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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.

Deborah Wilder
CCMI President 

California Court Stays Proposed Apprenticeship Requirements

The California Apprenticeship Council (CAC) has issued new regulations which would limit use of apprentices on public works only to work processes contained in Department of Apprenticeship Standards (DAS) approved apprenticeship standards. The regulations would unsettle the well-established rules for employing apprentices on public works which is to employ apprentices from the craft or trade of the journeyperson performing the work. The regulations were initially scheduled to be effective on October 1.

On September 20, AGC of California, along with other employer associations, brought a lawsuit against the CAC seeking to overturn these regulations. AGC of California asserts primarily that the regulations are contrary to law, place an extraordinary burden on contractors to apply lengthy DAS work processes, force contractors to breach their MLAs, and specifically contradict the holding in the 2015 California Court of Appeals decision in Henson v. C. Overaa. 

Currently, the regulations are not in effect. The Court has accepted an argument that the regulations be stayed in their entirety. The stay is currently scheduled to last until the Court has the opportunity to hold a hearing on a preliminary injunction motion. The CAC website confirms the Court-ordered stay. (Division of Apprenticeship Standards (DAS) - Approved Regulations (ca.gov))

Credit goes to AGC of California for this article.

Upcoming Training:

More classes with LCPTracker Academy coming in January: “What is New in California Prevailing Wage”, “Skilled and Trained Workforce”; “Prevailing Wage for Developers on Low Income Housing Projects”. Stay tuned.

January 11th “What’s New in Prevailing Wage Compliance for Public Agencies” California Special District Association. www.csda.net

March 8th Foundation Software Conference Orlando Florida. Stay tuned for updates

April 13th and 14th Prevailing Wage workshop for California Public Agencies. www.csda.net

Want to schedule your own prevailing wage workshop?
We will customize a workshop or webinar for you and your Agency/Company. Contact us at: info@ccmilcp.com 
What Every Contractor Should Know About Prevailing Wages, 3rd Edition.
Available through www.ccmilcp.com $45 inclusive of tax and shipping.
FROM THE INBOX....You asked, we answered!
QUESTION: I am an independent owner operator truck driver, where does it say that I have to be registered as a public works contractor, I do not have or need a CSLB?
ANSWER: 1771.4 requires all those who perform prevailing wage work on the site to have their company registered. This includes sole proprietors and owner operators. Additional explanation can be found in the regulations at §16410. Which reads:

(a) Any contractor or subcontractor who is required to be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 shall complete an online application on the Department's Public Works website and pay the applicable fee specified in section 16412.

(b) All registrations shall be for the July 1 to June 30 fiscal year or any part of the fiscal year that remains following the date of registration.

(c) Registration is required for any contractor or subcontractor who will bid on or perform public work that is subject to the requirement to pay prevailing wages as described in Labor Code Sections 1771, 1772, and 1774. This requirement includes the following specific situations, in addition to anyone else covered by the definition of contractor in Labor Code Section 1722.1.

(1) Each business entity or name that is separately licensed by the Contractors State License Board or other licensing entity and intends to bid or work on public works through that separate license, irrespective of whether the separately licensed entities or business names share a common ownership.

(2) Any entity or individual hired or engaged as an independent contractor to perform work that is subject to prevailing wage requirements. For purposes of this section, no person shall be considered an employee of another registered contractor or subcontractor unless the registered contractor or subcontractor has workers' compensation coverage for that person as specified in Labor Code Section 1725.5(a)(2)(A).

(3) Any entity or individual who is a joint employer of workers employed on public works, whether or not the entity or individual has entered into a contract or subcontract to perform the public work. For purposes of this section, a joint employer includes a professional employment agency, temporary staffing agency, or labor contractor who employs workers in the execution of any contract of public work, as well as an entity or individual who enters into a contract or subcontract to perform public work, but subcontracts with another entity or individual to perform the actual work.

(4) Any sole proprietor, including but not limited to an owner-operator, who performs any work that is subject to the requirement to pay prevailing wages under Labor Code Section 1774.

(d) Every contractor and subcontractor who registers with the Department pursuant to this Article shall be assigned a unique registration number, which may be used as an identification number on other public works forms, notices, and listings that are submitted to or maintained by the Department.

(e) Unless otherwise specified by statute or these regulations, the requirements for renewing an existing or previous registration shall be the same as the requirements for a new registration.

Feel free to send your questions to info@ccmilcp.com
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.