San Jose Municipal Code Part 2 Prevailing Wage Requirements

Except to the extent modified in Section 14.09.110 of this Code, California Labor Code Sections 1720 through and including 1782, as the state legislature may amend those sections from time to time, shall apply to every contract entered into by the city that involves a public works that is a municipal affair.

(Ord. 29510.)

For public works that are a municipal affair, the city prevailing wage ordinance includes the following modifications to the following Labor Code sections:

A. Labor Code Section 1736: Labor Code Section 1736 addresses the confidentiality of an employee reporting a violation. The reference in Section 1736 to "the Division of Labor Standards Enforcement" shall be read as a reference to the "the Division of Labor Standards Enforcement and the City Compliance Officer."

B. Labor Code Section 1775: Labor Code Section 1775 addresses the penalties applicable to a contractor or subcontractor for paying less than the prevailing wage rates. The references in Section 1775 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

C. Labor Code Section 1776(h): Labor Code Section 1776(h) addresses the penalty for failing to timely provide required payroll records. The reference in Section 1776(h) to "the Division of Labor Standards Enforcement" shall be read as a reference to "the Division of Labor Standards Enforcement or the City Compliance Officer."

D. Labor Code Section 1777.7: Labor Code Section 1777.7 addresses the penalties applicable to a contractor or subcontractor for noncompliance with apprentice requirements. The references in Section 1777.7 to "the Labor Commissioner" shall be read as a reference to the "the Labor Commissioner or the City Compliance Officer."

(Ord. 29510.)

The prevailing wage provisions set forth in this chapter are applicable to all contracts in which the cost of the public works that is a municipal affair exceeds one thousand dollars.

(Ord. 29510.)

This chapter shall be effective retroactive to January 1, 2015.

(Ord. 29510.)