Prevailing wages in California are a critical component of the state’s labor laws, designed to ensure fair compensation for workers engaged in public works projects. Here are the key points to understand prevailing wages in California:
Determination and Basis
Prevailing wage rates are determined by the Director of the California Department of Industrial Relations (DIR) based on collective bargaining agreements, rates predetermined for federal public works, and data from local labor organizations, employers, and employer associations.
Geographic and Occupational Variations
Prevailing wage rates vary depending on the type of work being performed and the geographic location of the project. For example, the prevailing wage rate for a carpenter in San Francisco may differ from that in Los Angeles due to differences in local labor markets and the cost of living.
Components of Prevailing Wage Rates
Prevailing wage rates include several components:
- Basic Hourly Rate: The minimum hourly wage paid to workers.
- Fringe Benefits: These include health insurance, pension contributions, vacation/holiday pay, and training programs. Contractors can pay these benefits directly to workers or through approved benefit plans.
Application to Public Works Projects
Prevailing wages apply to all construction, alteration, demolition, installation, maintenance, or repair work done under contract and paid for in whole or in part out of public funds. This includes pre- and post-construction activities related to public works projects. However, projects valued at $1,000 or less are exempt.
Worker Classifications
Prevailing wage rates are set for various worker classifications, including journeymen and apprentices. Journeymen rates reflect the compensation levels earned by experienced and fully trained workers, while apprentice rates are lower and reflect the lower skill and experience level of apprentices undergoing structured training and mentorship.
Compliance and Enforcement
Contractors and subcontractors must pay their workers not less than the specified prevailing rates of wages. Non-compliance with prevailing wage laws can result in significant penalties and claims that may be brought years after the work is complete.
Updates and Resources
Prevailing wage determinations are issued twice a year, on February 22 and August 22, and are published by the DIR. Workers and contractors can find the specific rates applicable to each craft, classification, or type of work and the geographic locality within the state through the DIR website.
Calculating prevailing wages in California involves several steps and considerations, as outlined by the state’s labor laws and the Department of Industrial Relations (DIR). Here’s a step-by-step guide to help you navigate the process:
Determine the Applicable Wage Determination
Go to the California Department of Industrial Relations (DIR) website and access the prevailing wage rates section. Select the project determination relevant to your project, which is usually provided by the prime contractor or the awarding body. These determinations are issued twice a year, on February 22 and August.
Identify the Worker Classification
Determine the specific craft, classification, or type of work being performed by each worker. This could include classifications such as carpenter, boilermaker, iron worker, etc. Ensure that each hour worked is classified correctly, as workers may perform different tasks during the day that fall under different classifications.
Check Geographic Location
Prevailing wage rates vary by geographic location within California. Ensure you are using the rates applicable to the county or locality where the work is being performed. For example, rates for a carpenter in San Francisco will differ from those in Los Angeles.
Calculate Basic Hourly Rate and Fringe Benefits
The prevailing wage rate includes both the basic hourly rate and fringe benefits. Fringe benefits can include health insurance, pension contributions, vacation/holiday pay, and training programs. These benefits can be paid directly to the workers or through approved benefit plans.
Example Calculation
For instance, if a worker is classified as a “Tree Trimmer (High Voltage Line Clearance)” in the San Francisco Bay Area, the prevailing wage might include a basic hourly rate of $39.26 plus $20.70 in fringe benefits, totaling $59.96 per hour.
Consider Travel, Holidays, and Shift Pay
Check the travel, holidays, and shift pay provisions that may apply to the specific classification. These can add additional compensation to the worker’s total hourly rate.
Review Special Notices
Check for any special notices or corrections issued by the DIR that may apply to your determination and classification. These notices can be found on the DIR’s prevailing wage homepage.
Ensure Compliance with Labor Code
Ensure all workers are paid not less than the specified prevailing rates of wages for all hours worked, as required by California Labor Code §1774. If workers are paid less than the prevailing wage rate, they are owed the difference, which can be recovered in a wage and hour action.
By following these steps, you can accurately calculate and ensure compliance with the prevailing wage requirements in California for public works projects.
Under California prevailing wage laws, overtime pay is governed by specific rules and regulations to ensure fair compensation for workers on public works projects. Here are the key points to understand overtime under California prevailing wage:
Overtime Hours
Overtime is considered for any work exceeding 8 hours in a day or 40 hours in a week. Hours worked beyond these thresholds must be compensated at the applicable overtime rate.
Overtime Rates
For hours worked between 8 and 12 hours in a single day, workers must be paid at 1.5 times their regular prevailing wage rate (time and a half).
For hours worked beyond 12 hours in a single day, or for work on the seventh day of a workweek, workers must be paid at double their regular prevailing wage rate (double time).
Weekend and Holiday Overtime
Overtime rates on weekends and holidays vary by craft and classification. For example, Saturdays may be paid at 1.5 times the regular rate, while Sundays and recognized holidays may be paid at double the regular rate. The specific rates are detailed in the prevailing wage determinations issued by the California Department of Industrial Relations (DIR).
Multiple Job Classifications
If a worker performs tasks under multiple classifications, overtime must be calculated based on the specific rates for each classification. For instance, if a worker spends part of the day in one classification and the rest in another, overtime is calculated separately for each classification.
Multiple Projects
Overtime must be calculated based on the total hours worked across all projects, regardless of the job site. This ensures that workers are compensated correctly for all hours worked, even if they are split between different projects.
Shift Differentials
For workers on multiple shifts or odd working hours, shift differentials may apply. These differentials can affect when overtime begins and the rate at which it is paid. The rules vary by craft and are specified in the DIR wage determinations.
Compliance and Enforcement
Employers are responsible for paying the correct overtime rates as specified in the prevailing wage determinations. Failure to comply can result in penalties, damages, accrued interest, legal fees, and court costs.
To determine if a job in California is subject to prevailing wage laws, you need to consider the following criteria and steps:
Type of Project
Prevailing wage laws in California apply to “public works” projects, which include construction, alteration, demolition, installation, maintenance, or repair work done under contract and paid for in whole or in part out of public funds. This also includes pre- and post-construction activities related to the project.
Contract Value
Prevailing wage laws apply to public works contracts valued at more than $1,000. Projects valued at $1,000 or less are exempt from these requirements.
Funding Source
The project must be funded in whole or in part by public funds. This includes projects funded by local government agencies, state agencies, or special districts.
Worker Classification
All workers employed on the project, whether by the contractor or subcontractor, must be paid the prevailing wage rates applicable to their trade or craft. This includes various worker classifications such as laborers, carpenters, plumbers, and operators.
Geographic Location
Prevailing wage rates vary by geographic location within California. You need to determine the rates applicable to the county or locality where the work is being performed.