Public Works Labor Compliance Vendor Workshop by Housing Authority of the City of Los Angeles
The Housing Authority of the City of Los Angeles conducted a workshop to assist contractors in understanding their Public Works labor compliance responsibilities. The workshop covered topics such as contractor responsibilities, registration with the state under SB854, federal and state labor laws, apprenticeship requirements, prevailing wages, and more. Public Works involve construction and maintenance work performed under a contract totaling more than $1,000 and paid for with public funds, triggering labor laws and requiring payment of prevailing wages to workers.
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Housing Authority of the City of Los Angeles PUBLIC WORKS LABOR COMPLIANCE VENDOR WORKSHOP GENERAL SERVICES DEPARTMENT OCTOBER 3, 2017 FIRST FLOOR BOARD ROOM 1
Meet Our Presentation Team Howard Baum Howard Baum Director of Legal & General Services Housing Authority of the City of Los Angeles (HACLA) 2600 Wilshire Boulevard 4th Floor Los Angeles CA 90057 Email: Howard.baum@hacla.org Laquina Lebron Laquina Lebron Labor Compliance Administrator Housing Authority of the City of Los Angeles (HACLA) 2600 Wilshire Boulevard 4th Floor Los Angeles CA 90057 Phone: 213.252.4280| Email: laquina.lebron@hacla.org Ruperto Lawson Ruperto Lawson Labor Compliance Specialist Los Angeles HUD office of Davis Bacon and Labor Standards Phone: 213.894.1857 | Email: Ruperto.E.Lawson@hud.gov 2
Workshop Objective Assist contractors in understanding their Public Works labor compliance responsibilities. 3
Public Works Discussion Items Public Works Contractor Responsibilities Registration with the State under SB854 Federal and State Labor Laws Apprenticeship Requirements Payment of Prevailing Wages Project Posting Requirements Certified Payroll(s): Completion, Submission and Retention 4
What is Public Works? Construction and maintenance work performed under contract totaling more than $1,000.00 and paid for in whole or in part with public funds; triggers labor laws and no less than the payment of prevailing wages to workers. Construction Maintenance Asbestos Abatement Plumbing Repairs Utility Upgrades Playground Repairs Roof Replacements Pavement Repairs New Playground Installation HVAC Repairs Fence Installation Electrical Servicing 5
Contractor Public Works Responsibilities Comply with Senate Bill 854 Comply with Senate Bill 854 Requires that contractors and subcontractors be registered with the Department of Industrial Relations (DIR) in order to bid, be listed on a bid proposal, awarded a contract and that payrolls be submitted directly to the DIR. Registration is valid from July 1st June 30th. To register, a vendor must pay a $400.00 annual fee and meet DIR minimum qualifications as listed at: http://www.dir.ca.gov/Public-Works/PublicWorksSB854 SB854.html Exceptions: Exceptions: Contactors who work exclusively on construction projects of $25,000 or less or maintenance projects of $15,000 or less are not subject to registration requirements. However, payrolls must be retained and provided upon request. Possess requisite license(s): Possess requisite license(s): at the time of contract award where federally funded and at the time of bid where non-federally funded Meet Meet state bond(s) and each must equal to 100% of the contract award: state project bonding requirements project bonding requirements - For construction projects (not maintenance), a contractor must obtain the following Payment Bond where project is greater than $25,000.00; and Performance Bond where project is greater than $150,00.00 Adhere to subcontractor substitution requirements Adhere to subcontractor substitution requirements Contractor must list all subcontractors at the time of bid and seek consent from HACLA to substitute subcontractors. Comply with state and federal labor laws and payroll reporting requirements. Comply with state and federal labor laws and payroll reporting requirements. 6
Labor Standards (Federal) Standards Requirement(s) Davis Bacon and Related Acts (DBRA) applies to federally funded HACLA construction projects that total more than $2,000.00 Payment of no less than the applicable prevailing wages determined by the U.S. Department of Labor (DOL) to labors and mechanics; The Housing Act of 1937 - applies, but is not limited to, federally funded HACLA maintenance projects that total more than $2,000.00 Payment of no less than HUD approved maintenance wages Fair Labor Standards Act (FLSA) - applies to HACLA construction and maintenance projects Payment of no less than the federal minimum wage Note: Federal prevailing wages apply where higher See slide 12 Overtime (OT) pay for work over 40 hours in a workweek (7 days). Recordkeeping (records accurately reflect employee work times and are maintained for three years). Must post FLSA Poster at project site. Note: State OT laws apply and are stricter See next slide. Contract Work Hours and Safety Standards Act (CWHSSA) applies to federally funded HACLA maintenance and construction projects over $100,000.00; Not limited to project site. Overtime pay for laborers, mechanics, guards, and watchman at a rate of one and a half times the basic rate of pay for hours worked in excess of 40 hours in a workweek. Liquidated damages can be assessed at a rate of $25 per day for violation. Copeland Anti-Kickback Act - applies to federally funded HACLA maintenance and construction projects that total more than $2,000.00 Prohibits kickbacks of wages; Weekly submission of a statement of compliance (does not apply to maintenance projects) Regulates payroll deductions (29 CFR 3.5) 7
