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Speaker Mark Hovatter, Director, Facilities Contracts Los Angeles Unified School District Labor Compliance Department.

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Presentation on theme: "Speaker Mark Hovatter, Director, Facilities Contracts Los Angeles Unified School District Labor Compliance Department."— Presentation transcript:

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2 Speaker Mark Hovatter, Director, Facilities Contracts Los Angeles Unified School District Labor Compliance Department

3 BOARD OF EDUCATION Marlene Canter, Board President, District 4 Marguerite Poindexter LaMotte, District 1 Monica Garcia, District 2 Jon Lauritzen, District 3 David Tokofsky, District 5 Julie Korenstein, District 6 Mike Lansing, District 7 ADMINISTRATIVE STAFF S, David L. Brewer, III, Superintendent of Schools, Los Angeles Unified School District, Joseph A. Mehula, Chief Executive, Facilities Services Division, Mark Hovatter, Director, Facilities Contracts Tybouy Tang-Wong, Manager, Labor Compliance Department PREPARED BY THE LABOR COMPLIANCE DEPARTMENT Los Angeles Unified School District Labor Compliance Department

4 Table of Contents Special - Guest Speakers Section 1 - Introduction Section 2 - Prevailing Wages Section 3 - Employing Apprentices Section 4 - Certified Payroll Records Section 5 - Audit and Case Process Section 6 - New Online Tools Section 7 - Precedential Decisions, Opinions, And Response Letters Los Angeles Unified School District Labor Compliance Department

5 Section 1 Introduction A. General Information and History B. Benefits of a Labor Compliance Program C. Contact Information D. Terms and Definitions E. General Conditions (Book) - Page 1 Los Angeles Unified School District Labor Compliance Department

6 Section 1A General Information and History (Book) - Page 3 Los Angeles Unified School District Labor Compliance Department

7 Section 1A - General Information and History  California Labor Code §1770 et seq. and Education Code §17424 require that Contractors on public works projects pay their workers based on the prevailing wage rates, which are established and issued by the Department of Industrial Relations.  In February 1985, the Los Angeles Unified School District began administering a program for monitoring the prevailing wage rates paid to construction workers on public works projects throughout the District.  On January 27, 1993, the Director of the Department of Industrial Relations granted the Los Angeles Unified School District initial approval to operate its Labor Compliance Program.  On September 7, 1993, the Board of Education of the Los Angeles Unified School District adopted the Labor Compliance Program.  On December 7, 1996, this Program received final approval from the Department of Industrial Relations.  It is the intent of the District to adhere to the statutory requirements as defined in Labor Code §1771.5(b) and to actively enforce this Labor Compliance Program. (Book) - Page 5 Los Angeles Unified School District Labor Compliance Department

8 Section 1B Benefits of a Labor Compliance Program Competitive Bidding Process Integrity Regeneration of Funds to the Community Better Labor Relations Quality Construction Work (Book) - Page 7 Los Angeles Unified School District Labor Compliance Department

9 Section 1B – Benefits of a Labor Compliance Program 1. Competitive Bidding Process Integrity When a comprehensive LCP is initiated and enforced, it prevents underbidding by Contractors, or Contractors who utilize Subcontractors, and who do not pay prevailing wages. It creates a level playing field for contractors bidding on District construction projects. 2. Regeneration of Funds to the Community The enforcement of prevailing wage laws offers integrity to the competitive bidding process on District construction projects. The local community Contractors have incentive to bid; therefore, the project funds can be regenerated to the community. 3. Better Labor Relations A strong Labor Compliance Program encourages and promotes responsible working conditions for all working parties, which helps build long-term prospects for a sustained, positive, labor and management relationship. 4. Quality Construction Work Payment of prevailing wages to workers employed on public works can attract the most skilled workers and ensure the highest quality of work on all projects. (Book) - Page 9 Los Angeles Unified School District Labor Compliance Department

10 Section 1C Contact Information Labor Compliance Department Department of Industrial Relations Division of Labor Statistics and Research Division of Apprenticeship Standards Division of Labor Standards Enforcement (Book) - Page 11 Los Angeles Unified School District Labor Compliance Department

11 Section 1C – Contact Information (Book) - Page 13 Los Angeles Unified School District Labor Compliance Department Los Angeles Unified School District Labor Compliance Department 333 South Beaudry Ave., 19 th Floor Los Angeles, CA 90017 (213) 241-4665 (213) 241-8356 (Fax) Email Address: lcp@lausd.netlcp@lausd.net Web: www.laschools.org/contractor/lcwww.laschools.org/contractor/lc Department of Industrial Relations Office of the Director 455 Golden Gate Avenue San Francisco, CA 94102 (415) 703-5070 Web: www.dir.ca.govwww.dir.ca.gov Division of Labor Statistics and Research 455 Golden Gate Avenue, 9 th Floor San Francisco, CA 94102 (415) 703-4780 Web: www.dir.ca.gov/DLSRwww.dir.ca.gov/DLSR DSLR Prevailing Wage Unit (415) 703-4774 Mailing Address: Los Angeles Unified School District Facilities Contract Services Labor Compliance Department P.O. Box 513307 Los Angeles, CA 90051-1307 Mailing Address: Division of Labor Statistics and Research P.O. Box 420603 San Francisco, CA 94142-0603

12 Section 1C – Contact Information (Book) - Page 13-15 Los Angeles Unified School District Labor Compliance Department Division of Apprenticeship Standards 455 Golden Gate Avenue, 10 th Floor San Francisco, CA 94102 (415) 703-4920 (415) 703-5477 (fax) Web: www.dir.ca.gov/DASwww.dir.ca.gov/DAS Division of Labor Standards Enforcement San Francisco Headquarters 455 Golden Gate Avenue, 9 th Floor San Francisco, CA 94102 (415) 703-4810 Web: www.dir.ca.gov/DLSE/dlse.htmlwww.dir.ca.gov/DLSE/dlse.html See Manual for more Contact Information

