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

US Department of Labor Issues New Proposed Rule on Independent Contractors.
The U.S. Department of Labor (DOL) is proposing new clarifying rules when it comes to independent contractors. To view the new proposed rules and make comments, go to this link: https://www.dol.gov/agencies/whd/flsa/2020-independent-contractor-nprm .

I wrote about Independent Contractors and 1099 employees several months ago. Remember there is no such thing as a 1099 employee. The worker is either your worker (fully burdened payroll taxes) or the worker is an independent contractor (IC), which meets all the IC rules. That includes the IC having a business license and a real business. A temporary worker that you are using for a project is a temporary employee; they are an employee (cannot be given a 1099) as they are not an independent contractor.

League of California Cities Virtual Event October 7-9 stop by our virtual exhibitor booth. For more information contact Renee Inman at rinman@cacities.org

Hawaii Prevailing Wage Webinar October 20, 12 noon- 2 p.m. So, if you do work in Hawaii, please sign up for the webinar by contacting renee@abchawaii.org

LCPtracker Academy Online learning for prevailing wage compliance. Deborah Wilder is the speaker for all of the California modules for both Contractors and Agencies and the mixed funded projects. Go to https://lcptracker.com/academy/ to sign up. LCPtracker Ignite Conference for 2020 has been rescheduled to November 2021. See you there.
You asked, we answered!

QUESTION: Do contractors need to submit CPRs to both the Awarding Agency and DIR? If not, is there a threshold at which point they would have to submit to both? If so, should they be submitting within 5-7 days after payment of workers?

ANSWER: Prevailing wages are required for all projects over $1,000.  

Electronic CPRs are to be filed with DIR if the prime contract exceeds $15,000 for maintenance or repair and over $25,000 for other construction.
Whether CPRs MUST be provided to the Agency depends on the funding source. Any Maintenance project over $15,000 r construction project over $25,000 is required to submit eCPR. Any project which has Proposition 84 or federal Davis Bacon money, MUST submit CPRS and related documents to the Agency (in addition to any obligation to submit the eCPR payroll to the DIR)
If it is just local or state funding (not Prop 84) then there is NO REQUIREMENT that the agency collect CPRs. However, Labor Code Section1726 states that awarding agencies shall take cognizance of prevailing wage enforcement/violations on a project. I do not know how an agency does that if they do not at least collect and look at CPRs. My recommendation is that all agencies should request CPRs. At least that way the contractor is more keenly aware that prevailing wages apply to the project.
For the eCPR, payrolls must be submitted within 30 days of the end pay period. Under federal Davis Bacon, payrolls must be submitted within 7 days of the close of the work week.

Feel free to send your questions to info@ccmilcp.com
New Book: AGC of America's Davis Bacon Compliance Manual, 5th Edition © 2019 is now out. Deborah Wilder is the author. 

You may purchase the book through www.agc.org or through the CCMI website: www.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.