๐ป California Prevailing Wage & DIR Compliance
California has the most comprehensive โ and demanding โ prevailing wage program in the country. If you work on public projects in California, compliance isn't optional, and the penalties for getting it wrong are severe.
California's system has teeth. Unlike some states where prevailing wage enforcement is minimal, California's Department of Industrial Relations (DIR) actively investigates, audits, and penalizes. The eCPR system gives them visibility into every payroll you submit. Treat California compliance as seriously as you treat your bonding relationship.
When California Prevailing Wage Appliesโ
The Thresholdโ
California prevailing wage applies to public works projects over $1,000 โ one of the lowest thresholds in the country.
What Counts as "Public Works"?โ
| Project Type | Prevailing Wage Required? |
|---|---|
| State-funded construction | Yes |
| City/county construction | Yes |
| School district construction | Yes |
| Water district / utility projects | Yes |
| Transit / transportation projects | Yes |
| Publicly subsidized private projects (Labor Code ยง1720.2) | Yes โ if public subsidy is "significant" |
| Private projects on public land | Often yes |
| Maintenance work on public facilities | Yes (if over $1,000; hauling over $1,000) |
| Emergency repairs | Exempt in some cases |
| Purely private work | No |
Some projects that appear private may trigger prevailing wage if they receive public subsidies, tax incentives, or public land use agreements. AB 2011 and SB 35 housing projects have their own prevailing wage requirements. Always verify the funding and land ownership before assuming prevailing wage doesn't apply.
DIR Registration (PWC Registration)โ
Who Must Register?โ
Every contractor and subcontractor working on California public works must register with DIR as a Public Works Contractor (PWC).
| Requirement | Details |
|---|---|
| Registration type | PWC (Public Works Contractor) |
| Cost | $400/year (as of 2024) |
| Renewal | Annual โ registration expires June 30 each year |
| Who registers | Every tier โ prime, sub, sub-sub |
| When to register | Before submitting a bid or being listed on a bid |
| Penalty for non-registration | Contract is void; penalties up to $100/day |
How to Registerโ
- Go to dir.ca.gov/Public-Works/Contractor-Registration.html
- Create an account (or log in)
- Enter company information, license number, workers' comp info
- Pay the $400 annual fee
- Keep registration current โ it must be active throughout the project
SB 854 Requirementsโ
SB 854 (2014) added major registration and compliance requirements:
| SB 854 Requirement | Details |
|---|---|
| PWC registration | Required to bid or work on public projects |
| eCPR filing | Must submit certified payroll electronically to DIR |
| Listing | Subs must be registered at time they're listed in the prime's bid |
| No work without registration | Unregistered contractors must stop work |
| Awarding body reporting | Agencies must report project awards to DIR |
California Wage Determinationsโ
Where to Find Ratesโ
California prevailing wage rates are published by DIR's Office of Policy, Research and Legislation (OPRL):
- Go to dir.ca.gov/oprl/DPreWageDetermination.htm
- Select the determination type (General, Residential, etc.)
- Select the craft/classification
- Select the county (rates vary by county)
- Review the rate, effective date, and expiration date
Reading a California Determinationโ
A typical California rate entry:
| Component | Amount |
|---|---|
| Basic hourly rate | $54.00 |
| Health & Welfare | $15.50 |
| Pension | $13.25 |
| Vacation/Holiday | $5.00 |
| Training | $0.85 |
| Other | $0.50 |
| Total hourly rate | $89.10 |
Key Differences from Federal Ratesโ
| Feature | Federal (Davis-Bacon) | California (DIR) |
|---|---|---|
| Rate source | DOL via SAM.gov | DIR via dir.ca.gov |
| Lock-in | Rates locked at bid opening | Rates may expire during project โ must pay updated rates |
| Expiration | No expiration within contract | Rates expire on specific dates |
| Updates | Periodic surveys | Can change semi-annually or annually |
| Overtime base | OT on basic rate only | OT on basic rate + certain fringes |
| Dual coverage | If federal $ involved, both apply โ pay the higher rate | Same |
Unlike federal rates, California prevailing wage rates expire on a specific date. If the rate expires mid-project, you must start paying the new rate as of the expiration date. Set up rate expiration alerts โ this is one of the most common California compliance violations.