California State Labor Laws Standard Requirement(s) Rest Periods 10-minute paid rest period is required for every four hours of work . As practicable, the rest period should be in the middle of the work period. https://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm Meal Periods/Lunch Breaks No less than a 30 minute break is required for more than 5 hours of work. If the work day is no more than 6 hours, the meal period can be waived by mutual consent of both employer and employee. HACLA requires written consent. https://www.dir.ca.gov/dlse/faq_mealperiods.htm Overtime An employee must receive one-half times the employee s regular rate of pay for all hours worked in excess of eight hours (8) in a workday and over 40 hours in the workweek. Note: A workweek is 7 consecutive days. https://www.dir.ca.gov/dlse/faq_overtime.htm 8
Department of Labor (DOL) Apprentice Requirements Federally Federally- -Funded PW Construction Funded PW Construction and Maintenance Projects and Maintenance Projects Under the DBRA hiring an apprentice is not mandatory. When hired, an apprentice must be: When hired, an apprentice must be: enrolled in an apprentice program approved by the DOL registered with the DOL; and paid no less than the program s established apprentice wage. Contractors and subcontractors must Contractors and subcontractors must: obtain and provide a copy of the DOL apprentice certification and the apprentice program s wage scale and ratio. on a daily basisadhere to the program s apprentice ratio 9
State Apprentice Requirements Non Non- -Federally Federally- -Funded PW Construction or Maintenance Projects Funded PW Construction or Maintenance Projects Projects of $30,000 or more Projects of $30,000 or more trigger the obligation to hire apprentice(s) registered with the DIR where a craft or trade is marked with a # which indicates an apprenticeable occupation: Submit contract award information to applicable apprentice committee(s) for each required craft (DAS 140 Form: (DAS 140 Form: https://www.dir.ca.gov/DAS/DASForm140.pdf) Request apprentice(s) from committee(s)(DAS 142 Form: (Note: apprentice certificates can be obtained at: http://www.dir.ca.gov/das/appcertpw/appcertsearch.asp) Employ one hour of apprentice work for every five hours of journeyman work. (DAS 142 Form: https://www.dir.ca.gov/das/DASForm142.pdf) Make training fund contributions to applicable apprentice committee or the California Apprentice Council (CAC) (Training Fund Contribution Form: (Training Fund Contribution Form: https://www.dir.ca.gov/DAS/tf/cac2.asp) For more information: https://www.dir.ca.gov/Public-Works/Apprentices.html 10
DAS 140 11
Prevailing Wages Project Federally-Funded & more than $2,000.00 Non-Federally Funded Davis Bacon Wages https://www.wdol.gov/archdba.aspx Public Housing Construction HUD-Approved Maintenance Wages http://www.hacla.org/pwlc Public Housing Maintenance State Prevailing Wages https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm HACLA Commercial Sites Construction Davis Bacon and State Prevailing Wages (higher of the two) HACLA Commercial Sites Maintenance 12
State Prevailing Wages: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm 13
State Prevailing Wages: https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm DIR Prevailing Wage Unit (415) 703-4774 14
Project Posting Requirements All Public Works Public Works sites must have on display mandatory State workplace notices/posters - https://www.dir.ca.gov/wpnodb.html and Fair Labor Standards Act (FLSA) Minimum Wage Poster https://www.dol.gov/whd/regs/compliance/posters/minwagep.pdf If federally funded be sure to include: Davis Bacon Construction Projects Davis Bacon Construction Projects Applicable Project Wages (HUD 4720 Project Wage Sheet) http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12576.doc Employee Rights Under The Davis Bacon Act (DBA 11x17 Color Poster) https://www.dol.gov/whd/regs/compliance/posters/fedprojc.pdf Spanish Version: Employee Rights Under The Davis Bacon Act (11x17 Color Poster) https://www.dol.gov/whd/regs/compliance/posters/davispan.pdf Note: Specify HACLA s Labor Compliance Administrator s contact information within the provided area of the DBA poster Maintenance Projects Maintenance Projects Applicable HUD Approved Maintenance Wages 17
Certified Payrolls Employee name, work classification, work hours, wages, deductions, project and locations, etc. shall be recorded. Contractors and Subs must pay workers and submit payrolls as follows: Federally Funded Construction Projects (Davis Bacon Wages) Construction Projects (Davis Bacon Wages) - - On a weekly basis, pay employees and submit payrolls to HACLA (or its designee). Maintenance Projects (Subject to HUD wages) Maintenance Projects (Subject to HUD wages) Pay employees no less than semi-monthly and submit payrolls to HACLA upon request. Non-Federally Funded All other Public Works Projects All other Public Works Projects S Submit payrolls to HACLA upon request and on a weekly basis submit directly to the DIR where PW totals more than: $25,000 for construction projects $15,000 for maintenance projects Payrolls must be maintained for no less than 3 years following project completion. 18
Submit to DIR: https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html DIR/DLSE contact for assistance: (562) 590- 5048 19
HACLA Resources For additional information and resources, please visit Public Works Contracting Public Works Contracting at: http://www.hacla.org/pwc Public Works labor guides and forms are available at: http://www.hacla.org/pwlc 23
Questions? 25
Thank You! 26
