A worker might require reporting a labor violation on a public construction project in California. Such a worker will require following the set procedures and laws so as to report the violation effectively. Some of the violations that an employer can commit include; failing to pay prevailing wages, failing to pay overtime, failing to pay travel benefits or reimbursements, not classifying pay grades properly and issuing a paycheck that does not have enough funds.

Labor Commissioner

The aggrieved employee will report to the Labor Commissioner who will investigate to make sure that the employer has violated the laws. It is important to report as soon as possible so that the commissioner can complete the investigation within eight months after the completion of the project. The importance of this is that the commissioner cannot act if this period has elapsed.

While filing one needs to provide details such as the general contractor, the employer, the project and the awarding body which is usually the entity that owns the project. One also needs to provide supporting documents which should not be originals for the original documents might not be returned to the worker. After properly filing the complaints one waits for a confirmation which contains even the name of the investigator. In most cases, the complaints are kept confidential but there are certain times when it might be necessary to notify the employer.

The Investigation

The investigation to the complaint will involve interviews which can be done even on the other employees and other people involved with the particular project. If the investigator is to interview the employees the interviews are mostly done away from the site of the project to avoid confusion and to also avoid intimidation by the employer. The investigating officer might also request for some documents such as the payroll.

In case the employer is found guilty the Labor Commissioner will issue a penalty assessment and civil wage which will show the amount of the unpaid wage. These documents also show the penalties that the employer will be required to pay. There is a sixty days chance for appeal where the contractor can appeal if not satisfied.

In case the employer does not win the appeal a date is set by which the employee should have been paid. If the contractor is unable to pay within the set time the commissioner can use other methods such as taking assets of the contractor. Therefore, if there is a labor violation in California and a worker wants to report the worker will just follow the outlined procedure.

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The violation of existing laws of wages on public construction projects is also known as theft of wages. These violations of prevailing laws of wage on public works projects are investigated by the Public Works Unit of the office of the Labor Commissioner. If you know about a labor violation committed by an employer on public construction projects then as a common man you can file a complaint, even if he not connected to that project. These violations may include non-payment of wages, non-payment of overtime, non-payment of benefits and reimbursement of medical bills, wrong classification of pay grade and bounce back of paycheck due to inadequate balance in the account.

When to file violation complaint?

A complaint regarding violation of labor laws in public work projects should be filed with the Labor Commissioner at an earliest. It should be filed within 18 months of completion of the project as it takes time to complete investigations and issuing assessments. The Labor Commissioner cannot entertain your complaint after the lapse of this time period.

How to file a violation complaint on public works?

Anyone can file the complaint with Labor Commissioner if he wants to report about the violation at some public construction project. Employees should complete the Worker Complaint Form for Public Works whereas others can use Pubic Complaint form for this purpose. This complaint form should include complete information about the project of public works, awarding body, employer, and general contractor before submitting it to the office of Labor Commissioner. You will receive a notification regarding the filed complaint with the name of investigating agency or individual.

Process of investigation

The investigator will issue a CWPA or Civil Wage and Penalty Assessment containing the number of wages due and the penalties owed by the employer, contractor or subcontractor. The contractor or employer can file an appeal against this assessment within 10 days. But he will have to pay this amount to the Labor Commissioner if his appeal is rejected.

What to expect during an investigation

The public works projects are minutely monitored by the investigating unit of Public Works Department during the investigation. They also review the time records and payrolls and interview the workers working on the spot to get an actual report regarding the dealings of the employer. They also collect evidence for non-payment of wages while inspecting the workplace.

Thus, a labor violation on a public construction project can be reported in California.

Photo Credit: Shutterstock/ Monticello

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