Bureaucracy - California Style [RE-wrenches]

[Joel Davidson]

Graham and other small PV business owners,
For years, I've told PV professionals to stop bitching about bad PV and deal
with it (talk to the owner, installer, Contractor License Board, Attorney
General). Instead, they have convinced a lot of people that there is a lot
of bad PV being installed and the criticism going to come back and bite us.
Legislators and unions will use the argument that good PV can only be
installed by "real businesses" that pay prevailing wages. It is high time
that Wrenches focus on positive PR about their professionalism and their
work.
Joel Davidson

Graham Owen wrote:

> Matt Lafferty wrote:
>
> One of my thoughts for one direction we should consider is to propose a
> bill that "excludes" systems below a certain size from the Public Works
> requirements and the other burdensome issues.... end of snip

>
> Below I am pasting part of the California Labor Code, which related to
> Public Works.  Paragraph 1771 states that prevailing wages have to be
> paid for all jobs that cost $1,000 or more. Paragraph 1771.5 makes
> holiday pay exceptions for jobs costing less than $25,000.  I think we
> could still have a viable residential PV market if lots of little jobs
> costing less than $25,000 could be installed without the public works
> baggage.
>
> 1771.  Except for public works projects of one thousand dollars
> ($1,000) or less, not less than the general prevailing rate of per
> diem wages for work of a similar character in the locality in which
> the public work is performed, and not less than the general
> prevailing rate of per diem wages for holiday and overtime work fixed
> as provided in this chapter, shall be paid to all workers employed
> on public works.
>    This section is applicable only to work performed under contract,
> and is not applicable to work carried out by a public agency with its
> own forces. This section is applicable to contracts let for
> maintenance work.
>
> 1771.2.  A joint labor-management committee established pursuant to
> the federal Labor Management Cooperation Act of 1978 (Section 175a of
> Title 29 of the United States Code) may bring an action in any court
> of competent jurisdiction against an employer that fails to pay the
> prevailing wage to its employees, as required by this article.  This
> action shall be commenced not later than 180 days after the filing of
> a valid notice of completion in the office of the county recorder in
> each county in which the public work or some part thereof was
> performed, or not later than 180 days after acceptance of the public
> work, whichever last occurs.
>
> 1771.5.  (a) Notwithstanding Section 1771, an awarding body shall
> not require the payment of the general prevailing rate of per diem
> wages or the general prevailing rate of per diem wages for holiday
> and overtime work for any public works project of twenty-five
> thousand dollars ($25,000) or less when the project is for
> construction work, or for any public works project of fifteen
> thousand dollars ($15,000) or less when the project is for
> alteration, demolition, repair, or maintenance work, if the awarding
> body elects to initiate and enforce a labor compliance program
> pursuant to subdivision (b) for every public works project under the
> authority of the awarding body.
>    (b) For the purposes of this section, a labor compliance program
> shall include, but not be limited to, the following requirements:
>    (1) All bid invitations and public works contracts shall contain
> appropriate language concerning the requirements of this chapter.
>    (2) A prejob conference shall be conducted with the contractor and
> subcontractors to discuss federal and state labor law requirements
> applicable to the contract.
>    (3) Project contractors and subcontractors shall maintain and
> furnish, at a designated time, a certified copy of each weekly
> payroll containing a statement of compliance signed under penalty of
> perjury.
>    (4) The awarding body shall review, and, if appropriate, audit
> payroll records to verify compliance with this chapter.
>    (5) The awarding body shall withhold contract payments when
> payroll records are delinquent or inadequate.
>    (6) The awarding body shall withhold contract payments equal to
> the amount of underpayment and applicable penalties when, after
> investigation, it is established that underpayment has occurred.
>
> Graham F. Owen
> GO Solar Company
> 12439 Magnolia Blvd. #132
> North Hollywood,  CA  91607
> phone 818.566.6870
> fax 818.566.6879
> email graham at solarexpert.com
>
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