Electronic Certified Payroll Reporting (eCPR)โ
What Is eCPR?โ
California requires all certified payroll reports to be submitted electronically through DIR's online system. Paper certified payroll is no longer sufficient for state compliance.
Filing Requirementsโ
| Requirement | Details |
|---|---|
| Who files | Every contractor and sub on the project |
| Frequency | For each pay period |
| Deadline | Within 30 days of the last day of the pay period |
| Format | XML upload or manual entry via DIR portal |
| Content | Same as WH-347 plus California-specific fields |
eCPR Required Fieldsโ
Each eCPR record must include:
| Field | Details |
|---|---|
| Project information | PWC number, project name, awarding body |
| Contractor information | License number, DIR registration number |
| Worker information | Name, address, last 4 of SSN, classification |
| Hours by day | Daily hours breakdown for the work week |
| Pay rates | Basic rate, fringe rates, total rate |
| Gross wages | Total compensation |
| Deductions | Taxes, union dues, garnishments |
| Net wages | Take-home pay |
| Fringe payments | Amounts paid to each trust fund or as cash |
| Apprentice information | Program, period, ratio |
eCPR Filing Methodsโ
| Method | Best For |
|---|---|
| DIR online portal | Small contractors with few workers |
| XML upload | Larger contractors with payroll software |
| Software integration | Contractors using prevailing wage time tracking software |
Manual eCPR entry is time-consuming and error-prone. If you do more than occasional public works, invest in software that generates eCPR-compliant XML files directly from your time tracking data. The time savings and error reduction pay for the software quickly.
California Apprenticeship Requirementsโ
Mandatory Apprentice Employmentโ
California requires contractors on public works to employ registered apprentices:
| Requirement | Details |
|---|---|
| Ratio | Minimum 1 apprentice per 5 journeymen (1:5 ratio) in each craft |
| Registration | Apprentices must be enrolled in a California-approved apprenticeship program |
| Request | Must request apprentice dispatch from an approved program within 72 hours |
| Exemption | If the approved program cannot fill the request, you're exempt from the ratio |
| Reporting | DAS 140 (contract info) and DAS 142 (request for dispatch) forms required |
DAS Formsโ
| Form | Purpose | When to File |
|---|---|---|
| DAS 140 | Notify the apprenticeship committee of the contract award | Within 10 days of award |
| DAS 142 | Request dispatch of apprentices | At least 72 hours before needed |
Apprentice Prevailing Wage Ratesโ
Apprentices on California public works must be paid the apprentice prevailing wage rate for their period:
| Apprentice Period | Typical % of Journeyman Rate |
|---|---|
| 1st period | 40โ50% |
| 2nd period | 50โ55% |
| 3rd period | 55โ60% |
| 4th period | 60โ70% |
| 5th period | 70โ75% |
| 6th period | 75โ80% |
| 7th period | 80โ85% |
| 8th period | 85โ90% |
Exact percentages vary by trade and program.
Apprentice Fringe Requirementsโ
Apprentices must receive:
- Health & Welfare โ Same rate as journeyman (in most crafts)
- Pension โ Same rate as journeyman (in most crafts)
- Vacation โ Varies by program
- Training โ Same rate as journeyman
California Overtime Rulesโ
California prevailing wage overtime rules are more complex than federal rules:
Daily Overtimeโ
| Hours | Rate |
|---|---|
| First 8 hours/day | Straight time |
| Over 8 to 12 hours/day | 1.5ร (overtime) |
| Over 12 hours/day | 2ร (double time) |
| 7th consecutive day, first 8 hours | 1.5ร |
| 7th consecutive day, over 8 hours | 2ร |
Saturday / Sunday / Holidayโ
| Day | Rate (Typical) |
|---|---|
| Saturday (first 8 hrs) | 1.5ร (varies by determination) |
| Saturday (over 8 hrs) | 2ร |
| Sunday | 2ร |
| Holidays | 2ร |
What Gets the Overtime Premium?โ
In California, overtime on prevailing wage is generally calculated on the base hourly rate โ but check the specific wage determination, as some include certain fringe components in the overtime calculation.
