In order that the proper Fringe Benefit rates can be verified when checking payrolls on the below contract, the hourly rates for fringe benefits, payment made for employees on the various classes of work are tabulated below. If you use other plans not listed above, you may use the next page to provide this additional information. If the contributions are paid to the employee in cash, please list the hourly amount in the corresponding category. Training Fund Contributions can never be paid to the employee directly.
Statement of Employer Payments
“Fringe Benefit Statement”
Date In Reply, Refer to Case No.:
Prime:
Subcontractor:
PROJECTNAME:
PROJECT CONTRACT NO.: County/location:
HEALTH AND WELFARE
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S)USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/ PER HOUR CONTRIBUTIONS WEEKLY MONTHLY QUARTERLY ANNUALLY
PENSION
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/ PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
VACATION/HOLIDAY
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
TRAINING
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/ PER HOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR A d d r e s s , City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
OTHER
NAME OF PLAN Address, City, State, Zip
ADMINISTRATOR Address, City, State, Zip
CLASSIFICAITON(S) USED/EFFECTIVE DATE CONTRIBUTIONPERCLASSIFICATION/PERHOUR CONTRIBUTIONS: WEEKLY MONTHLY QUARTERLY ANNUALLY
Types of Benefits Which Do Not Constitute Employer Payments:
The types of benefits for which an employer may not take a credit against its prevailing wage obligations include benefits such as the use of a cell phone or company vehicle, gas reimbursement, or a Christmas bonus.
“Employer Payments” Defined:
Labor Code §1773.1 defines Employer Payments to include all of the following (1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program.
(2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected (3) Payments to the California Apprenticeship Council pursuant to Section 1777.5.
It is not necessary that the Employer Payment satisfy all of these three conditions in order for the credit to be valid. It is sufficient that the Employer Payment satisfies any one of the specified conditions in order to be considered an Employer Payment for which a contractor is entitled to take a credit against its prevailing wage obligation.
Irrevocably Made to a Trustee or Third Person Pursuant to a Plan, Fund, or Program Examples of these types of Employer Payments include contributions by a union signatory contractor to a labor‐ management affiliated pension, health & welfare, training, and vacation programs, contractor payments for health insurance premiums, contractor payments irrevocably made to a trustee or third party for pension benefits, and similar types of payments.
Employer Payments made to these types of plans must be made regularly For enforcement purposes, the Division requires that payment be made no less than quarterly, which is consistent with the requirement under the Davis‐Bacon Act and its implementing regulations. (29 C.F.R. §
5.5(a)(1)(i).)
Employer Payments Must Be Determined Separately for Each Worker Credit against the prevailing wage obligation may be taken only toward the prevailing wage requirement for each applicable worker. Employers may not take credit for an individual worker based upon an average payment or contribution made on behalf of a group of workers. For a specific example demonstrating DLSE’s method of converting a contractor’s monthly or annual contributions to a typical benefit plan into an hourly wage equivalent to calculate the amount of credit available against the prevailing wages due to an individual worker, please refer to Section 4.2.6.4.1 of this Manual.
Vesting Does Not Normally Affect Right to Credit
Many pension plans, particularly union‐affiliated pension plans, contain “vesting” requirements which, under the plan, require that the worker complete a certain length of service before the worker has a no forfeitable right to benefits under the plan. The existence of such vesting requirements does not affect the amount of credit an employer may take for such contributions, provided that the pension plan is a bona fide plan that meets the applicable requirements under ERISA, including the minimum vesting requirements. Under no circumstances, however, may the forfeited contributions revert to the employer.
Employer Payments That Are Reasonably Anticipated to Benefit Workers Employer Payments that are not irrevocably made to a trustee or third person pursuant to a plan, fund, or program may still be valid as a credit against the prevailing wage obligation, provided that they meet all of the conditions set forth in Labor Code § 1773.1(b)(2). Such rate of actual costs for such plan or programs can be credited against the prevailing wage only if the plan or program:
(1) Can be reasonably anticipated to provide benefits to workers; (2) Is pursuant to an enforceable commitment;
(3) Is carried out under a financially responsible plan or program; and (4) Has been communicated to the worker affected
Example
The type of Employer Payments contemplated under § 1773.1(b)(2) may include certain vacation and holiday plans for which the employee accrues the benefit during the time worked on a public works project. Such payments must meet all the conditions set forth above. In addition, the credit may be taken only as to amounts
which are “actual payments.” (8 CCR § 16200(a)(3)(I).)
Payments to the California Apprenticeship Council
Employer Payments for which a contractor may take a credit against its prevailing wage obligations also include payments made to the CAC pursuant to Labor Code § 1777.5(m)(1). The amount of contribution is listed on the general prevailing wage determination for those crafts which are recognized by the Director of the DIR as an apprenticeable craft. Such amounts are typically listed in the general prevailing wage determination under the heading Training or similar type heading.
A contractor may take as a credit for payments to the CAC any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public work project. (Labor Code § 1777.5(m)(1).)
Although such payments constitute part of the Total Hourly Rate required to be paid by the employer, such payments are not paid to the worker. Rather, such payments are made to either the CAC or the applicable approved apprenticeship program. The contractor may add the amount of the contributions in computing his or her bid for the public works contract. (Labor Code § 1777.5(m)(1).)
Exception ‐ Non‐Apprenticeable Crafts
For non‐apprenticeable crafts, any training contributions should be paid to the worker as wages and not paid to the CAC. Some crafts are not identified on the Director’s wage determinations with a symbol (#) which indicates an apprenticeable craft. If that is the case, any training contribution listed in the general prevailing wage determination should be paid to the worker, or to the applicable training program, if the contractor is contractually obligated to make such payments under its collective bargaining agreement.
Annualization
Annualization is a principle adopted by the federal Department of Labor in enforcing the Davis‐Bacon Act for crediting contributions made to fringe benefit plans based on effective rate of contributions for all hours worked during a year by an employee on both public (Davis‐Bacon) and private (non‐Davis‐Bacon) projects. (Miree Construction v. Dole (11th Cir. 1991) 930 F.2d 1536, 1539.) California law requires that the credit for employer payments must be computed on an annualized basis where the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer. (Labor Code § 1773.1(d).)
Exceptions:
Annualization is required except where one or more of the following occur:
(1) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer.
(2) The higher rate of payments is required by a project labor agreement. (3) The payments are made to the CAC pursuant to Section 1777.5. (4) The director determines that annualization would not serve the purposes of this chapter.
The annualization principle requires that when converting an employer’s contribution to a pension or medical plan into an hourly amount, the amount of payments must be divided by the total number of hours worked in a year on all projects, public and private, not just the number of hours worked during that year on public projects.
This method of calculation, the “annualization” principle, provides a means to permit an employer to take credit only for employer contributions paid to workers while employed on covered public works projects.
DLSE Annualization Calculation
For enforcement purposes, the DLSE follows the federal enforcement guidelines. See Department of Labor Field Enforcement Handbook – 6/29/90, Section 15f11. (See http://www.dol.gov/whd/FOH/index.htm to review the handbook.) Under the federal enforcement guidelines, where a contractor makes annual payments in advance to cover the coming year and actual hours will not be determinable until the close of that year, the total hours worked by the workers performing work covered by California’s prevailing wage laws, if any, for the preceding calendar year (or plan year) will be considered as representative of a normal work year for purposes of annualization.