13 Section 1D Terms and Definitions As Presented in California Code of Regulations, Title 8, §16000 (Book) - Page 17 Los Angeles Unified School District Labor Compliance Department

14 Section 1D – Definition of Terms The California Code of Regulations (CCR) contains the regulations that have been formally adopted by state agencies, reviewed and approved by the Office of Administrative Law, and filed with the Secretary of State. The CCR consists of 28 titles and contains the regulations of approximately 200 regulatory agencies. Title 8 CCR §16000 contains definitions of terms pertaining to the Payment of Prevailing Wages upon Public Works and Awarding Body Labor Compliance Programs. The sections relating to Labor Compliance Programs, §16000 – 17270, of Title 8 California Code of Regulations may be accessed from the Department of Industrial Relations web site at: www.dir.ca.gov (Book) - Page 19 Los Angeles Unified School District Labor Compliance Department

15 Section 1D – Definition of Terms Important Definitions Awarding Body: Any state or local government agency, department, board, commission, bureau, district, office, authority, political subdivision, regional district officer, employee, or agent awarding/letting a contract/purchase order for public works (Manual, pg. 20). Bid: Any proposal submitted to an awarding body in competitive bidding for the construction, alteration, demolition, repair, maintenance, or improvement of any structure, building, road, property, or other improvement of any kind (Manual, pg. 20). Date of Notice or Call for Bids: The date the first notice inviting bids was published in newspaper of general circulation or promulgated in a legally sufficient manner which results in a contract being awarded with or without competitive bidding. This may also be referred to as the Bid Advertisement Date (Manual, pg. 21). General Prevailing Rate of Per Diem Wages. Includes: 1. The prevailing basic straight-time hourly rate of pay; and 2. The prevailing rate for holiday and overtime work; and 3. The prevailing rate of employer payments for any or all programs or benefits for employees, their families and dependents, and retirees which are of the types enumerated below: (Manual, pg. 21-22). Predetermined Changes: Definite changes to the basic hourly wage rate, overtime, holiday pay rates, and employer payments which are known and enumerated in the applicable collective bargaining agreement at the time of the bid advertisement date and which are references in the general prevailing rate of per diem wages as defined in §16000 of these regulations. Contractors are obligated to pay up to the amount that was predetermined if these changes are modified prior to their effective date. Predetermined changes which are rescinded prior to their effective date shall not be enforced (Manual, pg. 24-25). (Book) - Page 20-27 Los Angeles Unified School District Labor Compliance Department

16 Section 1E General Conditions (Book) - Page 29 Los Angeles Unified School District Labor Compliance Department

17 Section 1E - General Conditions 6.53 Prevailing Wages: 6.53.1.1 CONTRACTOR will be responsible to comply with OWNER’s Labor Compliance Program (LCP) requirements, including, but not limited to, all applicable statues and regulations, OWNER’s LCP Manual, and OWNER’s Contract requirements. CONTRACTOR will be responsible for all failures by all Subcontractors to comply with OWNER’s LCP requirements. CONTRACTOR, consistent with California Public Contract Code 6109, is prohibited from performing a portion of work with a Subcontractor who is debarred pursuant to Sections 1777.1 or 1777.7 of the Labor Code. (Book) - Page 31-34 Los Angeles Unified School District Labor Compliance Department

18 Section 2 Prevailing Wages A. The Requirement to Pay Prevailing Wage Rates B. Utilizing the DIR Prevailing Wage Determination C. Example of Utilizing the Prevailing Wage Determination (Book) - Page 35 Los Angeles Unified School District Labor Compliance Department

19 Section 2A The Requirement to Pay Prevailing Wages Prevailing Wage Requirements DIR Establishes Prevailing Wage Rates Components of the Prevailing Wage Rate Fringe Benefit Contributions Payment of Overtime Payment of Shift Differential Proper Classification of Workers Owner Operators (Book) - Page 37 Los Angeles Unified School District Labor Compliance Department

20 Section 2A – The Requirement to Pay Prevailing Wages Prevailing Wage Requirements California Labor Code §1720, 1720.2, 1720.3, 1720.4, 1771, and 1774 make it a requirement to pay prevailing wages for all public works by prime and subcontractors. California Labor Code §1771.5 requires prevailing wages for all construction and installation contracts over $25,000 and all contracts over $15,000 when the project is for alteration, demolition, repair, maintenance, or warranty work. Department of Industrial Relations Establishes the Prevailing Wage Rate The DLSR publishes the General Prevailing Wage Determination (PWD) twice a year, on February 22 and August 22. The Prevailing Wage Determinations specifies the appropriate prevailing wage rate for particular construction trades and crafts. Components of the Prevailing Wage Rate The prevailing wage rate includes the basic hourly rate (including overtime, holiday, and shift differential rates) of pay plus employer paid contributions including: - Health and Welfare - Pension - Vacation - Travel and Subsistence - Training Fund (Book) - Page 39 Los Angeles Unified School District Labor Compliance Department

21 Section 2A – The Requirement to Pay Prevailing Wages Fringe Benefit Contributions Failure to make the required fringe benefit contributions in a timely manner to the appropriate Trust Funds is considered a violation of the following: - Payment of the general prevailing rate (Labor Code §1771 and 1774) - “Kickbacks” (Labor Code §1778) Payment of Overtime Pursuant to Labor Code §1815, the overtime prevailing wage rate applies to hours worked in excess of 8 hours in any one calendar day, and 40 hours in any one calendar week, (unless otherwise noted). Any work performed on Saturday, Sunday, and/or holidays shall be paid the correct overtime prevailing wage rate according to the Prevailing Wage Determination for that particular craft/trade. Payment of Shift Differentials In any event where the shift differential wage rate is included in the California Prevailing Wage Determination the shift differential rate must be included as part of the Prevailing Wage Rate. Currently, Operating Engineers, Plumbers and Electricians are subject to shift differential pay. (Book) - Page 40 Los Angeles Unified School District Labor Compliance Department

