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Deborah Wilder
CCMI President 

With many of the legislatures on recess for the balance of the year, it may be appropriate to discuss some of the legal changes we can expect or should keep our eye on.
The California Legislature adjourned August 31, 2015. No major changes have been made to prevailing wage law. However, some of these laws have been passed by the Legislature , but have not yet been signed by the Governor. While I would assume that the Governor would sign these bills, there is also a possibility that the bill could be vetoed. Stay tuned for the next few weeks.
AB 877 creates a longer period of time for an awarding agency to file a PWC-100 due to emergency work. Currently, a PWC-100 for maintenance project over $15,000 or construction over $25,000 has to be filed 30 days after contract award, but not later than the first day worked on the project. The provisions of AB 877 allow an agency to file the PWC-100 for Emergency Work (as defined by Public Contract Code) within 30 days of award, but not later than the last day worked. This addresses the concern that it is nearly impossible to submit a PWC-100 for emergency work on the day the work commences.
AB 3018 imposes additional obligations for contactors relating to skilled and trained workforce. In brief: in January 2017, 30 % of the contractor's workforce must be a graduate from an approved apprenticeship committee or have equivalent experience. In January 2018, the percentage increased to 40% , in January 2019, the percentage will be 50% of the workforce must meet this requirement and in January 2020 60% of the workforce must meet this requirement. There are limited exceptions.
Both of these bills are waiting for the Governor's signature.
On the federal level, I am watching HR 6693. It has not been passed yet, but would require 20% of a contractor's workforce on federal projects (over $1.5 million) be apprentices. 

September 25, 2018:

September 27. 2018:
Associated Builders and Contractor San Diego: What Every Contractor Should Know About Prevailing Wages www.abcsd.org  

October 16, 2018
Humboldt Builders Exchange: What Every Contractor Should Know About Prevailing Wages http://www.humbx.com/

You asked, we answered!

What type of fringe benefits count toward meeting prevailing wage requirements?
Typical third party plans for health and welfare dental, vision, disability or life insurance are all example of bona fide fringe benefits. Things get a little more complicated if there is a self-funded Health and Welfare Plan, a Health Savings Account (HSA) or an Employee Stock Option Plan (ESOP).   For these benefits, the US Department of Labor (DOL) and many state agencies require the contractor to submit the plan along with its contribution and vesting requirements for review. There is actually a provision in Title 29 of the Code of Federal Regulations, Part 5, where an employer can submit a non-conventional plan for review and approval by the DOL. Various states may have their own interpretation of non-traditional plans for fringe benefit approval. For those of you performing work in Nevada, ONLY contributions made to third party plans are allowed to take credit under State prevailing wage law. Do not confuse IRS approval of a contribution as approval for prevail wage fringe benefits. 

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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.