AB 1140, as amended, Daly. Public works: prevailing wages.
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law requires the body awarding a contract for a public work to obtain from thebegin delete Director of Industrial Relationsend deletebegin insert directorend insert the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is to be performed, and the general prevailing rate of per diem wages for holiday and overtime work, for each craft, classification, or type of worker needed to execute the contract. Under existing
law, if the director determines during any quarterly period that there has been a change in any prevailing rate of per diem wages in a locality, he or she is required to make that change available to the awarding body and his or her determination is final. Under existing law, that determination does not apply to public works contracts for which the notice to bidders has been published.
This bill would instead state that if the director determines, within a semiannual period, that there is a change in any prevailing rate of per diem wages in a locality, that determination applies to any public works contract that is awarded or for which notice to bidders is published on or after January 1, 2014.begin delete Thisend deletebegin insert Theend insert bill would authorize any contractor, awarding body, or specified
representative affected by a change in rates on a particular contract to, within 20 days, file with the director a verified petition to review the determination of that rate, as specified. The bill would require the director to, upon notice to the interested parties, initiate an investigation or hold a hearing, and, within 20 days after the filing of that petition, except as specified, make a final determination and transmit the determination in writing to the awarding body and to the interested parties.begin insert The bill would make that determination issued by the director effective 10 days after its issuance, and until it is modified, rescinded, or superseded by the director.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1773.6 of the Labor Code is amended to
2read:
(a) If during any semiannual period the Director of
4Industrial Relations determines that there has been a change in any
5prevailing rate of per diem wages in any locality, he or she shall
6make that change available to the awarding body and his or her
7determination shall be final, except as specified in this section.
8This determination by the Director of Industrial Relations shall
9apply on its effective date to any contract under this chapter that
10is awarded or for which notice to bidders is published on or after
11January 1, 2014.
12(b) (1) Any contractor, awarding body, or representative of any
13craft, classification, or type of work
affected by a change in rates
14on a particular contract may, within 20 days after publication of
15the new determination, file with the director a verified petition to
16review the determination of that rate upon the ground that it has
17not been determined in accordance with Section 1773. Within two
18days thereafter, a copy of that petition shall be filed with the
19awarding body. The petition shall set forth the facts upon which
20it is based.
21(2) The director, or his or her authorized representative, shall,
22upon notice to the petitioner, the awarding body, and other persons
P3 1he or she deems proper, including the recognized collective
2bargaining representatives for the particular crafts,begin delete classificationsend delete
3begin insert
classifications, end insert or types of work involved, initiate an investigation
4or hold a hearing. Within 20 days after the filing of that petition,
5or within a longer period as agreed upon by the director, awarding
6body, and all interested parties, the director shall make a
7determination and transmit that determination in writing to the
8awarding body and to the interested parties. This determination
9shall be final.
10(c) A determination issued by the director is effective 10 days
11after its issuance. The director shall include an issue date on the
12determination. The determination shall remain in effect until it is
13modified, rescinded, or superseded by the director.
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