PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720. - 1964.]
Part 7 enacted by Stats. 1937, Ch. 90.
§§ 1720–1964 · 84 sections
CHAPTER 1. Public Works §§ 1720–1861 · 77 sections
ARTICLE 1. Scope and Operation §§ 1720–1743 · 29 sections
- § 1720 (a) As used in this chapter, “public works” means all of the following: (1) Construction, alteration, demolition, installation, or repair work done under…
- § 1720.2 For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction work done under private…
- § 1720.3 (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State…
- § 1720.4 This chapter shall not apply to any of the following work: (a) Any work performed by a volunteer. For purposes of this section, “volunteer” means an individual…
- § 1720.6 For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public work” also means any construction, alteration, demolition,…
- § 1720.7 For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition,…
- § 1720.8 For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition,…
- § 1720.9 (a) For the limited purposes of Article 2 (commencing with Section 1770), “public works” also means the hauling and delivery of ready-mixed concrete to carry…
- § 1721 “Political subdivision” includes any county, city, district, public housing authority, or public agency of the state, and assessment or improvement districts.
- § 1722 “Awarding body” or “body awarding the contract” means department, board, authority, officer or agent awarding a contract for public work.
- § 1722.1 For the purposes of this chapter, “contractor” and “subcontractor” include a contractor, subcontractor, licensee, officer, agent, or representative thereof,…
- § 1723 “Worker” includes laborer, worker, or mechanic.
- § 1724 “Locality in which public work is performed” means the county in which the public work is done in cases in which the contract is awarded by the State, and…
- § 1725.5 A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104…
- § 1725.6 A contractor shall be registered pursuant to this section to be qualified to be awarded contracts for, or engage in the performance of, any work on projects or…
- § 1726 (a) The body awarding the contract for public work shall take cognizance of violations of this chapter committed in the course of the execution of the…
- § 1727 (a) Before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts…
- § 1728 In cases of contracts with assessment or improvement districts where full payment is made in the form of a single warrant, or other evidence of full payment,…
- § 1729 It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding…
- § 1730 The Director of Industrial Relations shall post a list of every California code section and the language of those sections that relate to the prevailing rate…
- § 1734 Any court collecting any fines or penalties under the criminal provisions of this chapter or any of the labor laws pertaining to public works shall as soon as…
- § 1735 A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government…
- § 1736 During any investigation conducted under this part, the Division of Labor Standards Enforcement shall keep confidential the name of any employee who reports a…
- § 1740 Notwithstanding any other provision of this chapter or any other law of this State, except limitations imposed by the Constitution, the legislative body of a…
- § 1741 (a) If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter, the Labor Commissioner…
- § 1741.1 (a) The period for service of assessments shall be tolled for the period of time required by the Director of Industrial Relations to determine whether a…
- § 1742 (a) An affected contractor or subcontractor may obtain review of a civil wage and penalty assessment under this chapter by transmitting a written request to…
- § 1742.1 (a) After 60 days following the service of a civil wage and penalty assessment under Section 1741 or a notice of withholding under subdivision (a) of Section…
- § 1743 (a) The contractor and subcontractor shall be jointly and severally liable for all amounts due pursuant to a final order under this chapter or a judgment…
ARTICLE 1.5. Right of Action § 1750 · 1 section
- § 1750 (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has,…
ARTICLE 2. Wages §§ 1770–1785 · 39 sections
- § 1770 The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth…
- § 1771 Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar…
- § 1771.1 (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public…
- § 1771.15 (a) A contractor or subcontractor shall not be qualified to be awarded contracts for, or engage in the performance of, any work on projects or developments…
- § 1771.2 (a) A joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) may bring an action…
- § 1771.3 (a) The State Public Works Enforcement Fund is hereby created as a special fund in the State Treasury to be available upon appropriation of the Legislature.…
- § 1771.4 (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter: (1) The call for bids and…
- § 1771.5 (a) Notwithstanding Section 1771, an awarding body may choose not to require the payment of the general prevailing rate of per diem wages or the general…
- § 1771.6 (a) Any awarding body that enforces this chapter in accordance with Section 1726 or 1771.5 shall provide notice of the withholding of contract payments to the…
- § 1771.7 (a) (1) For contracts specified in subdivision (f), an awarding body that chooses to use funds derived from either the Kindergarten-University Public Education…
- § 1771.8 (a) For the purposes of this section, the following terms have the following meanings: (1) A “private labor compliance entity” is defined as a third-party…
- § 1772 Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work.