Similarly, where the contractor pays monthly health insurance premiums in advance on a lump sum basis, the total actual hours worked in the previous month, or in the same month in the previous year, may be used to determine (i.e. estimate) the hourly equivalent credit per employee during the current month. It is not considered a violation if the contractor uses the full year equivalent of 2,080 (40 hours’ x 52 weeks) hours in determining the applicable credit unless, of course, the affected employee worked more than 2,080 hours in that applicable year.
Representative Period.
Any representative period may be utilized in such cases, provided the period selected is reasonable.
Employers using other methods to calculate the allowable credit have the burden of establishing that their method satisfies the annualization requirements set forth in Labor Code 1773.1(d).
Example:
An employee works as a carpenter where the basic hourly rate set forth in the wage determination for Carpenter is $30 and the total employee benefit (Employer Payment) package is $15, excluding the training contribution. Accordingly, the total hourly rate required to be paid under California’s prevailing wage laws is $45.
Where the employer provides the carpenter with medical insurance in the amount of $4,800 per year, the employer would divide the total annual cost of the benefit by the total hours worked by the employee for the preceding year. The employer may also use 2,080 hours, which is the equivalent of full year employment to arrive at the allowable Employer Payment credit.
For instance, where the employer uses the equivalent of full year employment, or 2,080 hours, the applicable credit is as follows:
($400 x 12 months) divided by 2,080 hours = $2.31 per hour.
If the worker in this example receives no other employee benefits which are recognized as bona fide Employer Payments under California law, then for each hour worked on a project covered by California’s prevailing wage laws, the employer is entitled to take a credit of no more than $2.31 against its obligation to pay the worker $45 per hour, up to a maximum credit of $4,800, which is the total amount paid for medical insurance. The difference between the $15.00 per hour employer payment required under the applicable wage determination and the credit allowed for the provision of medical insurance must be paid to the worker as part of his or her hourly wage for work performed on the public works project.
If the worker works the entire year only on projects covered by California’s prevailing wage laws, or under circumstances otherwise exempt under the exceptions set forth above in Labor Code § 1773.1(d)(1)‐(4), the employer would be entitled to take the full credit of $2.31 up to a maximum of $4,800.
Conversely, if the worker worked only 1,500 hours of the year on projects covered by California’s prevailing wage laws and 580 hours of the year on other jobs which are not covered by California’s prevailing wage laws or are otherwise not exempted under Labor Code § 1773.1(d)(1)‐(4), the employer would be entitled to take a credit of only $2.31 per hour towards meeting the employer’s obligation to pay the prevailing wage on the California public works projects. Therefore, although an employer may have paid $4,800 in insurance premiums for that year, the employer is entitled to take a total annual credit of only $3,465.00 (1,500 x $2.31) against its prevailing wage obligation because the employer may take the credit only for those hours worked on a public works project.
Payments to The California Apprenticeship Council Pursuant to Section 1777.5. As specified in Labor Code § 1771.3(d)(3), payments made to the CAC, or to an applicable approved apprenticeship program pursuant to Labor Code § 1777.5(m)(1), do not need to be annualized. For enforcement purposes, the Division takes the position that the exemption from the annualization requirements under section 1771.3(d)(3) is limited to the training contribution amounts set forth in the applicable general prevailing wage determination. Any amounts paid in excess of the amount set forth in the applicable general prevailing wage determination must be annualized unless otherwise exempt under section 1771.3(d).
Credit for Employer Payments
California prevailing wage law requires the payment of per diem wages, which includes two components. The first component is the Basic Hourly Rate. The second component is the Employer Payments. Taken together, these two components make up the Total Hourly Rate which must be paid to each worker for any work performed on a public works project.
Employer Payments Are a Credit Against the Obligation to Pay the General Prevailing Wage Rate of Per Diem Wages
Contractors obligated to pay prevailing wages may take credit for amounts up to the aggregate total of all benefits, such as pension, health & welfare, etc., listed as prevailing in the applicable wage determination.
Contractors are not limited to the individual amounts specifically listed under the various categories of benefits specified in a wage determination in taking credit for providing Employer Payments. Rather, the contractor may take a credit for the aggregate total of permissible Employer Payments made on behalf of the affected worker. For example, the Director’s current prevailing wage Determination (SC‐3‐5‐1‐2013‐1) in Los Angeles County for the Craft of Asbestos Worker, Heat and Frost Insulator, in the Classification of Mechanic, reflects a Basic Hourly Rate $32.79, with permissible Employer Payments of $7.54 per hour (Health and Welfare), $7.68 per hour (Pension), $7.47 per hour (Vacation/Holiday), and one mandatory employer payment of $0.64 per hour (Training), which must be paid to the California Apprenticeship Council (“CAC”) or an approved apprenticeship program. The Sum of all these components ($51.30) is the Total Hourly Rate listed on the Determination. The aggregate total of permissible Employer Payments is $22.87. The permissible Employer Payment amounts listed here typically reflect the particular hourly benefit rates found in a collective bargaining agreement which the Director determined had established the prevailing rate for this craft and classification of work in this geographic area. Absent contractual obligations which may apply to a particular contractor, the total of $22.87 per hour may be paid by an employer in full or in part to any category of permissible Employer Payments, and the employer will be entitled to credit against the total prevailing wage obligation. Thus, an employer may choose to contribute $20 of the aggregate total to a private medical insurance plan or a pension plan for its workers and pay the remainder of $2.87 directly to the workers. Full credit will be to that employer for the medical insurance payments, and all of the payments added together ($35.66 to workers + $20.00 to medical plan + $0.64 to CAC = $51.30) would reflect compliance by this employer with the prevailing wage rate obligation. (WSB Electric, Inc. v. Curry (9th Cir. 1996) 88 F.3d 788.) This credit may be taken only as to amounts which are actual payments. (8 Cal. Code of Regs. § 16200(a)(3)(I).) No credit may be taken for benefits required to be provided by other state or federal law. (Labor Code § 1773.1(c).) For instance, a contractor may not take a credit against its prevailing wage obligations for benefits such as workers’ compensation, unemployment benefits, and social security and Medicare contributions.
No Reduction of the Basic Hourly Rate
California law prohibits the use of credits for Employer Payments to reduce the obligation to pay the hourly straight time or overtime wages specified as the Basic Hourly Rate in the general prevailing wage determination. (Labor Code § 1773.1(c) and 8 Cal. Code of Regs. § 16200(a)(3)(I).) Two legislatively created exceptions to this general rule are now found at Labor Code section 1773.1(c) and section 1773.8. Both exceptions are extremely limited in scope and are only applicable to increases in employer payment contributions made pursuant to criteria set forth in a collective bargaining agreement (“CBA”), and only if the specific statutory conditions listed in the Labor Code have been met. DLSE investigators will typically require a contractor claiming an exception under these sections to submit satisfactory evidence that the exception applies, including, but not limited to, a certified copy of the CBA upon which the exception is based, and to certify that the CBA’s terms applied to the workers identified on the contractor’s certified payroll records.
Example:
Basic Hourly Rate $ 25.00
Employer Payments $ 15.00
Total Hourly Rate $ 40.00
The contractor can comply with California prevailing wage laws by paying:
1. $40.00 per hour in wages;
2. $25.00 per hour in wages plus $15.00 in Employer Payments.
3. Any combination of the wages and Employer Payments so long as the Basic Hourly Rate is not less than $25.00 per hour and the Total Hourly Rate meets or exceeds $40.00 per hour.
