California Employment Law

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We are bidding contract work in California, and it is left…

Customer Question
We are bidding contract...

We are bidding contract work in California, and it is left to the bidder to determine if prevailing wage applies. We need legal consultation on this to make the proper determination and avoid under or over estimating and creating liabilities for fines or assessments

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Negative. We are in the preliminary stages of the solicitation process but a bid must be submitted in three weeks

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should be good for now

Submitted: 3 months ago.Category: California Employment Law
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Answered in 3 hours by:
3/9/2018
California Employment Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: California Employment Law
Satisfied Customers: 2,437
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question this evening. I.m attorney Bill following up on your question that you posted sometime earlier.

A bidding contract allows you to enter your bid as competitively as you agree to; your obligation is to comply with prevailing minimum wage laws where you have employees classified as employees.

Empl

245.5.

As used in this article:

(a) “Employee” does not include the following:

(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.

(4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.

(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities."

The minimum wage provisions in relation to employees are set out by the Department of Industrial Relations here

oyees are defined under labor law as not any of the following:

"

"

Section 245.5 of the Labor Code is amended to read:

245.5.

As used in this article:

(a) “Employee” does not include the following:

(1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.

(2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246.

(4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code.

(b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities.

(c) “Family member” means any of the following:

(1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status.

(2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.

(3) A spouse.

(4) A registered domestic partner.

(5) A grandparent.

(6) A grandchild.

(7) A sibling.

(d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code.

(e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5."

The minimum wage for employees are set out by the Department of Industrial Relations here:

https://www.dir.ca.gov/dlse/SB3_FAQ.htm

Besides these minimum wages your bidding can be as competitive as possible to succeed in getting the contract.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

Ask Your Own California Employment Law Question
California Employment Lawyer: Bill Attorney, Lawyer replied 3 months ago

Dear Customer ,

I was reviewing your question posted and didn't receive a reply from you.

Have you found a legal solution or do you need any further clarification ?

I'm an independent legal expert on this site and receive a credit for my time only after you leave a positive rating.

Your brief time in this regard is appreciated.

By rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

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