Reporting Labor Violation On Public Construction Project In California
A worker might require reporting a labor violation on a public construction project in California. Such a worker will require following the set procedures and laws so as to report the violation effectively. Some of the violations that an employer can commit include; failing to pay prevailing wages, failing to pay overtime, failing to pay travel benefits or reimbursements, not classifying pay grades properly and issuing a paycheck that does not have enough funds.
Labor Commissioner
The aggrieved employee will report to the Labor Commissioner who will investigate to make sure that the employer has violated the laws. It is important to report as soon as possible so that the commissioner can complete the investigation within eight months after the completion of the project. The importance of this is that the commissioner cannot act if this period has elapsed.
While filing one needs to provide details such as the general contractor, the employer, the project and the awarding body which is usually the entity that owns the project. One also needs to provide supporting documents which should not be originals for the original documents might not be returned to the worker. After properly filing the complaints one waits for a confirmation which contains even the name of the investigator. In most cases, the complaints are kept confidential but there are certain times when it might be necessary to notify the employer.
The Investigation
The investigation to the complaint will involve interviews which can be done even on the other employees and other people involved with the particular project. If the investigator is to interview the employees the interviews are mostly done away from the site of the project to avoid confusion and to also avoid intimidation by the employer. The investigating officer might also request for some documents such as the payroll.
In case the employer is found guilty the Labor Commissioner will issue a penalty assessment and civil wage which will show the amount of the unpaid wage. These documents also show the penalties that the employer will be required to pay. There is a sixty days chance for appeal where the contractor can appeal if not satisfied.
In case the employer does not win the appeal a date is set by which the employee should have been paid. If the contractor is unable to pay within the set time the commissioner can use other methods such as taking assets of the contractor. Therefore, if there is a labor violation in California and a worker wants to report the worker will just follow the outlined procedure.
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