Current State Law require an awarding body that chooses to use funds derived from the Kindergarten-University Public Education Facilities Bond Act of 2002 or 2004, and/or financed in any part with funds made available by the Water Security, Clean Drinking Water, Coastal and beach Protection Act of 2002 for a public works project, shall initiate and enforce, or contract with a 3rd party to initiate and enforce a labor compliance program, as described in subdivision (b) of Section 1771.5, with respect to that public works project.


Existing Federal Laws state: the contracting agency and it's representatives are immediately responsible for the enforcement of federal labor standards requirement on Federal-Aid projects (FHWA, FTA, CDBG, STA, FAA, HUD, etc.) This includes the Davis-Bacon Act (DBA), requiring the payment of prevailing wage. (stated in relevant part)

Regarding "PARTNERS" performing work on Public Works Projects: Memorandum of Decision (Doc #132667) On November 17, 1997, after oral argument, the parties submitted defendants' Motion for Judgment on the Pleadings. Labor Code Sections 1771 and 1774 are applicable to "ALL" workers, and those sections are not limited to "employees". The sections apply to Partners who are performing the work. Therefore, Plaintiff's compliant fails to state a cause of action, as there is no justifiable issue.


Labor Code § 223.  Secret payment of wage lower than designated scale
Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract.

Labor Code § 224.  Withholding or diverting portion of wages under law or written authorization
The provisions of Sections 221, 222 and 223 shall in no way make it unlawful for an employer to withhold or divert any portion of an employee's wages when the employer is required or empowered so to do by state or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues, or other deductions not amounting to a rebate ...
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Labor Code § 1696.5. Itemized statement of deductions from wages; Time when provided to employees; How provided
(Stated in relevant part) ...furnish each of the workers employed by him either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately, an itemized statement in writing showing in detail each and every deduction made from such wages.

Labor Code § 1743.  Joint and several liability
(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 thereon. The Labor Commissioner shall first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor.
(b) From the amount collected, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers.

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