22 Section 2A – The Requirement to Pay Prevailing Wages Proper Classification of Workers The misclassification of workers is one of the most common violations that could result in the underpayment of the applicable prevailing wage rate. If you are unsure of the proper classification, feel free to contact us at (213) 241-4665 and we will assist you. (Book) - Page 41-42 Los Angeles Unified School District Labor Compliance Department

23 Section 2B Utilizing the DIR Prevailing Wage Determination Accessing the Prevailing Wage Determination Selecting the Correct Prevailing Wage Determination Obtaining Data From the Prevailing Wage Determination (Book) - Page 43 Los Angeles Unified School District Labor Compliance Department

24 Section 2A – Utilizing the DIR Prevailing Wage Determination Accessing the Prevailing Wage Determination Prevailing Wage Determinations for journeymen as well as apprentice schedules, shift differentials, important notices, and precedential decisions can be accessed at the DIR homepage: www.dir.ca.govwww.dir.ca.gov Selecting the Correct Prevailing Wage Determination The appropriate Prevailing Wage Determinations for use in the course of an audit is determined by the first of the two bid advertisement dates for the contract/project. Bid advertisement dates from February 22 to August 21 call for the “yyyy-1” determination, dates from August 22 to February 21 call for the “yyyy-2.” (Book) - Page 45-48 Los Angeles Unified School District Labor Compliance Department

25 Section 2C Example of Utilizing the Prevailing Wage Determination Department of Industrial Relations Website Sample LOS-2005-2 Prevailing Wage Determination  Prevailing Wage Determination  Footnotes  Shift Differential Sample Important Notice Sample Precedential Public Works Decision - (See Section 7) (Book) - Page 49 Los Angeles Unified School District Labor Compliance Department

26 Section 2C – Example of Utilizing the Prevailing Wage Determination The first step in utilizing the Prevailing Wage Determinations is to access the DIR website. Step 1: Start at the DIR website home page: www.dir.ca.gov Step 2: From the home page, scroll to the bottom of the page and select Statistics & Research to access the Division of Labor Statistics and Research page. (Book) - Page 52 Los Angeles Unified School District Labor Compliance Department Statistics and Research

27 Section 2C – Example of Utilizing the Prevailing Wage Determination Step 3: Division of Labor Statistics and Research page This example uses Superseded Prevailing Wage Determinations, please click link. (Double/Single Asterisk) (Book) - Page 53 Los Angeles Unified School District Labor Compliance Department Superseded Prevailing Wage Determinations Important notices Current Prevailing Wage Determinations Prevailing apprentice schedules Precedential public works decisions

28 Section 2C – Example of Utilizing the Prevailing Wage Determination Step 4: The page below lists all superseded General Prevailing Wage Determinations and General Prevailing Apprentice Schedules. This example uses 2005-2 General Prevailing Wage Determinations, please click on link. (Book) - Page 54 Los Angeles Unified School District Labor Compliance Department 2005-2 General Prevailing Wage Determinations

29 Section 2C – Example of Utilizing the Prevailing Wage Determination Step 5: From the General Prevailing Wage Determinations 2005-2 journeyman page, Prevailing Wage Determinations can be selected for: - the entire state - Southern California - Specific counties Shift differentials and important notices can also be accessed. In this example, Los Angeles County will be used. Select Los Angeles County under “Step four” of the site. (Book) - Page 55 Los Angeles Unified School District Labor Compliance Department Statewide determinations Shift differentials So. California determinations Specific county determinations Important notices

30 Section 2C – Example of Utilizing the Prevailing Wage Determination (Book) - Page 56 Los Angeles Unified School District Labor Compliance Department

31 Section 2C – Example of Utilizing the Prevailing Wage Determination (Book) - Page 57 Los Angeles Unified School District Labor Compliance Department

32 Section 2C – Example of Utilizing the Prevailing Wage Determination (Book) - Page 58 Los Angeles Unified School District Labor Compliance Department

33 Section 2C – Example of Utilizing the Prevailing Wage Determination (Book) - Page 59 Los Angeles Unified School District Labor Compliance Department

34 Section 2C – Example of Utilizing the Prevailing Wage Determination (Book) - Page 60-63 Los Angeles Unified School District Labor Compliance Department

35 Section 3 Employing Apprentices A. Apprentice Requirements B. Apprentice Verification C. Apprentice-to-Journeyman Ratio D. California Code of Regulations §230 E. Documents from the Division of Apprenticeship Standards (Book) - Page 65 Los Angeles Unified School District Labor Compliance Department

36 Section 3A Apprentice Requirements Employing Apprentices Notification of Contract Award DAS140 Form Request and Employ State-Registered Apprentices Prevailing Wage Rate for Apprentices Payment of Apprentice Training Contribution Training Fund Contribution Form (Book) - Page 67 Los Angeles Unified School District Labor Compliance Department

37 Section 3A – Apprentice Requirements Employing Apprentices Contractors are responsible to ensure all apprentices working on the project are registered with the State. Apprentices who are not registered with the State must be paid at journey level rate for the classification of work being performed. (Book) - Page 69 Los Angeles Unified School District Labor Compliance Department

38 Section 3A – Apprentice Requirements (Book) - Page 70 Los Angeles Unified School District Labor Compliance Department Notification of Contract Award Contractors are required to submit the DAS 140 Form to the applicable apprenticeship committee, per apprenticeable craft employed on the job. A copy of the DAS 140 Form must also be submitted to the LCD at the following address: Los Angeles Unified School District Labor Compliance Department 333 S. Beaudry Avenue, 19th Floor Los Angeles, CA 90017

39 Section 3A – Apprentice Requirements – (DAS 140 Form) (Book) - Page 71 Los Angeles Unified School District Labor Compliance Department

40 Section 3A – Apprentice Requirements (Book) - Page 72 Los Angeles Unified School District Labor Compliance Department Request and Employ State-Registered Apprentices Contractors must request the dispatch of apprentices from one of the applicable apprenticeship programs at least forty-eight (48) hours in advance before the date on which one or more apprentices are required. If, in response to a written request, no apprentices are dispatched within seventy-two (72) hours, contractors are not in violation of the requirement to employ apprentices for the remainder of the project.

