Records Request Overdue: Contractors’ Payroll Records

By: Libi Uremovic| Original Article at Patch.com

A Public Records Request was submitted to the City of Beaumont for the Payroll Records of Urban Logic Consultants and Utility Partners. These companies are required by law to furnish their Payroll Records to the City.

There are additional State Laws regulating Public Utilities. Because Urban Logic and Utility Partners are Public Works Contractors they are required to submit Certified Payroll Records.

Beaumont Finance Director, William Aylward, should know the law and have these records on file. As City Attorney; the Law Firm of Aklufi/Wysocki should have advised the Finance Director that these documents are an important tool in assessing the competence of the Contractors’ Staff and the validity of the Invoices submitted.

http://www.dir.ca.gov/dlse/PWManualCombined.pdf

Contractors’ Obligations To Maintain and Furnish Records: Labor Code § 1776(a) requires each public works contractor and subcontractor to keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual wages paid to each worker.

The “work classification” refers to the craft classification (or type of work performed) as fixed by the Director and specified by title on the prevailing wage determinations published and maintained by the OPRL. (Labor Code § 1773 and 8 CCR § 16203.)

Payroll records which do not identify the Director’s specified title (e.g., records which only identify a worker by status, such as “journeyman” or “apprentice” or “partner,” and do not refer to the Director’s published classification, such as “Laborer Group 1” or “Carpenter”) are inadequate.

Payroll records shall be on forms provided by the DLSE or in a manner containing the same information as the forms provided by the DLSE. The DLSE form (DIR Form A-1-131) is available on the DLSE website in the Public Works/prevailing wage section.

The payroll records may consist of printouts that are maintained as computer records so long as the printouts contain the same information as the DLSE forms. The required certification language is also on the DLSE website.
3.1.1 Payroll Records Must be Certified: Labor Code § 1776(b) requires that payroll records, as defined above, shall be “certified,” that is, verified by written declaration made under penalty of perjury, that the information contained in the- 12 -June 2014Division of Labor Standards Enforcement Public Works Manualrecords is true and correct. (8 CCR § 16000.) The certification language is found on the back of the form furnished by the DLSE. Payroll records furnished to DLSE which are not certified are inadequate.