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Public Works

86 questions
32. Maria's masonry company is bidding on a $1,500 project to repair a privately owned strip mall. The owner is paying entirely with private funds. Are prevailing wages required?
a.Yes, because the contract is over the $1,000 line
b.No, the work is not paid for out of public funds✓
c.Yes, because all California construction requires it
d.Only if the city issues a building permit for the job

Labor Code §1720(a)(1) makes public funding the test: prevailing wage attaches to work done under contract and paid for in whole or in part out of public funds. A privately owned strip mall paid for entirely with private money is not a public work, so the §1771 threshold never comes into play. The $1,000 figure only marks where prevailing wage begins on work that is already public, and it does not convert a private job. No statute imposes prevailing wage on all California construction. A building permit is a code-enforcement act and spends no public money on the project.

Labor Code §1720(a)(1); §1771
33. DIR's prevailing wage determinations on public works are issued by craft and locality and are generally updated:
a.Once every five years
b.Only when the legislature amends the Labor Code
c.Semi-annually (twice each year)✓
d.Daily, based on union dispatch rates

Under Labor Code §1773, the Director of Industrial Relations determines per-craft, per-county prevailing wage rates and publishes general determinations on a semi-annual schedule (typically February 22 and August 22 each year), with special determinations as needed.

Labor Code §1773
34. Under current Labor Code §1776 procedures, how must contractors on most California public works projects submit their certified payroll records to the Labor Commissioner?
a.By certified U.S. mail to the Labor Commissioner
b.By hand-delivered paper copies to the awarding body
c.By fax to the nearest labor standards office
d.Electronically, through the DIR's eCPR system✓

Labor Code §1771.4(a)(3) requires each contractor and subcontractor on a monitored project to furnish the §1776 records directly to the Labor Commissioner, in an electronic format in the manner prescribed on the department's website, at least once every 30 days while work continues and once more within 30 days of the last day worked. Certified mail reaches the right office in the wrong form. Paper to the awarding body is the common error: the awarding body still receives records on request under §1776(b), but that does not satisfy the §1771.4 duty. Fax is not a prescribed format at all.

Labor Code §1771.4(a)(3); §1776(c)
35. If a DIR audit on a public works project finds that a contractor underpaid prevailing wages, what is the awarding body authorized to do under Labor Code §1726?
a.Withhold enough from progress payments to cover it✓
b.Cancel the contract immediately, with no process at all
c.Refer the contractor for criminal prosecution instead
d.Do nothing, since only the DIR may act on this

Labor Code §1726 and §1727 make the awarding body withhold from progress or final payments the wages, penalties and forfeitures the Labor Commissioner has assessed, and hold them until the assessment is resolved, so the money stays available to the underpaid workers. Cancelling the contract is a remedy for breach and is governed by the contract's own default and notice provisions, not by a wage audit. Prevailing wage enforcement is civil, so a criminal referral is not the ordinary route. And the awarding body is not a bystander: withholding is its own statutory duty once it is notified.

Labor Code §1726(a); §1727
36. Under Labor Code §1735, a contractor on a public works project who refuses to hire a qualified worker because of the worker's race, national origin, or sex:
a.Has no liability at all, since hiring choices are private
b.Violates the Labor Code and forfeits a statutory penalty✓
c.Must attend training and may keep bidding as before
d.Loses only the right to have retention released

Labor Code §1735 forbids discrimination on public works on the basis of race, religious creed, colour, national origin, ancestry, physical disability, medical condition, marital status, sex, age or sexual orientation, and imposes a forfeiture for each offence on top of any other remedy the worker may have. Private hiring discretion is no defence, because the contractor took public money. Training is a settlement term a party may agree to, not the statutory consequence. And retention release is governed by Public Contract Code §7107, which has nothing to do with discrimination.

Labor Code §1735
37. Under Labor Code §1771.4, when a contractor is awarded a public works project subject to DIR compliance monitoring, the contractor must post job-site notices regarding:
a.Only the Cal/OSHA safety posters for the trades on site
b.Only the contractor's CSLB licence number and address
c.Prevailing wage rates and worker rights, per DIR✓
d.Nothing at all, because the posting rule has been repealed

Labor Code §1771.4(a)(2) requires the awarding body, or the prime contractor at its direction, to post job-site notices as prescribed by regulation, and 8 CCR §16451(d) sets out the DIR notice covering the prevailing wage requirement, the duty to keep certified payroll, and where a worker can complain. Cal/OSHA posters are separately required and do not discharge this duty. A licence number belongs on the contractor's vehicles and contracts under B&P §7030.5, not on this notice. The requirement is current, not repealed, and is one of the conditions of DIR monitoring.

