it to display the Contact Information screen.

Unfinalization requests or name change requests must be sent via fax to (213) 241-8356.

The technical support staff can be contacted at (213) 241-4647.

Contact Us

Section 5Audit and Case Process

A. Assessment of Penalties

B. Withholding and Appeal Process

C. Submitting a Case to the State

D. Conducting Pre-Bid and Job Start Meetings

E. On-Site Interviews and Observations

(Book) - Page 159


Section 5AAssessing Penalties

• Labor Code §1775

• Labor Code §1813

• Labor Code §1776(g)

• Labor Code §1777.7

(Book) - Page 161


Section 5A – Assessment of Penalties

(Book) - Page 163


Labor Code §1775Failure to pay the prevailing wage rate is up to fifty dollars ($50) per worker, per calendar day or portion thereof (LCP Manual, July 2005, Section VI (C)(2)(a), page 24).

Labor Code §1813Failure to pay the overtime prevailing wage rate is twenty-five dollars ($25) per worker, per calendar day (LCP Manual, July 2005, Section VI (C)(2)(b), page 24).

Labor Code §1776(g)Failure to submit Certified Payroll Records to the District on a weekly basis is twenty-five dollars ($25) per worker, per calendar day until strict compliance with Los Angeles Unified School District’s contract requirements is effectuated.

Labor Code §1777.7A contractor or subcontractor that knowingly violates Labor Code §1775.5 and/or apprentice regulations, including failure to submit the Division of Apprenticeship Standards Form (DAS 140 Form) within ten (10) days of the date of the execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the project, is one hundred dollars ($100) for each full calendar day of noncompliance. A contractor or subcontractor that knowingly commits a second or subsequent violation of Labor Code §1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by the Labor Code, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance, as per Labor Code §1777.7 (LCP Manual, July 2005, Section VI (C)(2)(c), page 25).

Section 5BWithholding and Appeal Process

• Notification to Contractor of Audit

• Contractor’s Obligation to Submit Documentation

• Pre-Withhold Meeting with Contractor

• Contractor Accepts / Rejects Final Audit Findings

(Book) - Page 165


Section 5B – Withholding and Appeal Process

(Book) - Page 167


Notification to Contractor of Audit

When an audit has been initiated, the Contractor or Subcontractor shall be notified, via certified mail, that an audit has been initiated.

Contractor’s Obligation to Submit Documentation

The affected Contractor(s) will be notified, via certified mail, of the basic records, such as check stubs, cancelled checks, time cards, proof of fringe benefit contributions, etc., that they are required to submit for the audit.

There’s a violation

Section 5B – Withholding and Appeal Process

(Book) - Page 168


Pre-Withhold Meeting with Contractor

After the initial audit has been completed, if the LCD has evidence of potential Labor Compliance Program violations, the affected Contractor(s) is notified, via certified mail, of the date that an pre-withhold meeting will be conducted. The purpose of the pre-withhold meeting is to:

• Review and discuss the initial audit results with the Contractor(s) (LCP Manual, July 2005, Section VI (E)(1)(d), page 28).

• Inform the Contractor(s) of his/her due process rights (LCP Manual, July 2005, Section VI (E)(1)(e), page 28).

• Schedule a due date (10 days) for any mitigating evidence to be submitted by the Contractor(s).

Contractor Accepts / Rejects Final Audit Findings

After review and consideration of any mitigating evidence submitted by the Contractor, the audit findings will be finalized (LCP Manual, July 2005, Section VI (E)(1-5), page 28-31).

• A letter is sent to the Contractor with directions on how to make the payments along with the finalized audit.

• In the event that a settlement cannot be reached between Los Angeles Unified School District and the contractor(s), the case is then forwarded to the State Labor Commissioner for approval of the “Request for Approval of Forfeitures and Penalties”.

Section 5C

Submitting a Case to the State

• Request for Formal Withhold

• Notice of Withholding of Contract Payments

• Contractor’s Right to Settlement Meeting

• Contractor’s Request for Formal hearing

• Liquated Damages

• Contractor’s Right to Review Evidence

• Announcement of the State’s Decision

• Contractor’s Right to Appeal

(Book) - Page 169


Section 5C – Withholding and Appeal Process

(Book) - Page 171-172


Request for Formal Withhold

The LCD must submit, in writing, a Request for Approval of Forfeitures and Penalties to the State Labor Commissioner.

Notice of Withholding of Contract Payments

Upon receipt of approval, the LCD will place a Notice of Withholding of Contract Payments against the affected contract(s).

