LAW OFFICE OF SIMA SALEK VENTURA BOULEVARD, SUITE 774 LOS ANGELES, CALIFORNIA (310) FAX (310)

Transcription

1 PUBLIC WORKS 1. Construction, alteration, demolition, installation or repair work done under contract and paid for in whole or in part out of public funds Labor Code, 1720(a)(1) Work performed during the design and preconstruction phases of construction, including inspection and land surveying Work done directly by any public utility company pursuant to order of Public Utility Commission or other public authority Assembly and disassembly of freestanding and affixed modular office systems (eff. 01/01/2013) Work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite (eff. 01/01/2015) Hauling and delivery of readymixed concrete (eff. 07/01/2016) 2. Work for irrigation, utility, reclamation and improvement districts Labor Code, 1720(a)(2) Operation of irrigation or drainage system of any irrigation or reclamation district, except as to retaining wages 3. Street, sewer, or other improvement work under direction, supervision or authority of public body of the state, political or district Labor Code, 1720(a)(3) 4. Laying carpet under building leasemaintenance contract or in a public building and paid for in whole or in part out of public funds Labor Code, 1720(a)(4) & (5) 5. Public transportation demonstration projects authorized by Streets & Highways Code, 143 Labor Code, 1720(a)(6) 6. Tree removal work done in the execution of a public works project Labor Code, 1720(a)(8) San Francisco 275 Battery St., Suite 1150 San Francisco, CA Tel Long Beach 115 Pine Avenue, Suite 500 Long Beach, CA Tel San Diego 750 B. St., Suite 2310 San Diego, CA Tel

2 PUBLIC WORKS 7. Construction under private contract, where (1) construction contract between private persons; (2) property privately owned but > 50% of assignable sq ft is leased to state or political upon completion, and (3) either lease entered prior to construction contract or during or upon completion if construction is performed pursuant to plans/specifications/criteria furnished by state or political Labor Code, Hauling refuse from a public works site to outside disposal location for contract involving state agency, including CSU, UC or political Labor Code Soil, sand, gravel, rocks, concrete, asphalt, excavation materials and construction debris Recyclable materials separated at jobsite before transportation and sold at fair market value to bona fide purchaser 9. Construction, alteration, demolition, installation or repair work done under private contract when (1) work is in connection with construction or maintenance of renewable energy efficiency improvements; (2) work performed on property of state or political ; and (3) either > 50% of general energy is or will be purchased by state or political or energy efficiency improvements primarily intended to reduce energy costs otherwise incurred by state or political Labor Code, Page 2 of 6

3 PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS 1. Payment directly to or on behalf of contractor, subcontractor or developer Labor Code, 1720(b)(1) 2. Performance of construction work in execution of project Labor Code, 1720(b)(2) 3. Transfer of asset for less than fair market price Labor Code, 1720(b)(3) 4. Reduce, waive, forgive, or charge less than fair market value for fees, costs, rents, insurance or bond premiums, loans, interest rates, or other normally required obligations in execution of contract Labor Code, 1720(b)(4) 5. Loan money that is to be repaid on a contingency basis Labor Code, 1720(b)(5) 6. Apply credits against repayment obligations to state or political Labor Code, 1720(b)(6) 7. Construction or rehab of affordable housing for low- to moderate-income persons paid for solely by Low and Moderate Income Housing Funds or combination of private funds and funds pursuant to Health and Safety Code, or Labor Code, 1720(c)(4) 8. Tax credits Labor Code, 1720(c)(5) 9. Public funding by belowmarket interest rate loans to privately owned project if at least 40% of units restricted for at least 20 years to be occupied by individuals or families earning less than 80% of the area median income Labor Code, 1720(c)(6)(E) Page 3 of 6

4 Page 4 of 6

5 NOT SUBJECT TO REQUIREMENTS 1. Private residential projects built on private property Labor Code, 1720(c)(1) Unless built pursuant to agreement with state agency, redevelopment agency or local public housing authority 2. If (1) state or political requires a private developer to perform construction, alteration, demolition, installation or repair on public work of improvement as condition of regulatory approval of otherwise private project, (2) state only contributes enough money to perform this public improvement work, and (3) state maintains no proprietary interest in overall project, then only public improvement work is subject to prevailing wage Labor Code, 1720(c)(2) Only public improvement work portion of the otherwise private project is subject to prevailing wage 3. If state or political reimburses private developer for costs that would normally be borne by public or provides a public subsidy that is de minimis in context of project Labor Code, 1720(c)(3) 4. Construction or rehab of privately owned, self-help housing project where homebuyers perform at least 500 hours of construction Labor Code, 1720(c)(6)(A) 5. Rehab or expansion of privately owned facility operated on a not-forprofit basis as temporary or transitional housing for homeless with a total project cost of < $25,000 Labor Code, 1720(c)(6)(B) 6. Privately owned residential project where assistance is provided to household as mortgage assistance, downpayment assistance or rehab of single-family home Labor Code 1720(c)(6)(C) Page 5 of 6

6 NOT SUBJECT TO REQUIREMENTS 7. New construction, expansion or rehab of facility developed by nonprofit organization to be operated on not-for-profit basis to provide emergency or transitional shelter and ancillary serves to homeless if 50% of total project costs from nonpublic sources Labor Code, 1720(c)(6)(D) 8. Work performed by volunteers, a volunteer coordinator or CA Conservation Corps Labor Code, (sunsets on 01/01/2017) 9. Public works projects of $1,000 or less or, if CMU or labor compliance program is enforced for every public works project of the awarding body, public works project of $25,000 or less for construction work or $15,000 or less for alteration, demolition, repair or maintenance work Labor Code, 1771, & Note: This reference guide paraphrases selected statutes and is not an exact quote of the statutes. This reference guide is not meant to be a substitute for or to provide legal advice. Please consult with legal counsel with questions. SF v1 Page 6 of 6