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DIR Scope of Work
3.1.2 “Scope of Work” Provisions Published by the DIR. The classification of work subject to a specific, Director-issued wage determination is often a primary area of dispute between DLSE and public works contractors in enforcement proceedings under the prevailing wage laws. In addition to routine factual disputes (such as workers claiming they performed certain duties while the employing contractor claims otherwise), even if the duties performed are not in dispute, the correct classification for that very type of work (and therefore the prevailing rate which applies) may be contested. The Director will make the final determination on the correct classification. (DLSE v. Ericsson Information Services, Inc. (1990) 221 Cal.App.3d 114.) Occasionally, the wage determination itself may include references to specific types of work subject to that determination (such as a particular “Operating Engineer” Group Number referring to a particular type of equipment). Other determinations may not include that level of specificity. When such an issue arises, the Director has typically relied on the Scope of Work provisions published by the OPRL, along with that particular wage determination. It is therefore important that you and your staff review those Scope of Work provisions. It is irrelevant from DLSE’s perspective whether a worker happens to be a member of a union whose CBA provisions are posted by OPRL with the wage determination, or whether an affected contractor is signatory to that CBA. In the prevailing wage context, DLSE does not enforce CBA provisions which may be in effect between public works contractors and one or more labor organizations. The applicable wage rate is determined by the worker’s classification and is based on the work actually performed. Rather, DLSE enforces the rates set forth in the Director’s wage determinations and the Scope of Work provisions may provide guidance in interpreting the determinations. Workers may be reclassified when the duties or work tasks do not accurately reflect the work being performed.