Different for Purely Federal Projects Under Davis‐Bacon Act The California law restricting the reduction of the Basic Hourly Rate is distinct from the federal prevailing wage laws under the Davis‐Bacon Act. The Davis‐Bacon Act does not prohibit the crediting of employer payments or benefit contributions towards fulfilling the hourly wage rate listed in the contract wage determination on federally funded projects. Contractors performing work on projects which are governed by both the federal Davis‐Bacon Act and the California prevailing wage requirements must, however, continue to comply with state requirements in order to be in compliance with California law. DLSE investigators may encounter this issue when dealing with contractors on public works projects which have mixed funding (both federal and state) or federally funded projects which are controlled or carried out by California awarding bodies of any sort. In both of these situations, the application of state prevailing wage rates when higher is required. (See 8 CCR § 16001(b).)
Application to All Hours Worked
Employer Payments must be paid for all hours worked, including overtime hours, unless expressly provided otherwise in the general prevailing wage determination. The general prevailing wage determinations specify the applicable daily, Saturday, Sunday, and Holiday overtime payment. Although the applicable overtime rates set forth in the determination include the Employer Payments, the overtime rate (for example, time and one half) is based upon the Basic Hourly Rate only. The Employer Payment is therefore excluded from calculating the applicable overtime premium due as overtime compensation.
Example:
An employee worked 12 hours in the workday as an Iron $22.00 in Employer Payments. The overtime rate for the first 2 daily overtime hours is $48.00 (one and one half (1½) times the Basic Hourly Rate of $32.00, or $32.00 + $16.00). The wages due for each overtime hour is $70.00 (the overtime rate plus Employer Payments, or $48.00 + $22.00). The wages due per hour for all other overtime is $86.00 (two (2) times the Basic Hourly Rate plus Employer Payments, or $64.00 + $22.00).
The worker would be due.
8 Hours at $54.00 ($32.00 + $22.00) $432.00
2 Hours at $70.00 $140.00
2 Hours at $86.00 $172.00
Total Wages Due $744.00*
* This example is for illustration purposes. The general prevailing wage determinations specify the applicable Total Hourly Rates that must be paid to workers for straight time, overtime, Saturday and Sunday work, and there is no need for contractors to independently determine the hourly amount to be paid.
Types of Employer Payments for Which an Employer May Take a Credit Against Its Prevailing Wage Obligations.
The types of employee benefits recognized as Employer Payments under Labor Code § 1773.1 include payments for:
(1) Health and welfare.
(2) Pension.
(3) Vacation.
(4) Travel.
(5) Subsistence.
(6) Apprenticeship or other training programs authorized by Section 3093, so long as the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are required under a collective bargaining agreement pertaining to the particular craft, classification, or type of work within the locality or the nearest labor market area at issue.
(9) Other purposes similar to those specified in paragraphs (1) to (8), inclusive.
How to Fill out the DAS 140 Correctly:
If the total dollar value of a project exceeds $30,000, apprentice must be requested. The DAS‐140 form is to be forwarded directly to an apprenticeship committee of the contractor’s choice, and a copy with verification of proof of submission uploaded into SDCRAA Labor Compliance Departments electronic system; LCP Tracker.
Submit the contract award information in writing to each of the apprenticeship program sponsors in the locality of your public works project within 10 days of the prime execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed on the project.
The DAS140 is simply a “notification of award” and is not automatically a request for dispatch of a registered apprentice.
State regulations state a contractor on a public works project must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. Please follow up with the selected apprenticeship committee to confirm ‘Apprentice’ to ‘Journeyman’ ratio, as ratios do vary from trade to trade.
All contractors must request ‘dispatch of an apprentice’ from an apprenticeship program (for each apprentice‐ able craft or trade) by giving the program notice of a minimum of 72 hours (business days only) before the date on which apprentices are required. Contractors who are not already participating in an approved program and who did not receive a sufficient number of apprentices from their initial request, must dispatch apprentices from all other apprenticeship committees within the locality, if more than one exists in the area of the public works project.
What are the differences between box 1, 2, and 3 at the bottom of the DAS 140? • Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
• Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee’s Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
• Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally, this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
SELECTING BOXES:
1. Contractor has a signed “Agreement to Train Apprentice” with an affiliated (state certified) apprenticeship committee, the contractor has apprentices on staff and has the ability to train apprentices.
a. Must provide a copy of the DAS7 agreement for verification OR a letter from the JATC or UNION stating that the contractor is approved to train apprentices.
2. Contractor is not currently affiliated with a state approved program, is selecting a committee, and requesting apprentice; will be abiding by committee’s standards.
3. Contractor will contact a committee and request an apprentice but is not obligating to maintain affiliation w/any ‐one committee; additionally, contractor will not commit to selected program committee standards but will follow state standards (most commonly used for out‐ of‐state contractors).
a. Per the DAS, this is not the preferred selection; however, the State is not requiring a contractor to join a program, just ensuring that apprentices are utilized on Public Work Projects.
PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.
Do not send this form to the Division of Apprenticeship Standards.
NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.
NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED
DATE OF EXPECTED OR ACTUAL START OF
PROJECT
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS
OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS
APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations
Check One Of The Boxes Below
1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee
2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee
3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
Signature
Typed Name
Title
Date
DAS 140 (REV. 1/04)
Stateof California- Departmentof Industrial Relations DIVISION
OFAPPRENTICESHIPSTANDARDS
AGREEMENT TO TRAIN APPRENTICE District No.
DAS File No.
NAME OF EMPLOYER
MAILING ADDRESS (STREET AND NUMBER) CITY STATE ZIP CODE TELEPHONE NUMBER
ADDRESS OF TRAINING LOCATION (IF DIFFERENT)
OCCUPATION(S) O*Net Code
NAME OF APPRENTICESHIP COMMITTEE AND STANDARDS
AREA COVERED BY APPRENTICESHIP STANDARDS or NAME AND ADDRESS OF PROJECT THE OFFICIAL, whose signature follows, agrees on behalf of the above-named employer to train apprentices in the designated occupation in accordance with the apprenticeship standards and apprentice agreement and to comply with the provisions thereof.
[SIGNED] By
Printedname
Title Date
THE APPRENTICESHIP COMMITTEE accepts and approves the employer as qualified to train apprentices under its standards in the designated occupation.
[SIGNED] By
Printedname
Effectiveuntil:
Revoked
End of Project (Enter project
Title Date name and address in Area Covered above)
Date
Accepted: Date
DIVISION OF APPRENTICESHIP STANDARDS Other
Specify
REMARKS:
[SIGNED] By Date
Apprenticeship Consultant
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
DAS 7 (REV 11/09)
EFFECTIVE DATE
MUST be signed by both Committee and DAS prior to submission
State of California -- Department of Industrial Relations --DIVISION OF APPRENTICESHIP STANDARDS
APPRENTICE AGREEMENT
APPRENTICE LAST NAME, FIRST NAME MIDDLE SOCIAL SECURITY NUMBER APPRENTICE ADDRESS (NUMBER AND STREET / CITY, STATE & ZIP) BIRTHDATE (mm/dd/yyyy) F - VETERAN Yes: No:
COUNTY OF RESIDENCE
OCCUPATION O*Net code
TERM OF APPRENTICESHIP
Hours Within
Years
STRAIGHT TIME
Hours per day:
8 Hours per week:
40 This agreement is between the above-named apprentice employed by the below named employer, and
PROGRAM SPONSOR
AGREEMENT: The undersigned parties mutually agree that they will use their best endeavors to secure employment and training for the apprentice. The apprentice agrees to perform satisfactorily all work and learning assignments. The provisions of the Apprenticeship Standards for the above occupation adopted by the program sponsor and approved by the Chief of the Division of Apprenticeship Standards are hereby made a part of this agreement. An official copy of the standards is on file in the headquarters of the Division of Apprenticeship Standards. This apprentice agreement will continue in effect until the training is completed or otherwise terminated in accordance with the standards.
