Per directions from the California Department of Industrial Relations all owners must be paid the required wage rates for each contract.

The contractor hiring the owner operator must complete an owner operator listing report indicating the amount being paid per hour to the owner operator if that person is actually operating equipment, not a owner of a company doing laborer, carpenter, electrical, etc type work. The statement of compliance must be completed by the contractor hiring that owner operator.

OR

The owner operator can complete a regular certified payroll indicating the days and hours worked and the correct required wage rate for the work being performed, the report must be completed including total gross earned, with all applicable deductions, net paid and check number. The completed Statement of Compliance must be attached to the payroll report.

The DIR has stated that no workers performing work on a public works contract are exempt from payment of the required wage rate regardless of their status within a company.

For Truck Owner-Operators:

The operator should be the registered owner of the vehicle. The name of the driver should match the name of the registered owner on the Department of Motor Vehicles' registration. If the legal owner is a firm or corporation, and the firm or corporate name is shown on the vehicle registration slip, request that the driver furnish evidence that they are leasing or purchasing the vehicle. It is common for the name of the finance or leasing company to be listed on the registration. If the owner operator is leasing or financing the vehicle, then the operator should be able to furnish such evidence. If the owner operator is unable to substantiate purchase or lease of the equipment, the resident engineer should disallow use of the owner-operator classification for this truck and contact the labor compliance officer.

Review of Owner-Operator Listing

Contractors are required to list all owner-operators used on covered work and certify owner-operator status by providing at least the following information:

• Operator name as shown on all payrolls.
  
• Business address of the owner-operator.
  
• The owner-operator's social security number.
  
• The tractor license number. If the equipment is used off highway, the contractor must provide a complete description of the equipment and include the dates that equipment was operated on the project.
  
• Operator labor classification
  
• Hours worked by the owner-operator as reported on a daily basis.
  
• Hourly rental rate paid for the owner-operated equipment
  
• Gross estimate or actual payments earned.