On projects with both federal (Davis-Bacon) and California prevailing wage coverage, you must pay the higher rate for each classification. This typically means California rates (which are usually higher) plus the stricter of the two sets of rules.
Penalties for Violationsโ
California prevailing wage penalties are among the harshest in the country:
| Violation | Penalty |
|---|---|
| Paying below prevailing wage | Back pay + penalty of $200/day per worker |
| Not filing eCPR | $100/day per worker |
| Late eCPR filing | $100/day per worker |
| Falsifying certified payroll | Criminal penalties + debarment |
| Using unregistered subs | Penalty + contract may be void |
| Not employing apprentices | Civil penalty + back pay at journeyman rate |
| Repeat violations | Debarment from public works for up to 3 years |
| Willful violations | Criminal prosecution possible |
Debarmentโ
Contractors found to have committed willful violations can be debarred from California public works for up to 3 years. Debarment means:
- Cannot bid on public works projects
- Cannot work as a subcontractor on public works
- The debarment list is public (DIR publishes it online)
- Debarment is sometimes based on violations by your subcontractors
Compliance Checklistโ
Before the Projectโ
- Verify DIR PWC registration is current (renew annually by June 30)
- Obtain the correct wage determination for the project county and type
- Note rate expiration dates and set alerts
- File DAS 140 within 10 days of contract award
- File DAS 142 to request apprentice dispatch (72 hours before needed)
- Verify all subcontractors are DIR-registered
- Set up eCPR filing (portal access or software)
During the Projectโ
- Track daily hours by classification for each worker
- Pay prevailing wage rates (verify against current determination)
- File eCPR within 30 days of each pay period
- Maintain apprentice-to-journeyman ratios
- Monitor rate expirations and update rates when they change
- Review subcontractor eCPR filings
- Post the wage determination at the jobsite
After the Projectโ
- Complete all final eCPR filings
- Retain payroll records for minimum 3 years (recommended: 5+ years)
- Retain eCPR confirmation receipts
- Respond promptly to any DIR audit or complaint investigations
Common California Compliance Mistakesโ
| Mistake | How to Avoid |
|---|---|
| Expired wage rates | Set calendar alerts for expiration dates; check rates monthly |
| Missing eCPR filings | File immediately after each pay period โ don't batch them |
| Unregistered subcontractors | Verify DIR registration before listing subs in your bid |
| No apprentice dispatch request | File DAS 142 even if you don't think apprentices are available |
| Classification errors | Use daily time records that capture classification per task |
| Paying fringes as cash without tracking shortfall | Calculate fringe credits accurately using actual benefit costs |
| Not posting wage determination | Post at a conspicuous location on the jobsite |
Related Resourcesโ
California Compliance Hubโ
- California Compliance Hub โ All California-specific compliance guides
- Cal/OSHA vs. Federal OSHA โ Safety requirement differences
- CSLB License Guide โ Contractor licensing in California
- DIR Registration & Compliance โ Public works registration details
- SB 727: Subcontractor Liability โ Wage theft liability for subs
- Bay Area Building Departments โ Silicon Valley permit processes
General Resourcesโ
- Prevailing Wage Guide โ Federal and state prevailing wage overview
- Worker Classifications โ Getting classifications right
- Fringe Benefits in Construction โ Fringe calculation and reporting
- Apprenticeship Programs โ California apprentice requirements
- Certified Payroll Guide โ WH-347 and reporting basics
- Government Contracts Guide โ Public works bidding and management