The apprentice commences participation under these standards on the date of execution of this agreement by the Apprentice. The signatory apprentice is credited with having months toward completion of the term of apprenticeship. The apprentice is expected to complete training on or about , 20 , upon satisfactory completion of the total remaining hours of on-the-job training and hours and/or units of related and supplemental instruction.
APPRENTICE: I, the undersigned apprentice, understand and agree that there is a valid and reasonable necessity that those academic records accumulated throughout related and supplemental instruction during my period of apprenticeship be made available to the apprenticeship committee. Further, I agree to release to the apprenticeship committee any other academic records which I feel may enhance my status as an apprentice.
I, the undersigned apprentice, hereby request that the Administrator of Apprenticeship terminate any other apprenticeship agreements in which I am currently registered.
Executed this day of , 20 by
DAY MONTH YEAR SIGNATURE OF APPRENTICE
AGREED TO BY THE EMPLOYER
SIGNATURE OF PARENT OR GUARDIAN (IF APPRENTICE IS 16 OR 17)
SIGNATURE OF EMPLOYER OR ITS REPRESENTATIVE TITLE
AGREED TO AND APPROVED BY, FOR THE COMMITTEE
SIGNATURE -- SECRETARY / CHAIR / COORDINATOR DATE
ACCEPTED BY DAS
for unilateral programs only]
This agreement is approved by
SIGNATURE -- APPRENTICESHIP CONSULTANT DATE
for the Administrator of Apprenticeship
DAS 1 (REV. 4/12) APPRENTICE AGREEMENT
A B C D E Official Use
Gender Ethnic Dependents Education Yrs Employ STATUS
D. O. FILE NUMBER
ADDRESS
NAME OF EMPLOYER
CALIFORNIAAPPRENTICEQUESTIONNAIRE
(USE INK OR BALLPOINT PEN)
A. Gender
Male Female
(Cal. Code of Regulations, Title 8, Ch. 2, Sec. 215
C. Number of Dependents (Do not count yourself)
0 None 4 Four
1 One 5 Five
2 Two 6 Six of More
3 Three
(Vol ntar )
B. Ethnic or Race Derivation (Check only one)
1 WHITE (Not of Hispanic Origin) -- A person having origins in any of the original peoples of Europe, North Africa or the Middle E
ast.
2 BLACK (Not of Hispanic Origin) -- A person having origins in any of the Black racial groups of Africa.
ASI
AN OR PACIFIC ISLANDER -- A person having origins in
any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands. The area includes, for example, China, Japan, Korea and Samoa.
A Asian Asian Indian
B Asian Bangladeshi
C Asian Chinese
D Asian Cambodian
6 Asian Filipino
E Asian Hmong
I Asian Indonesian
J Asian Japanese
K Asian Korean
L Asian Laotian
M Asian Malaysian
P Asian Pakistani
R
Asian Sri Lankan
T Asian Taiwanese
U Asian Thai
V Asian Vietnamese
F Native Hawaiian Fijian
G Native Hawaiian Guamanian
H Native Hawaiian Hawaiian
S Native Hawaiian Samoan
W Native Hawaiian Tongan
4 AMERICAN INDIAN OR ALASKAN NATIVE -- A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or c
ommunity recognition.
HISPANIC -- A person of Mexican, Puerto Rican, Cuban, South 7 Central American or other Spanish culture or origin, regardless f
D. Highest Year of Education Completed
1 8th Grade or less 6 1 Year of College
2 9th Grade 7 2 Years of College
3 10th Grade 8 3 Years of College
4 11th Grade 9 4 or more Years of
College
5 12th Grade (or GED
Ce
rtificate)
(Cal. Labor Code, Ch. 4, div. 3, Sec. 3076.3)
E. Number of Years You Have Been Employed Full Time to Date (Except for Military Service)
0 None
1 Less Than 1 Year
2 1 But Less Than 2 Years
3 2 But Less Than 3 Years
4 3 But Less Than 4 Years
5 4 But Less Than 5 Years
6 5 Years or More
(V l t ) F. Have You Served on Active Duty (other than reserve status) in the U. S. Armed Forces?
Yes No
If
yes, Please Enter:
Month and Year Entered
Month and Year Separated
Total Months served on Active Duty
Apprentice's Signature
TO THE APPRENTICE: California Civil Code Sec. 1798.17 requires State agencies which collect personal information to indicate the authority under which the data are requested. If personal information not specifically authorized by law is requested, indivi duals must be informed that supplying the information is voluntary. It also provides that state agencies may change or modify records at the request of the individual.
Questions C and E below are voluntary. All others are authorized by law, as indicated by the reference in each section. If the authorized questions are not answered, the apprentice agreement cannot be accepted.
The Division hopes, through collection of this data, to improve the apprenticeship program both for those presently enrolled and for future apprentices. Thank you.
REQUEST FOR DISPATCH OF AN APPRENTICE –
DAS 142 FORM
DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to:
http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial R elations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyman work, you must request and employ apprentices in no less than 8 hour increments.
Date: Contractor Requesting Dispatch:
To Applicable Apprenticeship Committee: Name:
Name: Address:
Address:
License No.
Tel. No. Fax No. Tel. No. Fax No.
Project Information:
Contract No. _
Name of the Project:
Address:
Dispatch Request Information:
Number of Apprentice(s) Needed: Craft or Trade:
Date Apprentice(s) to Report: (72 hrs. notice required) Time to Report:
Name of Person to Report to:
Address to Report to:
You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or visit http://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm DAS 142 (Revised 04/14)
Documents Required During the Life of the Construction Project
1. CAC‐2‐ Training Fund Contribution Form:
a) All Contractors must submit a CAC‐2 Form monthly for the prior month’s hours. b) This form is now available to be filled out on the DIR website. The previous CAC‐ 2 form is to be disregarded. CAC‐2 forms must be done electronically. The link is as follow:
https://www.dir.ca.gov/das/tf/cac2.asp. You mu st enter all requested information in order to ensure successful submission and processing of your payment. You will need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session that you will upload in to LCPtracker.net and send with your payment when mailed. The address is as follows:
State of California
Department of Industrial Relations California
Apprenticeship Council
P.O. Box 511283
Los Angeles, CA 90051‐7838
c) If applicable and fringes are paid directly to an approved JATC or Union Shop, please state so and fill out on the Training Fund Contribution Union Contractor form that is provided and available to be downloaded on LCPtracker. Filled out forms are uploaded into LCPtracker.net under the e‐ Documents tab.
2. Training Fund Contribution Letter Form:
a) All Contractors must submit a Training Fund Contribution Letter monthly for the prior month’s hours.
b) If applicable and fringes are paid directly to an approved Union Shop, please submit the Union Status Letter stating that the Contractor is up to date with all fringe and training fund contributions for the requested month. The letter should specify the month, project name, and project number.
c) If you can’t provide a letter and the DAS has not been updated with your contribution at Contractor may provide a copy of a cancelled check submitted to the proper JATC or the DAS with the amount that matches that on the CAC‐2. You may check the status of your contributions submitted to DAS online at: http://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html. This ma y also be submitted in lieu of the Training Fund Contribution Letter.