Labor Code §1771.4(a)(2); 8 CCR §16451(d)
38. A material supplier on a $400,000 California public works project has not been paid by the subcontractor that ordered the materials. To recover from the payment bond required by Civil Code §9550, the supplier should:
a.File a mechanics lien against the public building
b.Sue the awarding body directly for breach of contract
c.Wait for the awarding body to release retention
d.Make a timely written claim on the prime's payment bond✓

Civil Code §9550 requires the direct contractor on a public works contract over $25,000 to give a payment bond before starting, and it exists for exactly this claimant: a supplier who dealt with a subcontractor and cannot lien public property. The claim must be made and suit filed within the §9558 window, which closes six months after the stop-notice period ends. A lien on the school or city building (a) is void. The supplier has no contract with the awarding body, so a direct breach claim (b) fails for want of privity. And waiting for retention (c) is the trap: retention released under Public Contract Code §7107 goes to the prime contractor, not to a supplier two tiers down, so the wait runs the §9558 clock out on the only remedy that would have worked.

Civil Code §9550; §9558; Public Contract Code §7107
39. On a public works job, an electrical contractor employs 5 journeyman electricians for a full 40-hour week (200 journeyman hours). Under Labor Code §1777.5's standard 1:5 ratio, the minimum apprentice hours the contractor must employ that week is:
a.40 apprentice hours✓
b.20 apprentice hours
c.8 apprentice hours
d.0 — apprentices are optional

The §1777.5 ratio requires at least 1 hour of apprentice work for every 5 hours of journeyman work. With 200 journeyman hours, the contractor must employ apprentices for at least 200 ÷ 5 = 40 hours, drawing from a state-approved apprenticeship program.

Labor Code §1777.5
40. A contractor is awarded a $200,000 public works contract subject to DIR compliance monitoring. To whom must the contractor furnish electronic copies of certified payroll records?
a.The county recorder for the county where the work is
b.The local building official, before each payment
c.Only the awarding body that issued the contract
d.The Labor Commissioner, through the DIR eCPR portal✓

Labor Code §1771.4(a)(3) makes each contractor and subcontractor on a monitored project furnish the §1776 records directly to the Labor Commissioner, electronically, in the manner prescribed on the department's website, at least every 30 days while work continues. Sending them only to the awarding body is the common error: that body still receives records on request under §1776(b), but that does not discharge the §1771.4 duty. The county recorder takes recorded notices, never payroll. Building officials check code compliance, not wages.

Labor Code §1771.4(a)(3)
41. A contractor on a covered public works project must contract with an approved apprenticeship program by submitting which form to the program before starting work?
a.DAS-1, filed within 30 days of project completion
b.PWC-100, sent by the prime to the awarding body only
c.Form A-1-131, sent to CSLB headquarters in Sacramento
d.DAS-140, to each applicable apprentice committee✓

Under Labor Code §1777.5 and 8 CCR §230(a), the contractor gives written notice of the contract award on a DAS-140 to the apprenticeship committee of each craft in the area of the site, within 10 days of the award and before work starts. The DAS-1 is the apprentice's own registration agreement, not a contract-award notice. The PWC-100 is the awarding body's filing with the DIR under §1773.3, not the contractor's. There is no CSLB form in this chain at all; apprenticeship is administered by the Division of Apprenticeship Standards.

Labor Code §1777.5; 8 CCR §230(a)

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42. If no apprenticeship program in the craft and county dispatches apprentices when requested by a public works contractor, the contractor must:
a.Pay double the journeyman wage for every slot left unfilled
b.Request a CSLB waiver within 5 days
c.Hire non-union workers at the apprentice rate
d.Send a DAS-142 request at least 72 hours before needed✓

8 CCR §230.1(a) requires the contractor to request dispatch of apprentices from the applicable committee on a DAS-142 at least 72 hours, excluding weekends and holidays, before apprentices are needed on the job; a committee that then fails to dispatch leaves the contractor covered by its documented request. No statute imposes a double journeyman wage for an unfilled slot. Waivers under §1777.5 come from the Division of Apprenticeship Standards, not the CSLB Registrar. And paying anyone the apprentice rate who is not a registered apprentice is itself a prevailing wage violation.

