Enforcement of Public Works Law
The Labor Commissioner's Office monitors and enforces compliance with public works law and works with district attorneys' offices around the state to prosecute violations. The Labor Commissioner's Office enforcement priority is to recover and pay employees' stolen wages.
Investigations may be triggered by a complaint filed by an employee, a former employee or the general public.
Violators in the News
Common Public Works Violations
- Worker misclassification
- Under-reporting of hours
- Failure to report all workers
- Demands that worker pay wage kickbacks
- Failure to fund fringe benefits
Consequences of Non-Compliance
Violations may result in:
- Restitution of wages owed, plus interest and liquidated damages
- Monetary penalties
- Debarment of up to three years
- Criminal prosecution
- Reimbursement of investigation costs to DIR
Contractors and subcontractors share monetary responsibility (known as joint and several liability) for all monies due as a result of a violation.
What Must Contractors Do to Comply with the Law?
- Keep and submit certified payroll records
- Comply with apprenticeship standards
- Pay prevailing wages
What Must Awarding Bodies Do to Comply with the Law?
- Provide notice of registration requirement
- Require proof of registration before accepting a bid or awarding a contract
- Post or require contractors to post job site notices
- Inform DIR of all public works projects awarded
- California Labor Code
- Public Works Manual
- Public Works Coverage Determinations
- Laws Relating to Prevailing Wage Requirements
- List of Debarred Contractors
- Public Works Reforms (SB 854)
- Concrete Delivery Legislation (AB 219)