3. Certified Payroll Reports CPR’s and/or Non‐Performance Reports:
a) To be submitted by all Contractors working on the project to the City of Sacramento and the Department of Industrial Relations Electronic Certified Payroll Records site. b) The reports submitted to the City of Sacramento are submitted through the contracted electronic reporting program, LCPtracker.net, which can be found online at www.lcptracker.net. If you don’t already have a user name and password for this website, please contact your labor compliance officer with the City of Sacramento to be set up.
c) The Electronic Certified Payroll Records for Contractors can be found at the following link: https://apps.dir.ca.gov/ecpr/DAS/AltLogin
d) Submit CPR/NPR weekly; starting (10) calendar days after the close of your pay period. This is when you begin onsite/offsite “craft” labor. This may mean you have weeks in between work on a particular job. NPR’s will need to be submitted for that timeframe.
4. Apprenticeship Certification and/or Apprentice Agreement:
a) The first time an apprentice is listed on a certified payroll report an “Apprenticeship Certification” or Apprentice Agreement (DAS‐1 form) must be submitted for each apprentice utilized. b) Please upload the Apprenticeship Certification or DAS‐1 form in the e‐ Documents section of LCPtracker.net, add the apprentice ID and pertinent information under the employee information and notify the labor compliance officer in your department that approval is need prior to certification of payroll.
5. Miscellaneous Documents:
a) Authorization for Deductions:
i. Voluntary deductions require an Authorization for Deductions form; garnishments require a copy of notice (redact personal information). A form has been provided on LCPtracker to address other deductions that are recorded on the Certified Payroll Reports submitted. b) Receipt for Payment of Back Wages:
i. For use when wage errors require supplemental wage payment (s).
"ZIP:
.
. .
. .
. .
. .
.
.
0 CAC - Training Fund Contributions
You must enter all requested information in order to ensure successful submission and processing of your payment.
Training Fund Contributions are due on the 15th of each month.
All fields with· are required
If there is no work for a particular month you do not need to submit a CAC2 form with zero amount for that month.
You must use the BUTTON on the bottom of the page to submit for an invoice coupon
TO NAVIGATE BETWEEN FIELDS, DO NOT HIT RETURN OR ENTER KEY AFTER EACH ENTRY USE THE TAB KEY INSTEAD
You need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session so that you can mail it with your payment
CLEAR FORM
Training Fund Contributions Form CAC2
Date: S/17/2016
ContractorfSub Contractor
making contributions
* Name:
Contractor
* License Number
Period covered
by contribution
(from-to)
• Period Start
Jobsite Location
(including County)
If applicable, give name of school, hospital,
building, etc
• Address: • ContracUProject
Number
• Penod End: Comments
"City: (MMIDD/YYYY)
"Stat6
" Name of the submitting party: • Submitter's Title: * Submitter's Email: *Submitter's Phone:
e.g., (999) 999-9999
Instructions: You may want to use the keyboard TAB key to navigate the fields and the Up fl I Down V ARROW keys to select a list item
• County of Work • Classification1 ... Hours • Rate Amount "1) I Select a county . I Select an occupation
..-
(min.: 0.5; max: 9 999.99) (min.: 0.01; max: $9.99)
$ 0.00
2) I Select a county I Select an occupation • $ $ 000
3) I Select a county I Select an occupation " $ $ 000
4) I Select a county I Select an occupation ..- $ $ 0.00
5) I Select a county I Select an occupation • $ $ 000
6) I Select a county I Select an occupation ..- $ $ 000
7) I Select a county I Select an occupation ..- $ $ 0.00
8) I Select a county I Select an occupation • $ $ 000
9) I Select a county I Select an occupation ..- $ $ 0.00
10) I Select a county I Select an occupation ..- $ $ 0.00
11) I Select a county I Select an occupation • $ $ 000
12) I Select a county I Select an occupation ..- $ $ 0.00
13) I Select a county I Select an occupation ..- $ $ 0.00
14) I Select a county I Select an occupation • $ $ 000
15) I Select a county I Select an occupation ..- $ $ 0.00
16) I Select a county I Select an occupation ..- $ $ 0.00
17) I Select a county I Select an occupation • $ $ 000
18) I Select a county I Select an occupation ..- $ $ 0.00 19) I Select a county ISelect an occupation • $ $ 000 20) I Select a county ISelect an occupation ..- $ $ 0.00
Footnote 1 - If you are unable to locate the occupation m the pull down menu, please click on this link:
http://Www.d1r.ca.gov/databases/das/pwaddrstart.asp for specific information assistance.
TOTAL AMOUNT: $ 0.00
When done with some or all the entries above, please carefully review and then enter the green code you see below:
Calculate Total Amount
August 2014
The electronic submission of the CAC-2 Form is to be used in place of the previous CAC-2 Form that was submitted on LCPtracker. This form can be retrieved at: https://www.dir.ca.gov/das/tf/cac2.asp. You need to have a working printer currently connected to your computer in order to print the complete paper form in the end of this session so that you can mail it with your payment. Payments are to be mailed to State of California, Department of Industrial Relations, California Apprenticeship Council, and P.O. Box 511283, Los Angeles, CA 90051-7838
Please use a separate form for each jobsite, listing the occupations for the jobsite and dollar amount paid for
each classification. Once checks have been sent to
the appropriate JATC please upload this form to
LCPtracker under the e- Documents tab. A letter from
the specific JATC or Union specifying that the required Training fund contributions and Fringe Benefits were
paid will be accepted as proof of payment.
TRAINING FUND CONTRIBUTIONS
VERFICATION FORM UNION CONTRACTORS
**Training Fund Contributions are due on the 15th of each month** PLEASE TYPE OR P RINT IN BLACK OR BLUE INK. ALL FIELDS MUST BE
FILLED IN TO ENSURE COMPLETION OF LABOR COMPLIANCE
REQUIREMENTS.
NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER
CONTRACT OR PROJECT NUMBER
JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE - GIVE NAME OF SCHOOL, HOSPITAL, BUILDING, etc. NAME AND ADDRESS OF PUBLIC AGENCY AW ARDING CONTRACT
PERIOD COVERED BY CONTRIBUTION (FROM - TO)
CLASSIFICATIONS OF W ORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC). COUNTY WORK PERFORMED IN ALL HOURS CONTRIBUTION
RATE PER HOUR
AMOUNT
TOTAL
IF APPRENTICES WERE EMPLOYED, PLEASE LIST THE APPRENTICESHIP PROGRAM AND NUMBER OF APPRENTICE HOURS WORKED
TYPE OR PRINT YOUR NAME AND TITLE DATE
EMAIL AREA CODE & TELEPHONE NUMBER
CAC 2 Union Contractors (rev.10/14) TRAINING FUND CONTRIBUTIONS
Project Name:
Project Number:
Employee Name:
AUTHORIZATION FOR PAYROLL DEDUCTION
1) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
2) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
3) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
4) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
5) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
6) Reason for Deduction:
Percentage/Amount of Deduction:
Frequency of Deduction:
Termination Date:
% OR $$ Start Date
% OR $$ Start Date
% OR $$ Start Date
% OR $$ Start Date
% OR $$ Start Date
% OR $$ Start Date
Use additional copies of this form if necessary.
I authorize (Employer):
to process the deductions from my payroll as noted above.