Labor Code §1777.5; 8 CCR §230.1(a)
43. Certified payroll records on a public works project must be retained by the contractor for at least how long?
a.Three years after completion of the work✓
b.Until the awarding body releases the retention
c.Two years after final acceptance of the work
d.One year after the completion notice

Labor Code §1771.4(a)(4) fixes the period at three years after completion of the work, and §1174(d) requires payroll records generally to be kept at least three years, so the two rules agree. The shorter periods would let records disappear while an assessment or a §1741 review is still live. Tying retention of the records to release of the retention money confuses two different things that share a word: retention proceeds are governed by Public Contract Code §7107 and are usually released within 60 days of completion, long before the record-keeping duty ends.

Labor Code §1771.4(a)(4); §1174(d)
44. Under Labor Code §1771.5, a public agency may exempt a public works project from prevailing wage requirements only if the project does not exceed:
a.$1,000 for any public work, with no exception at all
b.$25,000 for construction, $15,000 for repair, with an LCP✓
c.$100,000 for projects awarded to certified small businesses
d.$50,000 for any project funded from local revenue

Labor Code §1771.5(a) lets an awarding body skip prevailing wage only if the Director has approved it to run a labor compliance program, and then only on construction of $25,000 or less, or alteration, demolition, repair or maintenance of $15,000 or less. The $1,000 line is §1771's general floor: below it no prevailing wage is owed at all, so it is not an exemption the agency elects. The $50,000 and $100,000 figures appear nowhere in the statute, and small-business status waives nothing.

Labor Code §1771.5(a); §1771
45. California's general prevailing wage requirement applies to public works projects exceeding what threshold?
a.$500 for any public work
b.$5,000 for new construction
c.$1,000 for all public works (the general statutory threshold)✓
d.$25,000 for new construction and $15,000 for repair/maintenance, regardless of labor compliance program

Labor Code §1771 establishes the baseline rule that prevailing wages must be paid on all public works projects of more than $1,000. The higher $25,000/$15,000 thresholds in option D apply only to awarding bodies that have adopted an approved labor compliance program under §1771.5; without such a program, the $1,000 default of §1771 applies. The $500 and $5,000 figures are not statutory thresholds. This $1,000 floor is one of the most heavily tested numbers on the Business & Law exam.

Labor Code §1771
46. Under Labor Code §1775, what is the maximum statutory penalty per worker per day for a contractor's willful underpayment of prevailing wages on a public works project?
a.Ten percent of the contract price, however many workers
b.Triple the underpaid wages, payable to the worker
c.$50 per worker per day, capped at $5,000 a project
d.Up to $200 per worker per day, plus back pay✓

Labor Code §1775(a) lets the Labor Commissioner assess up to $200 for each worker for each calendar day of underpayment, on top of the wage difference owed to the worker, with the amount set by the gravity of the offence and the contractor's history. A percentage of the contract price is not in §1775 and would make the penalty independent of how many workers were shortchanged. Treble damages belong to other wage statutes, not to this one. The $50 rate with a $5,000 project cap borrows the shape of the §1771.4 records penalty and applies it to the wrong violation.

Labor Code §1775(a)
47. On a California public works contract, after the awarding body accepts the work as complete, retention proceeds must generally be released to the prime contractor within:
a.120 days after final acceptance of the work
b.90 days, with no penalty for a late release
c.30 days, or interest runs at the legal rate
d.60 days after completion, or 2% a month accrues✓

Public Contract Code §7107(c) requires the public entity to release retention within 60 days after the date of completion, and §7107(f) charges 2 percent per month on any amount improperly withheld, in lieu of other interest, plus attorney's fees to the prevailing party in a collection action. The 90- and 120-day answers exceed the statutory window, and the penalty for delay is not optional. The 30-day figure borrows from progress-payment timing; §7107(d) does give the prime seven days to pass the retention down to its subs, which is a different clock.

Public Contract Code §7107(c), (f)
48. Under California's Subletting and Subcontracting Fair Practices Act, a prime contractor bidding on a public works project must list each subcontractor whose work exceeds:
a.$25,000 of work in any single trade or category
b.$10,000 or 5% of the total bid, whichever is more
c.One-half of 1% of the prime contractor's bid✓
d.10% of the prime's bid for a single trade

Public Contract Code §4104(a)(1) requires the prime to set out in its bid the name, place of business, California licence number, DIR registration number and portion of work of each subcontractor whose work exceeds one-half of 1 percent of the prime's total bid. Street and highway work has its own variant — one-half of 1 percent or $10,000, whichever is greater — which is where the $10,000 in another option comes from, but the percentage there is still one-half of 1 percent, not 5 percent. The $25,000 and 10 percent figures are not in the statute; listing wrongly can cost the contract under §4110.