Contractor’s Right to Settlement Meeting

The affected Contractor(s) is given thirty (30) days, from being served with the Notice of Withholding of Contract Payments, to request a Settlement Meeting with the LCD

Contractor’s Request for a Formal Hearing

The affected Contractor(s) has sixty (60) days from being served with the Notice of Withholding of Contract Payments, to request a hearing.

Section 5C – Withholding and Appeal Process

(Book) - Page 172-173


Liquidated Damages

After sixty (60) days following the service of the Notice of Withholding of Contract Payments, the affected Contractor(s) and the bonding company shall be liable for liquidated damages equal to the amount of back wages owed.

Contractor’s Right to Review Evidence

The affected Contractor(s) has the right to review the evidence compiled by the LCD that can be used at the hearing.

Announcement of the State’s Decision

The State’s decision will be announced within forty-five (45) days of the conclusion of the hearing.

Contractor’s Right to Appeal

Affected Contractors may appeal the decision to the Director by filling a petition for a writ of mandate to the appropriate Superior Court within forty-five (45) days after the decision.

Section 5D

Conducting Pre-Bid and Job Start Meetings

• Pre-Bid Meeting

• Job Start Meeting

(Book) - Page 175


Section 5D – Conducting Pre-Bid and Job Start Meetings

(Book) - Page 177


The Owner Authorized Representatives schedule Pre-Bid and Job Start meetings to inform Contractors/Subcontractors of the project, contractual, and labor law requirements.

Pre-Bid Meeting

During the Pre-Bid meeting, an LCD representative reviews the requirements set forth in the Labor Compliance Department Checklist and answers any questions.

Job Start Meeting

Job Start meetings are conducted to give the successful bidder a more detailed explanation of the labor Code and contractual requirements.

The contractor and subcontractor(s) are required to attend the Job Start Meeting.

Section 5E

On-Site Interviews and Observations

• Protocol

• Labor Compliance Interview Form

• Observation Form

(Book) - Page 179


Section 5E – On-Site Interviews and Observations

(Book) - Page 181


Protocol

The Contractor will permit the LAUSD Labor Compliance Department to interview trades workers during working hours on the project site.

The Labor Compliance Interview Form and Observation Form, shown on the following two (2) pages, will be checked against the Contractor’s Certified Payroll Records.

Section 5E – On-Site Interviews and Observations –

(Interview Form)

(Book) - Page 182


Section 5E – On-Site Interviews and Observations –

(Observation Form)

(Book) - Page 183


Section 6

Online Tools

A. Online Tools Introduction

B. Contractor Invoice Access Module

C. Labor Compliance Pending Case Module

D. Pre-Bid Certification Module

E. Future Upgrade

(Book) - Page 185


Section 6A

Online Tools Introduction

(Book) - Page 187


Section 6A – Online Tools Introduction

(Book) - Page 189


The Labor Compliance Department’s online tools consist of the following modules:

• Contractor Invoice Access Module:This application will allow Contractors to check the status of invoices

online.

• Labor Compliance Pending Case Module:This application will give Contractors the ability to view pending LCD

cases against their company, as well as against their Subcontractors.

• Pre-Bid Certification Module:This application will allow Contractors to check Prevailing Wage

Determinations by year and determination period, as well as certify that they acknowledge the Prevailing Wage Determinations of applicable trades on any given project.

Section 6B

Contractor Invoice Access Module

• Module Description

• Viewing Invoice History

(Book) - Page 191


Section 6B – Contractor Invoice Access Module

(Book) - Page 193


The Contractor Invoice Access Module allows Contractors to check the status of their invoices online.

Step 1: Go to http://www.laschools.org/contractor and sign in.• Click on Contractor Invoice Access• Select Contract

Display invoices from contract

http://www.laschools.org/contractor


(Book) - Page 194


Viewing Invoice History

Contractors can view information containing the Invoice Date, Vendor Name, Contract Number, Invoice Amount, County Release Date, Anticipated Delivery Date, Status, and Total Invoiced Amount.

To view information applicable to each invoice number specifically, select the invoice number.

Invoices for another contract can be viewed by choosing a different contract number from the drop-down menu and selecting Display Invoices.

XZZY

XZZY

XZZY

XZZY

XZZY

Xzzy

Xzzy

Xzzy

View individual invoices

Display invoices from another contract

XZXZ

XZ

XZ


(Book) - Page 195


Viewing Invoice History (Cont.)