Employee Signature: Date Signed:
Instructions:
1) Submit into LCPtracker
2) Keep signed originals
Contractors Certificate of Completion – Form 264
To be completed by the Prime Contractor at time of completion.
Project Name & Number
Contractor Name
I, (Name), (Title) of
(Company Name), declare under penalty of perjury that:
I know of my personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the contract drawings and specifications.
The contract work is now complete in all parts and requirements, and ready for your final inspection.
I understand that neither the determination by the Engineer ‐Architect that the work is complete, nor the acceptance thereof by the City, shall operate as a bar to claim against the Contractor under the terms of the guarantee provision of the contract documents.
Executed this day of 20 , at , California.
Signature Title Date
Checklist of Documents Required for
Labor Compliance on LCPtracker.net
PW300 ‐ This is due and needs to be uploaded prior to start of work. If any changes are made or substitution of sub‐contractors are approved a new form should be uploaded and Labor Compliance should be notified.
Authorization Letter for Signing Certified Payroll ‐ This is due prior to the submission of the first Certified Payroll Report and must be signed.
Checklist of Labor Law Requirements ‐ prime due this on or before starting the start of work on the jobsite, subs need to have this finished prior to starting work on the job. All boxes must be checked, and it must be signed.
Fringe Benefit Statement ‐ due with first CPR and must be submitted for each subcontractor as well. ALL FRINGES TO BE REPORTED WITH HOURLY AMOUNT.
DAS140 ‐ due prior to commencing work on a project (one for each determination)
DAS142 ‐ due 72 hours prior to the report date on a project (one for each determination)
CAC2 ‐ due monthly‐ one for each determination (due on the 15th day of the month for work performed during the preceding month) If Union Contractor please upload for with amounts paid and where money was paid to even if it is not the CAC.
Training Fund Contribution Confirmation Letter – this is due monthly for the duration of the project. Both CAC‐2 and Training Fund Contribution Letters are to be uploaded to LCPtracker.net.
CPR’s‐ Certified payroll is due within 10 days of pay period end date
LCPtracker.net phone support is available via live chat through their website, by phone at (714) 669‐0052 Option 4 (if they do not pick up please leave a message and they will get back to you. All calls are logged in with a date and time, but if you don’t leave a message you will not get a phone call back) and by E‐mail at [email protected]. To assist those at support please include your User ID, a direct call back number, contact name and a brief description of the issue you are facing.
All forms are available under the e‐Documents tab on LCPtracker. It is best practice to use the forms that have been provided to you under that e‐docs tab to increase efficiency in processing pay request and remain compliant.
Helpful Links and Contact Information
• Department of Industrial Relations (DIR):
Web‐Link: http://www.dir.ca.gov/
Contact DIR: http://www.dir.ca.gov/Contactus.html
• Division of Labor Standards Enforcement (DLSE):
Web‐Link: http://www.dir.ca.gov/dlse/dlsepublicworks.html
• Division of Apprenticeship Standards (DAS):
Web‐Link: http://www.dir.ca.gov/das/das.html
• Apprentice Certification:
Web‐Link: http://www.dir.ca.gov/das/appcertpw/AppCertSearch.asp
• CAC Public Works Training Fund Contributions:
Web‐Link: http://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html
• California General Prevailing Wage Determination:
Web‐Link: http://www.dir.ca.gov/OPRL/pwd/ (Journeymen) http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp (Apprentice)
• Davis Bacon Wage Determination Rates:
Web‐Link: http://www.wdol.gov/dba.aspx
• Public Works Information‐ Frequently Asked Questions:
Web‐Link: http://www.dir.ca.gov/das/publicworksfaq.html
• LCPtracker.net
Web‐link: https://lcpprod.lcptracker.net/Lcp/WebForms/Login.aspx Support Phone Number: 714‐669‐0052
Option 4 E‐mail: [email protected]
THINGS TO
REMEMBER:
Labor Compliance Forms due Prior to Work Beginning (Prime and all Sub Tier Contractors)
1) Authorized Letter for Signing Certified Payroll (Original signature required) 2) List of Trades and/or Crafts
3) PW‐300‐ List of all sub‐contractors and suppliers. (This must be updated if changes occur and all contractors listed must have a DIR registration number prior to commencing work on the project.
4) Checklist of Labor Law Requirements‐ (All boxes checked and signed) 5) Public Works Contract Award Information (DAS 140) (With verified proof of service) 6) Request for Dispatch of an Apprentice (DAS 142) (With verified proof of service) 7) Fringe Benefit Statement Form ‐(For Each Determination) (Due before first Certified Payroll and then only when a change occurs)
8) Authorization for Payroll Deduction (Original signature required) (Deductions other than standard deductions must be authorized by the employee)
Labor Compliance FormsDue Weekly:
• Certified Payroll Form (LCP Tracker Electronic Payroll and upload of payroll to DIR website) • Statement of Compliance (LCP Tracker Electronic Payroll) • Statement of Non‐Performance (Due when work is not performed once on job‐ site)
Work over 8 hours in a day or 40 hours in a week must be paid at the overtime rate. Refer to wage determination that is provided by the DIR for the applicable rate. Certified payroll records must be numbered consecutively, starting with the first week work is physically performed on site
Last certified payroll must be marked “FINAL”.
Training Fund Contribution forms are due monthly beginning immediately after work has been performed on site.
◆ Single Asterisk (*):
Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research for specific rates at (415) 703‐4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. ◆ Double Asterisks(**):
The rate to be paid for work performed after this date has been determined. If work will extend past this date the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703‐ 4774. ◆ Employee Interviews on job site:
Interviews are done to obtain information to verify correct wages are being recorded on the certified payrolls for the given craft/classification and to ensure contract compliance.
Revised 09/15/2020
Contractor
Quick-Start
Guide
Revised 09/15/2020
CONTRACTOR QUICK START GUIDE
Here at LCPtracker (Labor Compliance Program Tracker), we are aware that using a Prevailing wage software may be a new undertaking for many Contractors. We have designed this guide to explain what LCPtracker is used for and how to start using the software.
LCPtracker has been in business since 2001, and we are constantly changing to better suit your labor compliance needs. LCPtracker is used by over 200 Government Agencies and 55,000 Contractors.
LCPtracker is an online, cloud-based software company that provides users with the proper tools to easily ensure that each contractor is meeting prevailing wage guidelines as well as to easily create the detailed reports that can be required by agencies like the United States Army Corp of Engineers or the FHWA.
Whether it’s Davis-Bacon laws that are set by the United States Department of Labor (USDOL), California prevailing wages set by the Department of Industrial Relations (DIR), or any other labor laws set by a specific state or local government agency, LCPtracker makes it easy to guarantee that every Contractor is compliant.
HOW DOES IT WORK?
The LCPtracker service is a paperless, online system of entering Certified Payroll Reports (CPRs). Payroll data may be entered directly into the system, or uploaded from major construction accounting systems or payroll programs. This service eliminates the need for Contractors to submit paper documents and forms while providing an online database that stores all CPRs.
All contract-specific wage rates, fringe rates and worker crafts/classifications are online within the system, and Contractors may then select craft/classifications from a drop-down menu.
Potential errors in wage rates or work classification entries are flagged to Contractors preemptively, allowing them to correct data prior to submittal. (This is contingent on how the Agency sets up their project validations.)
A few of the immediate benefits experienced by using LCPtracker are:
• All Contractor reports are available instantly to Contractors in hardcopy and electronic format.