Public Contract Code §4104(a)(1)
49. After bid opening on a public works project, the prime contractor wants to substitute a different subcontractor for one listed in the bid. Under Public Contract Code §4107, the substitution is generally permitted only if:
a.The listed sub agrees in writing and takes a kill fee
b.The prime notifies the agency and the new sub bids lower
c.The swap happens before the contract is even signed
d.A statutory ground applies and the sub may object to it✓

Public Contract Code §4107(a) permits substitution only on a listed ground — the sub refuses to execute the subcontract, becomes insolvent, fails to perform, is not properly licensed, and so on — and only after the awarding body gives the listed subcontractor written notice and at least five working days to object and request a hearing. A lower price from a replacement is bid shopping, which the Act exists to stop, and notice alone does not authorise it. The listed sub's agreement is not required when a ground exists, and a payment for stepping aside is not one of the grounds. Signing day changes nothing: listing binds from bid opening.

Public Contract Code §4107(a)
50. Under Labor Code §1777.5 and Title 8 CCR §230.1, the apprentice-to-journeyman ratio on a public works project for the craft in question is generally:
a.One apprentice hour per five journeyman hours✓
b.One apprentice for each journeyman on every shift
c.Two apprentices for every journeyman, at all times
d.Whatever ratio the prime finds convenient on the site

Labor Code §1777.5(g) and 8 CCR §230.1 require at least one hour of apprentice work for every five hours of journeyman work in the craft, computed over the duration of the project rather than shift by shift, unless the approved standard for that craft sets a different ratio. One-for-one on every shift both inflates the ratio and applies the wrong measuring period. Two apprentices per journeyman inverts the relationship entirely. And the ratio is not the prime's to choose: missing it without a documented DAS-142 dispatch request draws §1777.7 penalties and possible debarment.

Labor Code §1777.5(g); 8 CCR §230.1(a)
51. California's prevailing wage on public works projects, under Labor Code §1773.1, consists of:
a.The basic hourly rate plus employer fringe payments✓
b.Cash wages plus federal H-2A migrant-worker benefits
c.The basic hourly rate only, paid entirely in cash
d.The basic hourly rate plus a flat 50% as fringe

Labor Code §1773.1(a) defines per diem wages as the basic hourly rate plus employer payments for health and welfare, pension, vacation and holiday, apprenticeship or other training, worker protection and assistance programs, and industry advancement and collective bargaining administration — each as set in the Director's determination for that craft and county. Cash-only fails because the fringe components are part of the required total, not a bonus. There is no flat percentage: the fringe amount comes from the determination, not from arithmetic. And H-2A is a federal farm-labour program with nothing to do with construction public works.

Labor Code §1773.1(a)
52. A Project Labor Agreement (PLA) on a California public works project is generally:
a.Permitted where the PLA meets PCC §2500's criteria✓
b.Required on every state-funded project over $1 million
c.Prohibited as discriminatory against non-union firms
d.Permitted only on federally funded public jobs

Public Contract Code §2500 lets an awarding body use a project labor agreement so long as the agreement takes bids from union and non-union contractors alike, recognises the workers' right to choose representation, bars strikes and lockouts, sets a dispute procedure, and binds every contractor and subcontractor on the project. A PLA is therefore neither prohibited nor limited to federal work. Nor is it compulsory at any dollar figure: the choice belongs to the awarding body. Section 2503 goes the other way, conditioning state construction funding for charter cities that forbid project labor agreements.

Public Contract Code §2500; §2503
53. California prevailing wage requirements generally apply to public works projects when the project cost exceeds:
a.$100,000
b.$1,000✓
c.$25,000
d.$100

Under Labor Code §1771 and §1720, prevailing wages must be paid on public works projects over $1,000. (A narrow exception allows a $15,000/$25,000 threshold only for certain projects when a local agency has an approved labor compliance program.) The general trigger is the $1,000 threshold.

Labor Code §1720
54. Who determines the applicable prevailing wage rates for a California public works project?
a.The federal Department of Labor, under the Davis-Bacon Act
b.The awarding body's board, by resolution at the award
c.The Director of the Department of Industrial Relations✓
d.The craft's union, through its local dispatch hall

Labor Code §1770 and §1773 charge the Director of the Department of Industrial Relations with determining the general prevailing rate of per diem wages for each craft and locality. The U.S. Department of Labor sets Davis-Bacon rates, but those govern federally funded contracts, not California public works. The awarding body files the project notice and withholds for violations; it has no power to set the rate by resolution. Union dispatch rates are data the Director may weigh, not the determination itself.