41 Section 3A – Apprentice Requirements – (DAS 142 Form) (Book) - Page 73 Los Angeles Unified School District Labor Compliance Department

42 Section 3A – Apprentice Requirements (Book) - Page 74 Los Angeles Unified School District Labor Compliance Department Supervision of Apprentices Apprentices must at all times work with or under direct supervision of a journeyman. Apprentices without supervision of journeyman must be paid at journey level rate for the craft performed.

43 Section 3A – Apprentice Requirements (Book) - Page 74-75 Los Angeles Unified School District Labor Compliance Department Prevailing Wage Rate for Apprentices Registered apprentices under bona fide apprenticeship program, recognized by the State Division of Apprenticeship Standards (DAS), shall be paid apprentice wage rate. Apprentices who are not registered with the State shall be paid a journey level rate for the work being performed. Payment of Apprentice Training Contribution Contractors must contribute training funds to an apprenticeship committee approved by DAS or California Apprenticeship Council (CAC).

44 Section 3A – Apprentice Requirements (Book) - Page 77 Los Angeles Unified School District Labor Compliance Department

45 Section 3B Apprentice Verification Online Apprentice Registration Verification (Book) - Page 79 Los Angeles Unified School District Labor Compliance Department

46 Section 3B – Apprentice Verification (Book) - Page 81-82 Los Angeles Unified School District Labor Compliance Department It is the Contractor’s responsibility to ensure that all apprentices involved in the project are State-registered. DIR Website: http://www.dir.ca.gov http://www.dir.ca.gov Step 1: Select Apprenticeship. Apprenticeship

47 Section 3B – Apprentice Verification (Book) - Page 83 Los Angeles Unified School District Labor Compliance Department Step 2: Select Public Works. Public Works

48 Section 3B – Apprentice Verification (Book) - Page 84 Los Angeles Unified School District Labor Compliance Department Step 3: Select Apprenticeship status of an Individual. Apprenticeship Status of an Individual

49 Section 3B – Apprentice Verification (Book) - Page 85 Los Angeles Unified School District Labor Compliance Department Step 4: Enter the worker information as shown. Enter the: First four letters of the last name, first letter of the first name, and the last four digits of the social security number, then select Search

50 Section 3B – Apprentice Verification (Book) - Page 86 Los Angeles Unified School District Labor Compliance Department Step 5: Review the search results. John Doe DOEJ1234 The worker’s full name should appear, if the information you inputted is correct and the worker is registered with the State. Click Add to List.

51 Section 3B – Apprentice Verification (Book) - Page 87 Los Angeles Unified School District Labor Compliance Department Step 6: Verify more workers or generate certificate. When all workers have been entered, select Go to certification. To verify workers, repeat step 4 here. John DoeDOEJ1234

52 Section 3B – Apprentice Verification (Book) - Page 88 Los Angeles Unified School District Labor Compliance Department Step 7: Print the certificate for your records. John Doe DOEJ1234

53 Section 3C Apprentice-to-Journeyman Ratio Apprentice Ratio Requirements Apprentice Ratio and Supervision Notification to the Division of Apprenticeship Standards (Book) - Page 89 Los Angeles Unified School District Labor Compliance Department

54 Section 3C – Apprentice-to-Journeyman Ratio (Book) - Page 91 Los Angeles Unified School District Labor Compliance Department Apprentice Ratio Requirements Apprenticeship ratios are calculated at the end of the project, or at the end of the subcontractor’s portion of the project If apprentice-to-journeyman ratio has exceeded the maximum ratio, apprentices must be paid a journey level rate for the hours excess the ratio Ratio shall be no less than one (1) apprentice hour to each five (5) journeyman hours.

55 Section 3C – Apprentice-to-Journeyman Ratio (Book) - Page 92 Los Angeles Unified School District Labor Compliance Department Apprentice Ratio and Supervision Apprentices must be under supervision of a journeyman for the purposes of training and safety reasons. Contractor is in violation of the apprenticeship standards and agreement for not employing apprentices within the required ratios.

56 Section 3C – Apprentice-to-Journeyman Ratio (Book) - Page 93 Los Angeles Unified School District Labor Compliance Department Notification to the DAS To obtain the ratio of apprentice-to-journeyman for each trade/craft contact the DAS at: Division of Apprenticeship Standards 320 W. 4th Street, Suite 830455 Golden Gate Avenue, 8th Floor Los Angeles, CA 90013 San Francisco, CA 94102 (213) 576-7750(415) 703-4920 (213) 576-7758 fax(415) 703-5477 fax

57 Section 3E Documents From the Division of Apprenticeship Standards Online Resources (Book) - Page 99 Los Angeles Unified School District Labor Compliance Department

58 Section 3E – Documents From the Division of Apprenticeship Standards (Book) - Page 109 Los Angeles Unified School District Labor Compliance Department Division of Apprentice Standards Online Resources DAS Homepage: www.dir.ca.gov Obtain Forms DAS 140, CAC 2, DAS 10 and Contractor Requirements: www.dir.ca.gov/DAS/PublicWorksForms.htm C.A.C., Title 8 Regulations: www.dir.ca.gov/samples/search/querycac.htm Amendments to C.A.C., Title 8 Regulations: www.dir.ca.gov/DAS/CAC_Regs.html DAS Apprenticeship Information Guide: www.dir.ca.gov/databases/das/aigstart.asp