• No need to mail in paperwork! Payrolls will be submitted electronically.
There is no cost to Contractors for this service or for online training and we have a dedicated Support staff available Monday through Friday from 5:00am until 5:30pm PST.
Revised 09/15/2020
CONTACTING LCPTRACKER SUPPORT
Contractors may access the various options for training after receiving a User ID and password, which will be sent by a “no reply” email address from LCPtracker (i.e., [email protected].) This email, with login instructions, will be sent to Contractors once they’re assigned to an account in LCPtracker by your Agency or Prime Contractor. Every Contractor account is created by the Agency or their Prime Contractor. Complete and full support is offered directly to Contractors by LCPtracker for any technical questions on the use of the software.
Contact LCPtracker Support
• 714-669-0052 option 4; or
• [email protected]; or
• Live Chat
If you send the Support Team an email or prefer to leave a voice message, LCPtracker asks that you include the information listed below. (Because of the high number of users stored within LCPtracker, we cannot look up your account with only your company name or project you are working on.)
• Your Company Name
• Your User ID
• Your Name and Phone Number
• What the Issue is – please be a specific as possible so we can re-create the issue
LCPTRACKER TRAINING OPTIONS
Contractors may access the various options for training after receiving a User ID and password.
An email with login instructions will be sent to Contractors once they are assigned to an account in LCPtracker. Every Contractor account is created by the Agency or their Prime Contractor.
Revised 09/15/2020
ADD/EDIT EMPLOYEE
To add an employee into system or edit someone already in system, click on Set Up and then Add/Edit Employee.
Add / Edit Employee Information
This section is used to enter Contractor employees and their personal information. Enter the appropriate employee information in the data fields. Tab key or mouse click to move between fields. Any RED asterisk field is required by the Agency, and the system will not save unless the information is entered in the required fields.
Default Hourly Paid Fringes (As paid to Fund on behalf of employee) This section is known as a “time saver”. You may wish to fill in the hourly fringe rates in this section. This will allow for ease of use when entering payroll records manually, as you will be able to click the “calculate fringes” button on the Payroll Entry screen, and the system will perform the mathematical calculation of the hourly fringes multiplied by the hours worked. (Keep in mind that if you have any predetermined increases, or your Union updates once a year, you will need to come back to this section and update your fringes accordingly.)
If you have multiple projects with different fringe rates, built in increases, or everyone has the same fringes and you only want to enter those dollar values once, you may wish to skip this section and use the Fringe Benefit Maintenance table to enter your hourly fringe rates into system. (Note that any fringe amount entered in this section will supersede the fringe amount entered in that time saver section of the employee setup.)
Revised 09/15/2020
Default Other Deductions Notes
Any deduction that is permissible according to the USDOL or your Agency (such as IRS garnishments, child support, a company loan, etc.) would fall under this “other” deduction section. Any amount listed in “other” will then dictate that “other deduction notes” is required.
You can always come back and add/edit the employee and enter value in this section to save yourself time.
1. PAYROLL RECORDS
There are five methods of payroll entry available to all Contractors:
1. Copy Payroll feature in LCPtracker
2. Upload from a payroll system export file
3. Upload from the Excel spreadsheet
4. Direct Payroll Subscription / Interface (DPI)
5. Manual entry
We will be discussing manual entry in detail below, but here is some information regarding the other four:
1. COPY PAYROLL
This option is only available if you have already completed a week of payroll. Once you’re in the Payroll Records tab, simply click on the “Copy Previous Payroll” button, select your project, then select the CPR you’d like to copy.
2. UPLOAD FROM A PAYROLL SYSTEM EXPORT FILE
From the Payroll Record tab, click on the “Upload Records” button. Further click on the “Accounting Systems” button, and you will see a partial list of the payroll companies that we have partnered with to create a payroll interface, or export file. To see a complete list of payroll interfaces available, please visit www.lcptracker.com, and click on Partners>Payroll Interfaces. If you do not find your payroll company, and would like to see if there is an opportunity to partner, please fill out the informational form listed under the “Upload Records” section and someone from LCPtracker will contact you.
Revised 07/05/2018
Revised 09/15/2020
You can click on the name of your payroll company, and you will either find a list of directions on how to obtain your export file, or you will see a request that you contact your payroll company directly for instructions on how to obtain that export file.
Once you have it, you can use it to upload your CPR from that “Upload Records” button. For more information, feel free to either contact Support, or look in the Training Materials section for more detailed instructions.
3. UPLOAD FROM THE EXCEL SPREADSHEET
LCPtracker has an Excel spreadsheet
template available for you to download in the
same “Upload Records” section mentioned
above. There is a legend as well as
instructions available on the Excel template.
You can manually enter info into this Excel
spreadsheet, or you can confer with your IT
department to see if they can utilize this
spreadsheet to create a report out of your
existing payroll system.
Revised 09/15/2020
4. DIRECT PAYROLL SUBSCRIPTION / INTERFACE (DPI)
This is another option available to Contractors who would prefer to not enter their CPRs manually, do not want to use the Excel spreadsheet, and do not use a payroll company that LCPtracker partners with. You can choose to have LCPtracker map your existing payroll so that you may use it (as a PDF or .CSV file) as an upload file. Once you have it, you can use it to upload your CPR from that “Upload Records” button.
For more information, feel free to either contact Support, or look in the Training Materials section for more detailed instructions.
5. MANUAL ENTRY
You will enter a record each week for every employee that performs work covered by prevailing wages on their project. If your employee works in more than one classification (i.e., they’ve worked 20 hours as a Carpenter and 20 hours as a Power Equipment Operator) please enter two separate pay records to show that they are being paid according to the work performed.
Revised 09/15/2020
AMOUNTS PAID (top section of the Payroll Record Entry Form) Enter the appropriate amounts in the appropriate sections. Keep in mind this is just a transfer of historical data from your already existing payroll records.
Gross Employee Pay This Project – The amount of basic wages paid for this project only. This is typically the hourly rate of pay multiplied by the hours worked (it could be more complex with overtime figured in).
Wages Paid-in-Lieu of Fringes – The amount paid to the employee instead of fringe benefits paid to a plan, fund or program. This amount is sometimes included in the Gross Employee Pay this Project depending on the accounting system and the agency reporting requirements. (Whether you are a Union Shop or Open Shop typically determines whether you pay these required fringes to an approved plan, fund or program, or pay them directly to the employee in cash.) This amount would be the rate-in-lieu of Fringes multiplied by the number of hours worked.
Rate-in-lieu of fringes – The hourly rate paid-in-lieu of fringes. If you pay your employees directly for the required fringe benefit instead of paying into an approved plan, fund or program, please list the hourly rate paid here.
Base Hourly – The hourly rate of pay not including fringes. Some accounting systems include taxable fringes and fringes paid-in-lieu in this amount, do not include those in this field.
Overtime Hourly – The hourly rate of pay multiplied by a factor of 1.5. Do not include fringe benefits in this equation, unless specifically called for by your Agency.
Doubletime Hourly – The hourly rate of pay multiplied by a factor of 2. Do not include fringe benefits in this equation, unless specifically called for by your Agency.
Revised 09/15/2020
CLASSIFICATIONS
This section lists the craft and classification that your employee worked on your project and will be paid for. If you mistakenly choose the wrong classification on the original entry page, you may change it here by clicking on the Edit button. (Please remember that if your employee worked in more than one classification within this work week, you will need to enter a separate payroll record for that classification.)
