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Labor Compliance 101 > Basic Questions > Flashcards

Basic Questions Flashcards

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1
Q

Who is the DLSE and what do they do?

A

Division of Labor Standards Enforcement.
They enforce penalties.

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2
Q

Who is the OPRL and what do they do?

A

Office of Policy, Research, & Legislation.
They set prevailing wages.

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3
Q

Who is the CAC and what do they do?

A

California Apprenticeship Council.
They issue specific regulations.

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4
Q

Who is the DAS and what do they do?

A

Division of Apprenticeship Standards.
They establish apprentices wages
and set conditions for state certification.

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5
Q

Define “maintenance”.

A

Routine and visual work for preservation, protection, and keeping of ANY publicly owned facility for its intended purposes.

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6
Q

What does NOT fall under “maintenance” work?

A

Janitorial and Custodial.
There are outside the project’s scope of work.

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7
Q

What falls under “warranty”?

A

The labor itself that is included in the contract (scope of work), NOT the supplies from the manufacturer.

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8
Q

What are the FOUR EXEMPTIONS to receiving prevailing wage?
How would Alliant confirm that the contract is exempt?

A
  1. STATE - Contract that is less than $1,000.
    FED - Contract that is less than $2,000.
    (Or if the ENTIRETY of the contract is privately funded.)
  2. Work is carried out by public agencies that own employees.
  3. Security Guards
  4. Volunteers

Alliant would request an Overall Contract to confirm this exemption.

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9
Q

WHY is it important to know how a project is funded? (3 things)

A

So that we know:
- if the project requires PW
- the project’s requirements
- the project’s WD

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10
Q

What are the THREE requirements for a rate pull?

A

Bid Ad Date
Locality
Craft

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11
Q

What is the difference between the Bid Ad Date & the Awarded Date?

A

Bid Ad Date - when the project was published

Awarded Date - when the project was ASSIGNED to an awarding agency

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12
Q

What makes up the THR?

REMINDER ⚠️ What is the Prevailing Wage Requirement?

A

BHR + Fringes + Training

PW Requirement:
BHR + Employer Payments = THR

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13
Q

How often do “regular contributions” need to be made?

A

Employer must make contributions NO LESS THAN quarterly.

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14
Q

What is the “other” box on certified payroll? What is needed to verify the amount in this box?

A

Voluntary Deductions.

Verification: PDA signed by the employee

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15
Q

What would you search for an apprentice certification for John Smith, SSN: 123-45-6789?

A

SMITJ6789

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16
Q

What is prevailing wage?

A

The HOURLY WAGE, USUAL BENEFITS AND OVERTIME (determined by the State as the MINIMUM RATE OF PAY) contractors and vendors MUST give their employees when working on a Public Works Project.

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17
Q

Does a construction management firm with a public works contract, subbing out all work (not performing any work), need to be registered?

A

YES

Verification: Statement of Non-Performance

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18
Q

Who is responsible for underpayments to the works on public works projects?

A

Both Prime and Sub Contractors can be held liable.

Sub would be liable first, the penalties would roll up to the Prime.

19
Q

Does the awarding agency have to be registered?

A

NO.

Only the PROJECT being awarded needs to be registered.

20
Q

Who is the OWNER of the project?

A

The awarding body.

21
Q

What place is NOT considered a “job site” or “site of work”?

a. Location where the school is being built
b. Fabrication yard constructed specifically for the project
c. Batch plant for cement used for the project
d. Repair shop for machines used for the project

A

(d.) Repair shop for machines used for the project

The other 3 options fall under the “regular scope of work” of the project.

22
Q

If the public works contract is not publicly bid out, can Alliant still determine the wage determination?

A

YES.

We can refer to the Contract Date

23
Q

What does eCPR include?

A

Hours Worked and Work Classification

24
Q

What is PWC-100?

A

Public Works Project Registration.
A public search utility on the DIR website.

25
Q

Where can you find the DIR Project ID #?

A

PWC-100

26
Q

WHO submits the PWC-100?

A

The Awarding Agency

27
Q

What information is important to figure out the wage determination on a state project?

A

Bid Ad Date

28
Q

Who must be paid the PW wage? (select all that apply)

a. Sole Proprietor
b. Owner/Operator
c. Janitor
d. A foreman on the site who picked up a paint brush to quickly paint over a missed spot

A

(a.), (b.), and (d.)

29
Q

How would you know if an NEBF (National Employees Benefits Funds) is applicable to a classification?

A

A footnote.

30
Q

What does the 3% NEBF footnote apply to?

How would you calculate the 3% NEBF amount?

A

The BHR.

BHR x 0.03

31
Q

What is the main difference between a Residential project and a Commercial project?

A

Residential - single-family homes up to and including 4 stories.

Commercial - construction of ANY structures on the project that does not meet the Residential definition.

32
Q

During which of the 4 Rate Pull steps is the majority of underpayments found?

A

The 4th step (Craft/Classification).

If a contractor misclassifies their employees, it can lead to major penalties.

33
Q

What is the basic definition of the Bid Process?

A

The Awarding Body puts out an advertisement for Prime Contractors to bid on their project.

34
Q

What is the difference between a Journeyman and an Apprentice?

A

JM - an ALREADY TRAINED worker who has LEARNED a trade.

Apprentice - STILL LEARNING a trade, REGISTERED in an apprentice program, and accompanied by a JM when performing work.

35
Q

When are the General Determination Dates? When are they EFFECTIVE?

A

General Determination dates are ISSUED twice a year — Feb 22 and Aug 22.

The Effective Date of each determination is 10 days after each Issue Date.

36
Q

If the Bid Ad Date is a PREVIOUS date to the General PW Determination, then under what category on the DIR website would you find the determination under?

A

The Superseded PW Determination Category.

37
Q

Define Predetermined Increase:

A

An increase to a particular classification’s rate. (**)

38
Q

What does a single asterisk indicate?

A

No increase in the classification’s rates.

39
Q

What does a # indicate?

A

An apprenticeable craft.

40
Q

When does the Awarding Body have to register a Public Works Project?

A

They have to register the Public Works Project within 30 days from awarding the project.

41
Q

What does Labor Code 1720 define?

A

It defines what Public Works is.

42
Q

Name some items that are crucial when pulling a wage rate:

A
  1. Footnotes
  2. important Notices
  3. Predetermined Increases
  4. Travel & Subsistence
  5. Holidays
  6. Scope of Work
43
Q

What 3 crucial Documentations are included in the Welcome Transmittal for the contractor?

A

Initial Docs
Wage Determination
DIR Project #

Labor Compliance 101 (6 decks)

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