59 Los Angeles Unified School District Labor Compliance Department 15 min Break

60 Section 4 Certified Payroll Records A. Submission of Certified Payroll Records B. LAUSD Online Tools Registration and Usage C. The Online Certified Payroll Reporting System D. Common Mistakes in Online Certified Payroll Submission (Book) - Page 121 Los Angeles Unified School District Labor Compliance Department

61 Section 4A – Submission of Certified Payroll Records (Book) - Page 125 Los Angeles Unified School District Labor Compliance Department The Requirement to Submit Certified Payroll Records Contractor’s shall maintain Certified Payroll Records (CPRs) and basic records (time cards, cancelled checks, cash receipts, trust fund forms, etc.) during the course of the work and shall preserve them for a period of three (3) years thereafter. Contractors are required to submit electronic CPRs to the District on a weekly basis, for the duration of the project, using the Online Certified Payroll Reporting System. This includes “No work performed” CPRs and “Public works Payroll Summary Form and Notice to Public Entity” signed and delivered to the Labor Compliance Department. The prime contractor shall be responsible for the review and submission of CPRs of all its subcontractors.

62 Section 4A – Submission of Certified Payroll Records (Book) - Page 127-128 Los Angeles Unified School District Labor Compliance Department LAUSD Requirements for Online CPR Submission Submit CPRs within 10 working days of the work-week ending date. Submit one CPR per school, per contract, per week. Report all workers, including owners and superintendents, which were on-site. All contractors must submit CPRs from the start of the project until the time that they finish their work on the project. All contractors must submit a Statement of Non-Performance to certify that no work was performed by their company for any week of the project they are not working. All contractors must pay every worker by check or direct deposit (Indicate transaction number) on a weekly basis; this includes owners and superintendents doing trade work on-site.

63 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 132 Los Angeles Unified School District Labor Compliance Department Request for Access to LAUSD Online Tools

64 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 133 Los Angeles Unified School District Labor Compliance Department Request Addition of Missing Contract Information In the event that a contract or specific contract information does not appear in the Online Tools, contractors must submit a “Online Certified Payroll Reporting Database Add Form.” The form, as shown on the following page, must be completed with the following information: Contract Number Add? Y/N Make sure to use the LAUSD Contract Number Work Description Include School Name Prime and Subcontractor Project Start Date

65 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 134 Los Angeles Unified School District Labor Compliance Department

66 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 135 Los Angeles Unified School District Labor Compliance Department Contractor Step 1: Go to www.laschools.org and select the Contractor Tab www.laschools.org

67 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 136 Los Angeles Unified School District Labor Compliance Department Step 2: Enter email and password, if you do not have one, click on FSD Vendor Registration. Login using your registered e-mail and password FSD Vendor Registration

68 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 137 Los Angeles Unified School District Labor Compliance Department Step 3: Fill out form and submit. Submit

69 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 138 Los Angeles Unified School District Labor Compliance Department Step 4: All the modules will be listed to the left once successfully logged on. Click on Labor Compliance to be sent to the LCD site. Labor Compliance Online Certified Payroll Reporting System Logout Labor Compliance Pre-Bid Certification Module Contractor Invoice Access Manual For Online Tools Additional Contractor Reports

70 Section 4B – LAUSD Online Tools Registration and Usage (Book) - Page 139 Los Angeles Unified School District Labor Compliance Department At the Labor Compliance Website you may access our Online Tools, LCP Forms and Documents, as well as Upcoming Events. Upcoming Events Online Certified Payroll Reporting Instruction Manuals for LCP Online Tools

71 Section 4C – The Online Certified Payroll Reporting System (Book) - Page 143-145 Los Angeles Unified School District Labor Compliance Department System Description The Online Certified Payroll Reporting System is a web-based application that enables contractors to submit CPR’s on Los Angels Unified School District (LAUSD) contract work. Hard Copy Versus Online CPR Submission Any new contract requires online submission of CPR’s. Hands-on Training For the Online CPR System To register for hands-on training, please click on Register for Hands-On Training located under the Upcoming Events section of the LCD website, http://laschools.org/lcphttp://laschools.org/lcp The Online Certified Payroll Reporting System hands-on training consists of: Accessing the System Logins and Registrations Entering Employees & Owner-Operators Creating Certified Payroll Records Finalizing and Printing the Certified Payroll Records Sending the Correct Documents to the Labor Compliance Department Account Maintenance & Technical Assistance

72 Section 4D – Common Mistakes in Online Certified Payroll Submission (Book) - Page 149-150 Los Angeles Unified School District Labor Compliance Department Reporting Owner-Operators Owner-Operators are individuals that own and operate their own machines. Report Owner-Operators on the CPR’s of the company who hired them. Most Common Mistakes Not reporting work done for EACH school on a separate CPR. Not reporting each trade, shift, and/or wage rate separately for employees who work in different trades/shifts/wage rates on any one project. Submitting CPR’s under the wrong contract number Attempting to produce any Online CPR System document using a third-party publication software – submitting any non-LAUSD Online CPR is considered a failure to comply with contractual obligations. Not checking for any CPRs that are showing “Past Due” in the system and submitting the required hard copy to the LCD. For any concerns regarding the Online Certified Payroll Reporting System, please contact the technical support staff at (213) 241-4647.

