Welcome to our newsletter! You will find important updates and industry related news, along with upcoming speaking events and educational opportunities. Thank you for your interest in CCMI.

Sincerely,




Deborah Wilder
CCMI President 

 
WHATS NEW?

Employee Misclassification: Still the Most Frequent Error that Contractors Make 
Prevailing wage law is never easy. Whether a contractor is working on a Davis Bacon project or a project subject to New York, Maryland or California prevailing wage laws, the classification of workers into the correct classification can be complicated.  The most frequent error that contractors make is to classify workers in the wrong prevailing wage category. Most of this misclassification is a good faith error.

The difference between a Communications and Systems Installer versus a Communication and Systems Technician can be confusing. And if a Laborer classification allows for the laying of pipe, but the Plumbers also claim that work, the issue becomes which prevailing wage classification do you use? The rules can be different depending on if you are subject to federal or state prevailing wage requirements.

In some states there are published Scopes of Work which can help the contractor. In other instances, clarification needs to be requested of the awarding agency or the state enforcement agency. For Davis Bacon projects, the DOL Regional Office is the proper entity to conclusively clarify that issue for you. (A ruling by a contracting officer is not considered "binding" by the US DOL.) However, sometimes that means the answer is not readily available and requires a limited area survey. In other instances, a conformance will need to be requested.

A contractor should know that "unskilled laborer" is NOT the default classification if you otherwise cannot find a classification covering the work performed.
 
California DIR Director Retires 
Christine Baker, the Director of California's Department of Industrial Relations announced her retirement on April 2, 2018. Christine has worked for the DIR for many years and has been the Director of the DIR for the last 7 years.  The Acting Director will be Labor and Workforce Development Agency undersecretary AndrĂ© Schoorl. Schoorl joined LWDA as a gubernatorial appointee in 2014. Prior to that Schoorl was deputy director at the Assembly Speaker's Office of Member Services.

AB 26
In California the mandatory construction retention amount on public works projects was reduced to 5% several years ago with that law to sunset this year. The legislature has now extended the 5% maximum retention for five additional years through 2023.
   

UPCOMING EVENTS - Training and Seminars 

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May 29th -June 1st 
Please join CCMI at the LCPtracker Ignite Conference in Huntington Beach. Register at
 www.lcptracker.com. Deborah Wilder will be teaching 7 different sessions over the course of the conference.

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FROM THE INBOX....
You asked, we answered!

QUESTION:
Why Do I Have to Submit a Conformance Request for Surveyor on my Davis Bacon Project?
   
ANSWER: 
In March 2013, the US Department of Labor issued an All Agency Memo declaring that surveying work on an active construction project would be covered by prevailing wages.  Now, five years later some wage determinations still do not have surveyor rates listed. Contractors need to be aware that surveying work IS covered by prevailing wages. So, if there is no surveyor wage rates listed in a wage determination, a conformance request will need to be made.

Surveying rates apply to rodman and chainman, but not Chief of the Party if the Chief of the Party is otherwise an exempt supervisorial employee. Surveyor work is only covered for active construction projects, not for surveying work conducted as part of the design process. The conformance process is neither difficult nor lengthy, but the conformance process does have very specific forms, questions and information which must be submitted.  CCMI is available to help with such requests. 

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CCMI is not just another firm....

We are not merely a "consulting" firm, but rather a team of individuals who understand the needs of the Public Entity and contractors to "get the project done." Our staff includes retired contractors, auditors, attorneys and industry veterans.