Welcome to our newsletter! You will find important updates and industry related news, along with upcoming speaking events and educational opportunities. Thank you for your interest in CCMI.
Sincerely,
Deborah Wilder
CCMI President
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WHATS NEW?
New DIR Director Issues New Ruling on Tree Removal
Katrina Hagen, the California Department of Industrial Relations' new Director, issued a coverage determination declaring that the removal of trees as a result of the Camp Fire is a Public Work. (2020-008; April 29, 2020). For nearly four years agencies relied on a prior DIR decision, Valley Fire Hazard Tree Mitigation (2016-001; Feb 5, 2006), declaring that the removal of trees after a wildfire is not work covered by prevailing wages because it did not change the character of the land and was not routine maintenance.
The Camp Fire Tree Removal decision states that due to climate change and the increase of wildfire as the new normal, clearly of trees is now a regular occurrence each year, and now requires the DIR to recognize such tree removal (when paid for out of public funds) to require the payment of prevailing wages. The decision specifically called out the Valley Fire coverage determination and declares that decision is no longer applicable due to changed circumstances.
Temporary Employment Agencies are Covered by Prevailing Wages
The DIR issued a clarifying ruling for Agencies which hire workers through temporary employment services. El Dorado Irrigation District hired temporary workers from time to time to supplement their own workers to perform certain maintenance and repair work. Director Hagen issued a coverage determination dated April 15, 2020; 2016-023 stating that these workers hired through a temporary agency were required to be paid prevailing wage.
As Agencies scramble to make budgets meet and hope to hire temporary help to get things done, this is not a cost saver. Let me suggest that the better option would be to hire individuals as temporary employees for a set duration, the summer or a set number of hours. Remember, Agency employees are exempt from prevailing wages, but workers hired through a temporary agency are subject to prevailing wages because they are not the Agency's employees.
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UPCOMING SEMINARS AND SPEAKING OPPORTUNITIES
Don't miss out on two training webinars next week:
One for Agencies sponsored by CSDA for Tuesday June 9th 9 a.m. -1 p.m. Still time to sign up:
www.csda.net
The other for Contractors, sponsored by Associated Builders and Contractors Thursday June 11th from 9 am. - 1 p.m..
www.abcnorcal.org
More Upcoming Events:
August 25-27th California Special Districts Association Annual Meeting, Palm Desert. Deborah will likely be speaking on the 26th. To register contact: www.csda.net
October 26-29th Foundation Software Conference originally scheduled for June 2-4 has been rescheduled to October 26-29/ Location: Cleveland, Ohio. Contact
www.foundationsoftware.com for more details. Deborah will likely be speaking October 27th.
November 16-18th LCPtracker's Ignite Conference originally scheduled for June 16-19 has been rescheduled for November 16-18th. Location San Diego. Deborah will be speaking at several breakout sessions on the 17th and 18th . Contact
www.LCPtracker.com for more details.
Want to schedule your own prevailing wage workshop?
We will customize a workshop or webinar for you and your Agency/Company. Contact us at:
info@ccmilcp.com
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FROM THE INBOX....
You asked, we answered!
QUESTION:
A Lesson Worth Repeating: Why do I need to request an apprentice when I do not need one?
ANSWER:
California has enacted some of the strictest apprenticeship rules in the country. If the entire project is over $30,000, then each employer who employs a worker from an apprenticable craft MUST file a DAS-140 not later than the first day worked on the project.
If you check box 2 or 3 you MUST send the form to ALL approved apprenticeship committees for that trade in the county where the project is located. Then, during the course of the project you must request an apprentice using a DAS-142 or similar written request. Until you meet the 1:5 hourly ratio for each trade on your project, you must ask each of the approved apprenticeship committees at least once for an apprentice. If the committees are unwilling or unable to send you an apprentice, then you are excused.
The failure to send this paperwork to EACH of the committees can result in fines of $10,000, $20,000 and even $30,000 for failure to file a piece of paper.
It will not matter that you have paid the correct prevailing wages or sent the forms to one of the committees, or are a small company and just "didn't know", or was trying to do your best. The DIR demands strict compliance or fines are imposed. So, even if you do not want an apprentice, the fine can be substantial. Request an apprentice. In a good economy there are never enough apprentices to go around. If you are dispatched an apprentice, put them to work. If they work well, then you can continue to use them and reap the benefit of the lower apprenticeship wages. If they are not what you are looking for, employ them for the minimum required hours before releasing them. Remember you do not have to employ an apprentice or any worker who arrives under the influence, refuses to comply with safety protocols, or refuses to follow direction.
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New Book: AGC of America's Davis Bacon Compliance Manual, 5th Edition © 2019 is now out. Deborah Wilder is the author.
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CCMI is not just another firm....
We are not merely a "consulting" firm, but rather a team of individuals who understand the needs of the Public Entity and contractors to "get the project done." Our staff includes retired contractors, auditors, attorneys and industry veterans.
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