Labor Code §1770; §1773
55. Before bidding on or being awarded a California public works contract, a contractor generally must be:
a.Listed with the CSLB as a certified public works contractor
b.Bonded by the awarding body for twice the contract amount
c.Registered with the Department of Industrial Relations✓
d.Approved in advance by the Division of Apprenticeship Standards

Labor Code §1725.5 requires a contractor or subcontractor to register with the DIR, and pay the annual fee, before it may bid on, be listed on a bid for, or perform public work subject to prevailing wage. The CSLB issues the licence but runs no public works registration or certification, so that option names an agency that has no such programme. A bond of twice the contract amount is not a bidding prerequisite; bonding comes from the call for bids and Civil Code §9550. The Division of Apprenticeship Standards approves apprenticeship programmes, not contractors.

Labor Code §1725.5
56. Contractors on California public works must keep and submit 'certified payroll records' that document:
a.Each trade's total crew hours and weekly wages paid
b.The contract price, approved change orders, and retention held
c.Each worker's name, classification, hours, and wages paid✓
d.Each worker's hours and the awarding body's payment dates

Labor Code §1776(a) requires records showing, for each individual worker, the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid, verified under penalty of perjury. Crew or trade totals fail because the record is per worker per day, not per crew. Contract price, change orders and retention are accounting for the contract, not payroll for the workers. The awarding body's payment dates belong to the progress-payment record, not to the certified payroll.

Labor Code §1776(a)
57. On many California public works projects, contractors are required to employ registered apprentices and comply with:
a.Davis-Bacon apprentice rules issued by the U.S. Labor Department
b.A CSLB apprenticeship endorsement for each apprentice on site
c.One apprentice for every journeyman on each daily shift
d.Approved-program dispatch, the ratio, and training funds✓

Labor Code §1777.5 requires the contractor to request dispatch from an approved apprenticeship programme, employ apprentices at the required ratio, and make training fund contributions. Davis-Bacon apprentice rules apply to federally funded work; California public works run on §1777.5. The CSLB issues no apprenticeship endorsement, so there is nothing to obtain. One apprentice per journeyman per shift overstates the duty twice over: 8 CCR §230.1 sets one hour of apprentice work for every five journeyman hours, and measures it over the whole project rather than shift by shift.

Labor Code §1777.5; 8 CCR §230.1
58. The primary state officer/agency responsible for enforcing prevailing wage laws and issuing civil wage-and-penalty assessments on public works is the:
a.The Labor Commissioner, heading the Division of Labor Standards✓
b.The Division of Apprenticeship Standards, in the same agency
c.The Contractors State License Board, through its enforcement unit
d.The Attorney General, on referral from the awarding body

Labor Code §1741 authorises the Labor Commissioner, who heads the Division of Labor Standards Enforcement inside the DIR, to issue a civil wage and penalty assessment after investigating a prevailing wage violation. The Division of Apprenticeship Standards polices the §1777.5 apprenticeship duties, a separate programme with its own penalties. The CSLB disciplines licences and may act on a §7110 referral, but it does not assess wages or §1775 penalties. The Attorney General may litigate on the state's behalf but issues no assessment.

Labor Code §1741; §1742
59. Because public property generally cannot be subjected to a mechanics lien, unpaid subcontractors on a California public works project are protected primarily by:
a.A mechanics lien recorded against the public building
b.A notice of non-responsibility given to the public entity
c.Builder's risk insurance carried by the awarding agency
d.The prime's payment bond and a stop payment notice✓

Public property cannot be sold to satisfy a private claim, so no mechanics lien attaches to it. The substitutes are the direct contractor's payment bond under Civil Code §9550 and the stop payment notice against undisbursed public funds under Civil Code §9352. A notice of non-responsibility is a private-works device by which an owner disclaims work ordered by a tenant; it protects the owner and pays nobody. Builder's risk insures the work against physical loss and answers no invoice.

