Having trouble viewing this email? Click Here
Hi, just a reminder that you're receiving this email because you have expressed an interest in Deborah Wilder, CCMI. Feel free to unsubscribe if you are no longer interested or have received this email in error. Thank you!
 
You may unsubscribe if you no longer wish to receive our emails.
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?    

DOL Can Find Violations for Non-Wage Issues

Just a reminder that the U.S. Department of Labor can find “prevailing wage” violations even if there are no wage violations. Here are just a few examples:

  • Workers must be paid not less than weekly;
  • Certified payrolls must be submitted within 7 days of the close of the payroll period;
  • Union signatory contractors are to submit a full copy of their collective bargaining agreement (cba);
  • Any employer who employs apprentices is required to submit a copy of the applicable apprenticeship standards agreement (ASA);
  • The applicable federal wage determination must be posted on the jobsite.


What are the ramifications if these items are not met? Typically, the outcome of a DOL audit/review will result in one of three outcomes:

  1. The contractor passes the audit with no violations or only very small errors.
  2. The DOL identifies one or more of the violations above or finds wage violations (more than just small bookkeeping errors) and requires a consent decree. A consent decree has the effect of a court order stating that the employer will agree to the items in the order which typically includes heightened compliance and monitoring for future projects.
  3. The contractor is debarred. Debarment for a direct Davis Bacon Project is three years. Debarment for a Davis Bacon Related Acts project, (usually money comes through a state of local agency), is one to three years.

UPCOMING SEMINARS AND SPEAKING OPPORTUNITIES

Upcoming Training:

The U.S. Department of Labor’s Wage and Hour Division (WHD) will offer compliance seminars for contracting agencies, contractors, unions, workers, and other stakeholders to provide information on the requirements governing payment of prevailing wages on federally funded construction and service contracts. While in person training is always best, those will not be returning until at least 2022. Seminar attendance is free, however registration is required. Participants may register at https://www.eventbrite.com/e/department-of-labor-virtual-prevailing-wage-seminar-tickets-161236758485.
 
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 
LCPtracker Ignite Conference
Register now and join compliance industry experts, contractors, and government personnel from cities and counties at the most comprehensive and intensive Davis-Bacon and prevailing wage training and education conference. The Ignite Conference is scheduled for November 15-17 at the Loews Coronado Hotel. To register, go to:https://lcptracker.regfox.com/ignite-2021 

Deborah Wilder will be speaking at 7 different sessions.
NEW BOOK UPDATE
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: California has a 1:5 hourly apprenticeship ratio for public works. I understand Operating Engineers has a different ratio. What is that?
man_scratches_head.jpg
ANSWER: California has the most complicated of any state when it comes to apprenticeship on public works project. California has established a 20% apprenticeship ratio on all public works projects over $30,000. That is for every 5 journeyman hours worked, there should be 1 apprentice hour worked. That is universal across all trades which have an approved apprenticeship committee, with a few exceptions: Operating Engineers, contractors who are signatory to the Laborer’s union and trucking.  

For Operating Engineers (OE), the DIR per person ratio approved by the DIR, changes from Northern California to Southern California. In Northern California an apprentice is not required to be requested unless and until there are 4 journeyman OEs on the project at one time. Then, that 5th OE to the project should be an apprentice (assuming one is available). For Southern California the rule is 5 OE journeyman before an apprentice is requested.

CCMI’s recommendation is that you still send your DAS-140 to register the project, but do not send a DAS-142 until you reach the ratio set forth above. Sending a DAS-142 requesting zero apprentices is invalid. Just be aware of how many operating engineers you have on your project at one time, then request your apprentice (DAS-142) once you hit those ratios. To review these exemptions for yourself, go to: https://www.dir.ca.gov/DAS/RatioExemption.htm

This per person exemption only applies to Operating Engineers who are operating equipment and not to inspectors, surveyors or material testers.


Feel free to send your questions to info@ccmilcp.com
construction_hard_hat.jpg
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.
STAY CONNECTED