HOURS WORKED EACH DAY FOR THIS PROJECT ONLY
Enter the hours worked each day. The first row is for regular time worked, the second row is for overtime worked and the third row for is for double time worked. You ONLY enter hours worked on this prevailing wage job for this week. The system will total each type of hours worked, the days worked and the week under the totals hours column.
FRINGES/CONTRIBUTIONS PAID TO OTHER (NOT EMPLOYEE) FOR THIS PROJECT ONLY You may utilize this section in two different ways:
1. Auto calculate
2. Manual entry
The first is by simply clicking the Calculate Fringes button so that the system automatically calculates the fringe benefit rates paid. This only works if you filled out the hourly fringe benefit rates in the Add/Edit Employee screen (or the Fringe Benefit Maintenance section, also available in the Set Up tab). This function multiplies the hours worked times the fringe benefit rate to get the values.
The second way is to manually enter the total amounts paid per section (Vac/Hol/Dues, Health & Welfare, Pension, etc.) from your payroll register or paystubs. Mark the appropriate check boxes as required. If they are checked in the Add/Edit Employee setup then that value carries over.
Revised 09/15/2020
PAYCHECK – DEDUCTIONS, PAYMENTS AND NOTES (values entered in this section apply to all hours worked on all projects during the week.)
Deductions - the Total Deductions box will add as you enter values in the taxes, other deductions, Vac/Dues and Savings fields.
Other Deduction - this field is for permissible deductions that do not fall into the other available fields. If you put an amount in the Other deductions field, an Other Deduction Note will become required.
Trav/Subs - this field is for travel or subsistence paid to your employee. This amount does figure into the mathematical calculation that the system to ensure that Gross and Net pays are correct.
Gross Pay All Projects – the gross amount on the paycheck for the week including all projects worked.
Paycheck Amount – this is also referred to as Net pay. This is the actual amount of pay the employee received.
Check Number – you have the option of putting different information in this field. If you hand out actual checks to your employees, please enter the check number in this field. If you utilize direct deposit and no check numbers exists, enter “DD”.
Revised 09/15/2020
Payment Date – this is the actual date of the paycheck. Not all Agencies require this field.
Notes – this is a section that allows you to communicate anything out of the ordinary that you would like your Agency to know.
Other Deduction Notes – if you entered a permissible deduction in the above-mentioned field, then you will be required to leave a note describing that deduction. Please remember to be transparent in your notes entered. We recommend that you list what the actual deduction is, and not write “other deduction” or “N/A”.
WHEN YOU HAVE COMPLETED ALL THE ABOVE-MENTIONED FIELDS, CLICK SAVE.
SAVE WITH NO NOTICES
With a successful save you will get this message:
SAVE WITH NOTICES
If you do not get this message, look for the RED
message on the screen. You may have to scroll up or
down on the payroll record to see what you have
missed that may be a required field.
Revised 09/15/2020
2. NOTICES
Once you have entered all payroll records for the week, you should go into the Notices tab to check and see if you have any payroll Notices. Your records have been saved: perhaps there are issues ranging from forgetting to add an employee ID or phone number to forgetting to enter the Gross Employee Pay This Project field at the top of the Payroll Record Entry screen.
If you have an employee who shows up in this screen, you will need to clear that notice.
To clear your notice, click on the Edit button to the right of the employee name. From there, you will be taken back into the Payroll Record Entry screen. Scroll down the bottom and you will see detailed notes on exactly what your notice is.
If you do not understand the notice, you have options on how to get help. You can click on the Video Assistance “Play Now” button and you will see a video that explains what the notice is and how to address it, or you can contact our Support department and they will assist you.
You must clear all notices to certify your payroll.
3. CERTIFICATION
You are almost finished, and now it’s time to certify your payroll. You will do this for each week beginning when you first start work on your project until the last week on the project.
You have three options available to you when you certify your payroll:
• Certify a payroll for a week during which work was performed • Certify a payroll for a week during which no work was performed (non-work week payroll) • Certify a payroll for multiple consecutive weeks during which no work was performed
Revised 09/15/2020
CERTIFICATION WIZARD, STEP 1 OF 2
To certify your payroll:
• Choose your project
• Choose the type of payroll you are certifying
• Choose your week ending date (if you choose multiple
consecutive weeks, you will enter the start date and the last date) • Enter your name as the person certifying your payroll • Enter your title
• Click next
CERTIFICATION WIZARD, STEP 2 OF 2
You are now seeing your Statement of Compliance (SOC) portion of your certified payroll report.
You are just a few clicks away from certifying your payroll.
You now need to denote how you pay your fringe benefits (if you do both, you may choose both):
• 4a – paid into an approved plan, fund or program
• 4b – paid in cash to the employee
• 4c – section to note any exceptions you might have, per craft/classification.
If you have any final remarks that you’d like to leave for your Agency, there is a section available to you to do so. Note: this field is mandatory is you are recertifying a CPR.
You may also click on a checkbox to note if your
CPR is a final.
Lastly, you will put in your eSignature and click Save. This completes your CPR, and it will pop up in another window so long as you have your pop-up blocker turned off. (If you forget your e- Signature, go back to the Set Up tab, edit your eSignature, and then go back to the Certification Tab and follow the above procedures again.)
You have now completed certifying your
payroll.
Your CPRs are electronically sent to your Administrator, and unless otherwise specified, there is no need to send or print out a hardcopy unless you would like to do so for your own records.
Revised 09/15/2020
Remember that your CPR’s will always be stored in your account to access at any time, so you may decide not to print out hardcopies.
CALIFORNIA DIR XML UPLOAD
If you perform work on a California Public Works project, you also need to upload your payroll to the Department of Industrial Relations (DIR) eCPR system. Once you’ve certified your payroll, you can download the DIR XML file to upload.
Instructions to find and upload this file:
• Click on the Projects tab
• Click on the Certified Payrolls tab
• Locate the week ending payroll file you need
• Click on the DIR XML button (make sure your pop-up blockers are off) • Save this file to your desktop
• Upload into the DIR eCPR system
WASHINGTON L&I XML UPLOAD
Beginning in January 2020, weekly certified payroll reports are required to be filed online with Washington State Department of Labor and Industries, or WA L&I, at least once a month for all public works projects. Once you’ve certified your payroll, you can download the WA L&I XML file to upload.
Instructions to find and upload this file:
• Click on the Projects tab
• Click on the Certified Payrolls tab
• Locate the week ending payroll file you
need
• Click on the WA L&I XML button (make
sure your pop-up blockers are off)
• Save this file to your desktop
• Upload into the WA State PWIA portal
Revised 09/15/2020
ILLINOIS DOL EXPORT UPLOAD
Beginning in September 2020, weekly certified payroll reports are required to be filed online with the Illinois Department of Labor, or IDOL, by the 15th of each month for all state-funded public works projects. Once you’ve certified your payroll, you can download the IL DOL XML file to upload.
Instructions to find and upload this file:
• Click on the Projects tab
• Click on the Certified Payrolls tab
• Locate the week ending payroll file
you need
• Click on the IL DOL Export button
(make sure your pop-up blockers are
off)
• Save this file to your desktop
• Make any manual
additions/adjustments to the CSV file
• Upload into the IDOL portal
Should you find that you have any further questions, please consult either the Contractor User Manual or call our Support department.
Contact LCPtracker Support
• 714-669-0052 option 4; or
• [email protected]; or
• Live Chat