Here’s a summary of the seminars which will help you understand what type of information is contained within this manual:

The California Prevailing Wage Law imposes a variety of monetary, training, reporting, and paperwork requirements on consultants whose employees and subconsultants and/or subcontractors perform services on "public works" projects and certain types of private construction projects involving public funding or assistance or facilities leased by public agencies. It also contains a number of hidden requirements and traps that can result in significant monetary liability and penalties, as well as possible "debarment," for noncompliance by consultants and their subconsultants and/or subcontractors — even if they are completely oblivious or have been told by the general contractor, developer, or public agency that they or the project are not covered. In addition, union trust funds have been given a statutory right to bring suit "against any employer that fails to pay the prevailing wage to its employees," and an entirely new and more expedited enforcement procedure has been created that requires prompt attention by consultants to avoid the assessment of penalties and back pay.

The high cost of noncompliance should be of particular concern to geotechnical engineering firms. The California Prevailing Wage Law was amended in 2000 and again in 2001, and since 1998 has been interpreted by the Director of the California Department of Industrial Relations, to specifically apply to geotechnical engineering consultants, their soils/material testing and building inspection personnel. It has also been expanded to include the design and pre-construction phase of a public works project, as well as a variety of private construction projects. The term "paid for in whole or in part out of public funds" used in the definition of "public works" also has been significantly expanded to include various types of payments, credits and monetary equivalents provided by the State or public entity.

Do not be mislead by the public agency or what others may say, or wait until you are asked to submit certified payroll records, receive a wage and penalty assessment or are contacted by the Labor Commissioner. The Operating Engineers unions and their affiliated "construction compliance" organizations, current and former employees of your company or other consultants, your competitors, and the California Labor Commissioner have become increasingly aggressive in their pursuit of "non-union" geotechnical firms who may or may not be complying with the multitude of obligations imposed by the California Prevailing Wage Law. Ignorance of the California Prevailing Wage Law will not be an excuse or defense, and noncompliance can be very costly, including substantial "back pay," monetary penalties and attorney’s fees, as well as possible debarment from public works contracts.