73 Section 4D – Common Errors with Online CPR Submission (Book) - Page 151 Los Angeles Unified School District Labor Compliance Department Past Due Certified Payroll Report This is the Welcome screen. Employees: Contains the list of all employees. Allows the editing and addition of employees and owner-operators. Payroll: The starting point for creating Certified Payroll Records. Archive: Shows the history of all CPRs in the system Step 1: Click on Archive to view all “Past Due” CPRs. Click on “Archive”

74 Section 4D – Common Errors with Online CPR Submission (Book) - Page 152 Los Angeles Unified School District Labor Compliance Department The Archive Screen The Archive screen provides you with all CPRs that have been created (Finalized and Editable). If “Past Due” appears under the Hard Copy Received column, select the payroll number to access the Public Works Payroll Reporting Form. “Past Due” Select the Payroll Number

75 Section 4D – Common Errors with Online CPR Submission (Book) - Page 153 Los Angeles Unified School District Labor Compliance Department Print Options This screen is the finalized Certified Payroll Record. There are two options for printing: 1)For the Hard Copy of the CPR, click on “Printable Form.” 2)For the Notice to Public Entity Form, select “Notice to Public Entity Form.” Notice to Public Entity Form Printable Form

76 Section 4D – Common Errors with Online CPR Submission (Book) - Page 154 Los Angeles Unified School District Labor Compliance Department Printing the Hard Copy Step 1: Click Printable Form Make sure to use 8.5 X 14 paper. Select File in the new window’s menu bar and choose Page Setup. Set the Orientation to Landscape and adjust the left/right margins to 0.15 inches, or as far over as your printer will allow, than Submit. Select File in the browser's menu bar then Print. File

77 Section 4D – Common Errors with Online CPR Submission (Book) - Page 155 Los Angeles Unified School District Labor Compliance Department Printing the Notice to Public Entity Form Step 1: Click Notice to Public Entity Form button Enter the name of the person who is responsible for the submission of the CPR. Select OK to accept or Cancel to re-enter. Use standard/normal paper and select Page Setup under File and choose Landscape for Paper Orientation also moving the left/right margins as far as possible. Select Submit. Select Print to print the Notice to Public Entity Form. Complete the contact information, sign the form, and check the appropriate box at the bottom of the form.

78 Section 4D – Common Errors with Online CPR Submission (Book) - Page 156 Los Angeles Unified School District Labor Compliance Department Hard Copy Received After you print the Notice to Public Entity Form, please mail it to our office at the following address: Labor Compliance Department 333 South Beaudry Ave, 19 th Floor Los Angeles, CA 90017 When the Labor Compliance Department receives your Notice to Public Entity Form, a date will be entered in the Hard Copy Received column. Hard Copy Received Date

79 Section 4D – Common Errors with Online CPR Submission (Book) - Page 157 Los Angeles Unified School District Labor Compliance Department Technical Assistance All the screens in the system have a Contact Us button at the bottom left corner. Click on it to display the Contact Information screen. Unfinalization requests or name change requests must be sent via fax to (213) 241- 8356. The technical support staff can be contacted at (213) 241-4647. Contact Us

80 Section 5 Audit and Case Process A. Assessment of Penalties B. Withholding and Appeal Process C. Submitting a Case to the State D. Conducting Pre-Bid and Job Start Meetings E. On-Site Interviews and Observations (Book) - Page 159 Los Angeles Unified School District Labor Compliance Department

81 Section 5A Assessing Penalties Labor Code §1775 Labor Code §1813 Labor Code §1776(g) Labor Code §1777.7 (Book) - Page 161 Los Angeles Unified School District Labor Compliance Department

82 Section 5A – Assessment of Penalties (Book) - Page 163 Los Angeles Unified School District Labor Compliance Department Labor Code §1775 Failure to pay the prevailing wage rate is up to fifty dollars ($50) per worker, per calendar day or portion thereof (LCP Manual, July 2005, Section VI (C)(2)(a), page 24). Labor Code §1813 Failure to pay the overtime prevailing wage rate is twenty-five dollars ($25) per worker, per calendar day (LCP Manual, July 2005, Section VI (C)(2)(b), page 24). Labor Code §1776(g) Failure to submit Certified Payroll Records to the District on a weekly basis is twenty-five dollars ($25) per worker, per calendar day until strict compliance with Los Angeles Unified School District’s contract requirements is effectuated. Labor Code §1777.7 A contractor or subcontractor that knowingly violates Labor Code §1775.5 and/or apprentice regulations, including failure to submit the Division of Apprenticeship Standards Form (DAS 140 Form) within ten (10) days of the date of the execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the project, is one hundred dollars ($100) for each full calendar day of noncompliance. A contractor or subcontractor that knowingly commits a second or subsequent violation of Labor Code §1777.5 within a three-year period, where the noncompliance results in apprenticeship training not being provided as required by the Labor Code, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance, as per Labor Code §1777.7 (LCP Manual, July 2005, Section VI (C)(2)(c), page 25).

83 Section 5B Withholding and Appeal Process Notification to Contractor of Audit Contractor’s Obligation to Submit Documentation Pre-Withhold Meeting with Contractor Contractor Accepts / Rejects Final Audit Findings (Book) - Page 165 Los Angeles Unified School District Labor Compliance Department

84 Section 5B – Withholding and Appeal Process (Book) - Page 167 Los Angeles Unified School District Labor Compliance Department Notification to Contractor of Audit When an audit has been initiated, the Contractor or Subcontractor shall be notified, via certified mail, that an audit has been initiated. Contractor’s Obligation to Submit Documentation The affected Contractor(s) will be notified, via certified mail, of the basic records, such as check stubs, cancelled checks, time cards, proof of fringe benefit contributions, etc., that they are required to submit for the audit. There’s a violation