- § 1773 The body awarding any contract for public work, or otherwise undertaking any public work, shall obtain the general prevailing rate of per diem wages and the…
- § 1773.1 (a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: (1)…
- § 1773.2 The body awarding any contract for public work, or otherwise undertaking any public work, shall specify in the call for bids for the contract, and in the bid…
- § 1773.3 (a) (1) An awarding body shall provide notice to the Department of Industrial Relations of any public works contract subject to the requirements of this…
- § 1773.35 (a) (1) A development proponent shall provide notice to the Department of Industrial Relations of any contract to perform work subject to the requirements of…
- § 1773.4 Any prospective bidder or his representative, any representative of any craft, classification or type of workman involved, or the awarding body may, within 20…
- § 1773.5 (a) The Director of Industrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including, but not limited to, the…
- § 1773.6 If during any quarterly period the Director of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in…
- § 1773.7 The provisions of Section 11250 of the Government Code shall not be applicable to Sections 1773, 1773.4, and 1773.6.
- § 1773.8 An increased employer payment contribution that results in a lower taxable wage shall not be considered a violation of the applicable prevailing wage…
- § 1773.9 (a) The Director of Industrial Relations shall use the methodology set forth in subdivision (b) to determine the general prevailing rate of per diem wages in…
- § 1773.11 (a) Notwithstanding any other provision of law and except as otherwise provided by this section, if the state or a political subdivision thereof agrees by…
- § 1774 The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen…
- § 1775 (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is…
- § 1776 (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight…
- § 1777 Any officer, agent, or representative of the State or of any political subdivision who wilfully violates any provision of this article, and any contractor, or…
- § 1777.1 (a) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of…
- § 1777.5 (a) (1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved…
- § 1777.6 An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in…
- § 1777.7 (a) (1) If the Labor Commissioner or his or her designee determines after an investigation that a contractor or subcontractor knowingly violated Section…
- § 1778 Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent…
- § 1779 Any person or agent or officer thereof who charges, collects, or attempts to charge or collect, directly or indirectly, a fee or valuable consideration for…
- § 1780 Any person acting on behalf of the State or any political subdivision, or any contractor or subcontractor or agent or representative thereof, doing any public…
- § 1781 (a) (1) Notwithstanding any other provision of law, a contractor may, subject to paragraphs (2) and (3), bring an action in a court of competent jurisdiction…
- § 1782 (a) A charter city shall not receive or use state funding or financial assistance for a construction project if the city has a charter provision or ordinance…
- § 1784 (a) Notwithstanding any other law, a contractor may bring an action in a court of competent jurisdiction to recover from the hiring party that the contractor…
- § 1785 (a) The director shall establish and maintain a strategic enforcement unit focused on construction, alteration, and repair projects. The unit shall enhance the…
ARTICLE 3. Working Hours §§ 1810–1815 · 6 sections
- § 1810 Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction,…
- § 1811 The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one…
- § 1812 Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each…
- § 1813 The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five…
- § 1814 Any officer, agent, or representative of the State or any political subdivision who violates any provision of this article and any contractor or subcontractor…
- § 1815 Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the…
ARTICLE 5. Securing Workers’ Compensation §§ 1860–1861 · 2 sections
- § 1860 The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700, every…
- § 1861 Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work…
CHAPTER 2. Public Agencies §§ 1900–1901 · 2 sections
ARTICLE 1. Municipal Employees §§ 1900–1901 · 2 sections
- § 1900 Every employee of a city whose hours of labor exceed 120 in a week is entitled to be off duty at least three hours during every twenty-four hours for the…
- § 1901 Any officer or agent of a city having supervision and control of employees covered by this article who violates any provision hereof is guilty of a misdemeanor.
CHAPTER 4. Firefighters §§ 1960–1964 · 5 sections
- § 1960 Neither the State nor any county, political subdivision, incorporated city, town, nor any other municipal corporation shall prohibit, deny or obstruct the…
- § 1961 As used in this chapter, the term “employees” means the employees of the fire departments and fire services of the State, counties, cities, cities and…
- § 1962 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to present grievances and recommendations regarding wages,…
- § 1963 The enactment of this chapter shall not be construed as making the provisions of Section 923 of this code applicable to public employees.
- § 1964 (a) The governing body of any regularly organized volunteer fire department may, but shall not be required to, adopt regulations governing the removal of…