February 05, 2019
When replying, please refer to case #03-666122
CITY OF SAN DIEGO City of San Diego 1200 Third Avenue, Suite 200 San Diego, CA 92101-4195
Project: Mission Hills/Hillcrest Branch Library DESIGN/BUILD 209-21 W Washington St SAN DIEGO CA 92101
GENERAL CONTRACTOR: License #: 957645 ONYX BUILDING GROUP INC ONYX BUILDING GROUP INC 555 RALEIGH AVE EL CAJON, CA 92020
SUB-CONTRACTOR: License #: 957645 ONYX BUILDING GROUP INC 555 RALEIGH AVE EL CAJON, CA 92020
In accordance with Labor Code § 1776, the Center for Contract Compliance requests copies of the above noted sub-contractor’s certified payroll records from beginning to end and fringe benefit statement. As a Joint Labor-Management Committee, the worker names and addresses shall not be omitted pursuant to Labor Code § 1776(e). These records are not available through the Department of Industrial Relation’s (DIR) E-CPR payroll system because the system omits this required information. Please note, the E-CPR system has not replaced obtaining these records through the awarding body under Labor Code § 1776(b)(3). Our office will gladly pay the reproduction costs provided by California Code of Regulations § 16402, which “shall be $1 for the first page of the payroll record and 25 cents for each page thereafter, plus $10 to the contractor or subcontractor for handling costs.” Pursuant to Labor Code §1776(h), the contractor has 10 days to comply with this request or is subject to a $100 per day penalty, for each worker, until the records are properly submitted. We urge your agency to encourage compliance by collecting these penalties, and to promote fair and responsible contracting. In addition, under Labor Code § 1771.1(c), a contractor may also be barred from public works projects for failing to provide the records. If needed, the contractor can download the payroll reporting forms and fringe benefit statement on the DIR’s website at: www.dir.ca.gov/Public-Works/Resources.htm. If you have any questions, please contact our office at (858) 277-8989 ext. 602 or by e-mail at JoseS@socalccc.org.
Sincerely, Jose Sanchez