85 Section 5B – Withholding and Appeal Process (Book) - Page 168 Los Angeles Unified School District Labor Compliance Department Pre-Withhold Meeting with Contractor After the initial audit has been completed, if the LCD has evidence of potential Labor Compliance Program violations, the affected Contractor(s) is notified, via certified mail, of the date that an pre-withhold meeting will be conducted. The purpose of the pre-withhold meeting is to: Review and discuss the initial audit results with the Contractor(s) (LCP Manual, July 2005, Section VI (E)(1)(d), page 28). Inform the Contractor(s) of his/her due process rights (LCP Manual, July 2005, Section VI (E)(1)(e), page 28). Schedule a due date (10 days) for any mitigating evidence to be submitted by the Contractor(s). Contractor Accepts / Rejects Final Audit Findings After review and consideration of any mitigating evidence submitted by the Contractor, the audit findings will be finalized (LCP Manual, July 2005, Section VI (E)(1-5), page 28-31). A letter is sent to the Contractor with directions on how to make the payments along with the finalized audit. In the event that a settlement cannot be reached between Los Angeles Unified School District and the contractor(s), the case is then forwarded to the State Labor Commissioner for approval of the “Request for Approval of Forfeitures and Penalties”.

86 Section 5C Submitting a Case to the State Request for Formal Withhold Notice of Withholding of Contract Payments Contractor’s Right to Settlement Meeting Contractor’s Request for Formal hearing Liquated Damages Contractor’s Right to Review Evidence Announcement of the State’s Decision Contractor’s Right to Appeal (Book) - Page 169 Los Angeles Unified School District Labor Compliance Department

87 Section 5C – Withholding and Appeal Process (Book) - Page 171-172 Los Angeles Unified School District Labor Compliance Department Request for Formal Withhold The LCD must submit, in writing, a Request for Approval of Forfeitures and Penalties to the State Labor Commissioner. Notice of Withholding of Contract Payments Upon receipt of approval, the LCD will place a Notice of Withholding of Contract Payments against the affected contract(s). Contractor’s Right to Settlement Meeting The affected Contractor(s) is given thirty (30) days, from being served with the Notice of Withholding of Contract Payments, to request a Settlement Meeting with the LCD Contractor’s Request for a Formal Hearing The affected Contractor(s) has sixty (60) days from being served with the Notice of Withholding of Contract Payments, to request a hearing.

88 Section 5C – Withholding and Appeal Process (Book) - Page 172-173 Los Angeles Unified School District Labor Compliance Department Liquidated Damages After sixty (60) days following the service of the Notice of Withholding of Contract Payments, the affected Contractor(s) and the bonding company shall be liable for liquidated damages equal to the amount of back wages owed. Contractor’s Right to Review Evidence The affected Contractor(s) has the right to review the evidence compiled by the LCD that can be used at the hearing. Announcement of the State’s Decision The State’s decision will be announced within forty-five (45) days of the conclusion of the hearing. Contractor’s Right to Appeal Affected Contractors may appeal the decision to the Director by filling a petition for a writ of mandate to the appropriate Superior Court within forty-five (45) days after the decision.

89 Section 5D Conducting Pre-Bid and Job Start Meetings Pre-Bid Meeting Job Start Meeting (Book) - Page 175 Los Angeles Unified School District Labor Compliance Department

90 Section 5D – Conducting Pre-Bid and Job Start Meetings (Book) - Page 177 Los Angeles Unified School District Labor Compliance Department The Owner Authorized Representatives schedule Pre-Bid and Job Start meetings to inform Contractors/Subcontractors of the project, contractual, and labor law requirements. Pre-Bid Meeting During the Pre-Bid meeting, an LCD representative reviews the requirements set forth in the Labor Compliance Department Checklist and answers any questions. Job Start Meeting Job Start meetings are conducted to give the successful bidder a more detailed explanation of the labor Code and contractual requirements. The contractor and subcontractor(s) are required to attend the Job Start Meeting.

91 Section 5E On-Site Interviews and Observations Protocol Labor Compliance Interview Form Observation Form (Book) - Page 179 Los Angeles Unified School District Labor Compliance Department

92 Section 5E – On-Site Interviews and Observations (Book) - Page 181 Los Angeles Unified School District Labor Compliance Department Protocol The Contractor will permit the LAUSD Labor Compliance Department to interview trades workers during working hours on the project site. The Labor Compliance Interview Form and Observation Form, shown on the following two (2) pages, will be checked against the Contractor’s Certified Payroll Records.

93 Section 5E – On-Site Interviews and Observations – (Interview Form) (Book) - Page 182 Los Angeles Unified School District Labor Compliance Department

94 Section 5E – On-Site Interviews and Observations – (Observation Form) (Book) - Page 183 Los Angeles Unified School District Labor Compliance Department

95 Section 6 Online Tools A. Online Tools Introduction B. Contractor Invoice Access Module C. Labor Compliance Pending Case Module D. Pre-Bid Certification Module E. Future Upgrade (Book) - Page 185 Los Angeles Unified School District Labor Compliance Department

96 Section 6A Online Tools Introduction (Book) - Page 187 Los Angeles Unified School District Labor Compliance Department

97 Section 6A – Online Tools Introduction (Book) - Page 189 Los Angeles Unified School District Labor Compliance Department The Labor Compliance Department’s online tools consist of the following modules: Contractor Invoice Access Module: This application will allow Contractors to check the status of invoices online. Labor Compliance Pending Case Module: This application will give Contractors the ability to view pending LCD cases against their company, as well as against their Subcontractors. Pre-Bid Certification Module: This application will allow Contractors to check Prevailing Wage Determinations by year and determination period, as well as certify that they acknowledge the Prevailing Wage Determinations of applicable trades on any given project.