After selecting the invoice number, Contractors can view information specific to that invoice. As shown below, various elements of the invoice can be viewed, as well as payment information, if applicable.

When finished, select Return to Invoices to return to the list of invoices for the contract or Invoice History to return to the main Invoice Access page.

Return to Invoices

View specific information

XZ

XZ

Section 6C

Labor Compliance Pending Case Module


• Viewing Pending Cases

(Book) - Page 197


Section 6C – Labor Compliance Pending Case

Module

(Book) - Page 199-201


The Labor Compliance Pending Case Module allows Contractors to check the status of their pending cases with the Labor Compliance Department. Contractors will have the ability to view the following on a per contract basis:

• Type of violations• Potential back wages owed• Possible penalty assessments• Withholds that have been placed against the contract

Vendor In Question

Contract Number

Case Number

Select “Case Number” to

see case

Step 1: Go to http://www.laschools.org/contractor and log in, than click on Additional Contractor Reports under Online Tools.

Step 2: Click on Pending Case Lookup.

XZ

X


Section 6C – Labor Compliance Pending Case

Module

(Book) - Page 202


View Pending Cases

The Amounts that can potentially be Assessed are shown at the bottom of the table.

To return to the list of all pending cases, select All Pending. To go back to the LCPCM main page, select Withholds.

XXXXX

XXXXX

XXXXX

WithholdsAll Pending

Section 6DPre-Bid Certification Module


• Pre-Bid Certification

• Verifying Pre-Bid Certified Contractors

• Prevailing Wage Determinations

• Questions

(Book) - Page 203


Section 6D – Pre-Bid Certification Module

(Book) - Page 205


Step 1: Go to http://www.laschools.org/contractor and log in, than click on Pre-Bid Certification Module under Online Tools.

To become certified on the Prevailing Wage Determination of the applicable trades on a given project, select Certification.

To verify which Contractors have certified themselves, select Certification Status.

To browse through the Prevailing Wage Determination applicable to LAUSD contracts, select Crafts & Classifications.

Select Home to return to the main menu or laschools.org to return to the LAUSD Facilities Services Division.

CertificationCertification Status

Crafts & Classifications

Home

laschools.org

241-4647





(Book) - Page 206


To begin the certification process, the Pre-Bid module will prompt for a bid number of a project and the trades that are used by your company.

Next the Pre-Bid Module will create a list showing the applicable Prevailing Wage Determinations for the trades selected, on the bid number entered.

To certify that you fully understand and know the Prevailing wage Determinations of all the trades selected, check (√) the box, enter your email address and password. Once the certification is completed, a confirmation screen will be displayed.

241-4647


(Book) - Page 207


Verifying Pre-Bid Certified Contractors

The Certification Status section of the Pre-Bid Module provides a complete list of all the certified contractors with the trades they are certified for a particular project.


(Book) - Page 208


In the Crafts & Classification section of the Pre-Bid Module, all the Prevailing Wage Determinations for every trade classification that are applicable to LAUSD projects are available for viewing.


(Book) - Page 209


Questions

For Step by Step instructions, you may download the manual from our website under the Instruction Manuals for LCD Online Tools section at the following address: http://www.laschools.org/contractor/lc

If you have any questions about the Pre-Bid Certification Module, please contact Technical support at (213) 241-4647 or via email at [email protected].

Home



Section 6EFuture Upgrades

• Automated Audit Application

• Digital Signatures

• OCIP Report Application

• Upload Protocol Enhancement

• CPR System Enhancement

(Book) - Page 211


Section 6E – Online Tools Introduction

(Book) - Page 213


The LCD’s future upgrade of the online tools consists of the following:

Automated Audit Application• Will assist Contractors by verifying and checking the following:

• Prevailing wages & fringe benefits• Apprentice-to-journeyman ratio• Shift differentials for all trades

Digital Signatures• Allows Contractors to digitally sign documents and forms

• Certified Payroll Reports• Requests to Un-finalize• Letter of Assent• DAS 140 Form• Job Start Checklists

OCIP Report Application• Contractors can report their worker insurance information with their Certified Payroll Reports to prevent double entries.

Upload Protocol Enhancement• A main page to centralize the upload process.• New design for a easier workflow.

CPR System Enhancement• A Note Box on the payroll for comments• New payroll design for more organization

speaker mark hovatter, director, facilities contracts los angeles unified school district labor...

Documents

district construction

th floor los angeles

history california labor

introduction section

prevailing wages section

apprentices section

case process section

history book page