As we have stressed over the years, not hiring, or attempting to hire apprentices on California public works project can lead to devastating fines:
$148k DIR Fine – Failure to File DAS 140/142 forms
$142K DIR Fine – Failed To Employ Apprentices
Here are a few of California DIRs apprentice hiring requirements:
Contractors working on a public works project valued at $30,000 or more have an obligation to hire apprentices. With few exceptions, this duty applies to all contractors and subcontractors on a project, even if their part of the project is valued at less than $30,000. These exceptions include:
- General contractors whose total contract is worth under $30,000.
- When the craft or trade is not appropriate for apprentices.
- When the contractor holds a sole proprietor license and personally performs all the work from start to finish, unassisted.
- In the case of a federal project when funding does not include any city, county, or state monies and that is not administered, controlled, or carried out by awarding bodies in California.
I am a small subcontractor and my job will take less than 40 hours. Am I exempt from hiring apprentices?
No, you must still submit a DAS 140 and 142. However, you may request apprentices in less than 8 hour increments. Important Notice: see changes in Code of Regulations section 230.1, regarding the employment of apprentices on Public Works
Completing the DAS 140, Boxes 1 – 3
What are the differences between box 1, 2, and 3 at the bottom of the DAS 140?
– Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory/member).
– Box 2 indicates that a contractor is willing to comply with a program’s Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee’s Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours.
– Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same – 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council.
CHECKOUT OUR INFORMATIVE ONLINE COURSES:
**Understanding CA DIR Labor Compliance Rules and Regulations
**Federal Davis-Bacon FAQ’s
**SF Local-Hire Regulations
**Navigating DIR Websites – There’s More There Then You Think!
**CA DIR Prevailing Wages FAQ’s
**Federal Davis-Bacon Contractors Guide
**Consulting – Labor Compliance Group
CONSULTING SERVICES WE PROVIDE
- CA DIR and Davis-Bacon Compliance Training (On-site and Teleconference)
- Review Public Works Pre-Construction Contracts
- Monitor DIR Contractor/Subcontractor Certified Payrolls
- Audit Labor Classification For Each Worker Employed
- Review DIR Pre-DAS 140/142 Submissions
- Review CAC Training Fund Contributions Form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR Wage Determinations
- Audit Fringe Benefits Allowances
- Review DIR Holiday Payment Requirements
- Audit DIR Travel & Subsistence Requirements
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco, Berkeley, Sacramento)
- Explain DIR Skilled and Trained Workforce Requirements
Labor Compliance Group
108 Waterglen Circle, Sacramento, CA 95826
916-234-3958, williams@laborcompliancegroup.com