98 Section 6B Contractor Invoice Access Module Module Description Viewing Invoice History (Book) - Page 191 Los Angeles Unified School District Labor Compliance Department

99 Section 6B – Contractor Invoice Access Module (Book) - Page 193 Los Angeles Unified School District Labor Compliance Department The Contractor Invoice Access Module allows Contractors to check the status of their invoices online. Step 1: Go to http://www.laschools.org/contractor and sign in.http://www.laschools.org/contractor Click on Contractor Invoice Access Select Contract Display invoices from contract

100 Section 6B – Contractor Invoice Access Module (Book) - Page 194 Los Angeles Unified School District Labor Compliance Department Viewing Invoice History Contractors can view information containing the Invoice Date, Vendor Name, Contract Number, Invoice Amount, County Release Date, Anticipated Delivery Date, Status, and Total Invoiced Amount. To view information applicable to each invoice number specifically, select the invoice number. Invoices for another contract can be viewed by choosing a different contract number from the drop-down menu and selecting Display Invoices. XZZY Xzzy View individual invoices Display invoices from another contract XZ

101 Section 6B – Contractor Invoice Access Module (Book) - Page 195 Los Angeles Unified School District Labor Compliance Department Viewing Invoice History (Cont.) After selecting the invoice number, Contractors can view information specific to that invoice. As shown below, various elements of the invoice can be viewed, as well as payment information, if applicable. When finished, select Return to Invoices to return to the list of invoices for the contract or Invoice History to return to the main Invoice Access page. Return to Invoices View specific information XZ

102 Section 6C Labor Compliance Pending Case Module Module Description Viewing Pending Cases (Book) - Page 197 Los Angeles Unified School District Labor Compliance Department

103 Section 6C – Labor Compliance Pending Case Module (Book) - Page 199-201 Los Angeles Unified School District Labor Compliance Department The Labor Compliance Pending Case Module allows Contractors to check the status of their pending cases with the Labor Compliance Department. Contractors will have the ability to view the following on a per contract basis: Type of violations Potential back wages owed Possible penalty assessments Withholds that have been placed against the contract Vendor In Question Contract Number Case Number Select “Case Number” to see case Step 1: Go to http://www.laschools.org/contractor and log in, than click on Additional Contractor Reports under Online Tools. http://www.laschools.org/contractor Step 2: Click on Pending Case Lookup. XZ X

104 Section 6C – Labor Compliance Pending Case Module (Book) - Page 202 Los Angeles Unified School District Labor Compliance Department View Pending Cases The Amounts that can potentially be Assessed are shown at the bottom of the table. To return to the list of all pending cases, select All Pending. To go back to the LCPCM main page, select Withholds. XXXXX Withholds All Pending

105 Section 6D Pre-Bid Certification Module Module Description Pre-Bid Certification Verifying Pre-Bid Certified Contractors Prevailing Wage Determinations Questions (Book) - Page 203 Los Angeles Unified School District Labor Compliance Department

106 Section 6D – Pre-Bid Certification Module (Book) - Page 205 Los Angeles Unified School District Labor Compliance Department Step 1: Go to http://www.laschools.org/contractor and log in, than click on Pre-Bid Certification Module under Online Tools. http://www.laschools.org/contractor To become certified on the Prevailing Wage Determination of the applicable trades on a given project, select Certification. To verify which Contractors have certified themselves, select Certification Status. To browse through the Prevailing Wage Determination applicable to LAUSD contracts, select Crafts & Classifications. Select Home to return to the main menu or laschools.org to return to the LAUSD Facilities Services Division. Certification Certification Status Crafts & Classifications Home laschools.org 241-4647

107 Section 6D – Pre-Bid Certification Module (Book) - Page 206 Los Angeles Unified School District Labor Compliance Department To begin the certification process, the Pre-Bid module will prompt for a bid number of a project and the trades that are used by your company. Next the Pre-Bid Module will create a list showing the applicable Prevailing Wage Determinations for the trades selected, on the bid number entered. To certify that you fully understand and know the Prevailing wage Determinations of all the trades selected, check (√) the box, enter your email address and password. Once the certification is completed, a confirmation screen will be displayed. 241-4647

108 Section 6D – Pre-Bid Certification Module (Book) - Page 207 Los Angeles Unified School District Labor Compliance Department Verifying Pre-Bid Certified Contractors The Certification Status section of the Pre-Bid Module provides a complete list of all the certified contractors with the trades they are certified for a particular project.

109 Section 6D – Pre-Bid Certification Module (Book) - Page 208 Los Angeles Unified School District Labor Compliance Department In the Crafts & Classification section of the Pre-Bid Module, all the Prevailing Wage Determinations for every trade classification that are applicable to LAUSD projects are available for viewing.

110 Section 6D – Pre-Bid Certification Module (Book) - Page 209 Los Angeles Unified School District Labor Compliance Department Questions For Step by Step instructions, you may download the manual from our website under the Instruction Manuals for LCD Online Tools section at the following address: http://www.laschools.org/contractor/lc http://www.laschools.org/contractor/lc If you have any questions about the Pre-Bid Certification Module, please contact Technical support at (213) 241-4647 or via email at lcp@lausd.net. Home

111 Section 6E Future Upgrades Automated Audit Application Digital Signatures OCIP Report Application Upload Protocol Enhancement CPR System Enhancement (Book) - Page 211 Los Angeles Unified School District Labor Compliance Department

112 Section 6E – Online Tools Introduction (Book) - Page 213 Los Angeles Unified School District Labor Compliance Department The LCD’s future upgrade of the online tools consists of the following: Automated Audit Application Will assist Contractors by verifying and checking the following: Prevailing wages & fringe benefits Apprentice-to-journeyman ratio Shift differentials for all trades Digital Signatures Allows Contractors to digitally sign documents and forms Certified Payroll Reports Requests to Un-finalize Letter of Assent DAS 140 Form Job Start Checklists OCIP Report Application Contractors can report their worker insurance information with their Certified Payroll Reports to prevent double entries. Upload Protocol Enhancement A main page to centralize the upload process. New design for a easier workflow. CPR System Enhancement A Note Box on the payroll for comments New payroll design for more organization


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