How to Report a Labor Violation on a Public Construction Project
The violation of existing laws of wages on public construction projects is also known as theft of wages. These violations of prevailing laws of wage on public works projects are investigated by the Public Works Unit of the office of the Labor Commissioner. If you know about a labor violation committed by an employer on public construction projects then as a common man you can file a complaint, even if he not connected to that project. These violations may include non-payment of wages, non-payment of overtime, non-payment of benefits and reimbursement of medical bills, wrong classification of pay grade and bounce back of paycheck due to inadequate balance in the account.
When to file violation complaint?
A complaint regarding violation of labor laws in public work projects should be filed with the Labor Commissioner at an earliest. It should be filed within 18 months of completion of the project as it takes time to complete investigations and issuing assessments. The Labor Commissioner cannot entertain your complaint after the lapse of this time period.
How to file a violation complaint on public works?
Anyone can file the complaint with Labor Commissioner if he wants to report about the violation at some public construction project. Employees should complete the Worker Complaint Form for Public Works whereas others can use Pubic Complaint form for this purpose. This complaint form should include complete information about the project of public works, awarding body, employer, and general contractor before submitting it to the office of Labor Commissioner. You will receive a notification regarding the filed complaint with the name of investigating agency or individual.
Process of investigation
The investigator will issue a CWPA or Civil Wage and Penalty Assessment containing the number of wages due and the penalties owed by the employer, contractor or subcontractor. The contractor or employer can file an appeal against this assessment within 10 days. But he will have to pay this amount to the Labor Commissioner if his appeal is rejected.
What to expect during an investigation
The public works projects are minutely monitored by the investigating unit of Public Works Department during the investigation. They also review the time records and payrolls and interview the workers working on the spot to get an actual report regarding the dealings of the employer. They also collect evidence for non-payment of wages while inspecting the workplace.
Thus, a labor violation on a public construction project can be reported in California.
Photo Credit: Shutterstock/ Monticello