Civil Code §9550; §9352
60. The federal 'Miller Act' and its state counterpart 'Little Miller Acts' require, on public construction projects above threshold amounts, that the prime contractor furnish:
a.A builder's risk policy naming the public agency as an insured
b.A lien waiver from the awarding body before final payment
c.Payment and performance bonds from an admitted surety✓
d.A bid bond in force for the life of the work

The federal Miller Act and the state Little Miller Acts, including Civil Code §9550, require the prime contractor to furnish a payment bond protecting subcontractors and suppliers and, on most projects, a performance bond protecting the public agency. Builder's risk covers physical damage to the work and answers no payment claim. A lien waiver runs from the claimant to the owner; it is not something the public agency issues. The bid bond does its work at award and is discharged once the contract and the required bonds are executed.

40 U.S.C. §3131; Civil Code §9550
61. Competitive bidding on public works generally requires the public agency to award the contract to the:
a.Lowest responsible and responsive bidder✓
b.Highest bidder to ensure quality
c.Contractor located nearest the project
d.Contractor with the most experience regardless of price

Public agencies typically must award to the lowest responsible, responsive bidder. 'Responsive' means the bid conforms to the solicitation; 'responsible' means the bidder is qualified and capable. This process promotes fairness and stewardship of public funds.

62. A contractor who pays workers LESS than the required prevailing wage on a public works project is subject to:
a.A written warning from the awarding body for the first offense
b.Immediate revocation of the contractor's CSLB licence by law
c.Back wages plus a penalty per worker per day of violation✓
d.Forfeiture of the contract price to the public entity

Labor Code §1775(a) makes the contractor pay the difference between what was paid and the prevailing rate, and adds a civil penalty of up to $200 for each worker for each calendar day of underpayment. Nothing in the statute offers a first-offense warning. Licence revocation is a CSLB proceeding under B&P §7110 that may follow, but it is neither automatic nor what §1775 imposes. Forfeiting the contract price is not a prevailing wage remedy; under §1726 the awarding body withholds only the assessed amounts.

Labor Code §1775(a)
63. Which of the following is the BEST definition of 'public works' for prevailing wage purposes?
a.Any construction in California costing more than $1,000
b.Any project a public agency builds with its own crews
c.Any project built on land owned by a state or local government
d.Work done under contract and paid for out of public funds✓

Labor Code §1720(a)(1) defines public works as construction, alteration, demolition, installation or repair work done under contract and paid for in whole or in part out of public funds. The $1,000 figure in §1771 is the threshold above which prevailing wages are owed, not the definition of public works. Public ownership of the land is not the test either: a privately funded project on public land can fall outside it, while a privately owned project built with a public subsidy can fall inside. Work a public agency performs with its own forces is expressly outside §1771.

Labor Code §1720(a)(1); §1771
64. Certified payroll records on a California public works project must generally be made available for inspection and, when requested, furnished to:
a.The project's design engineer and the awarding body's inspector
b.Any member of the public, in unredacted form, on demand
c.The DIR, the awarding body, and the Labor Commissioner✓
d.The county recorder, together with the notice of completion

Labor Code §1776(b) makes certified payroll available for inspection and furnishes certified copies on request to the employee, to a representative of the body awarding the contract, and to the Division of Labor Standards Enforcement, which the Labor Commissioner heads inside the DIR. Designers and inspectors administer the work, not the payroll. The public may request records, but §1776(e) requires the worker's name, address and social security number to be obliterated first, so unredacted public access is wrong. The county recorder takes recorded notices; payroll is never filed there.

Labor Code §1776(b)
65. A subcontractor that is NOT registered with the DIR is listed on a bid for a public works project subject to prevailing wage. The likely consequence is that:
a.Only the prime must register; listed subs are exempt from it
b.The sub may register at any point before the final payment
c.The awarding body must register the sub and bill it the fee
d.The bid may be nonresponsive and the sub may not work✓

Labor Code §1725.5 requires every contractor and subcontractor on covered public work to be registered before it is listed on a bid, awarded work, or allowed to perform, and §1725.5(e) makes an unregistered listing grounds to treat the bid as nonresponsive. The prime-only reading ignores that the statute names subcontractors expressly. Registering later does not cure the defect, because the duty attaches at bid listing. Registration is the contractor's own filing with the DIR; no awarding body registers a firm on its behalf.

Labor Code §1725.5(e)
66. When a contractor must pay 'per diem wages' at the prevailing rate, this generally includes:
a.The basic hourly rate plus a flat thirty percent fringe allowance
b.The basic hourly rate plus travel and subsistence payments only
c.The basic hourly rate plus the contractor's overhead
d.The basic hourly rate plus employer payments for benefits✓

Labor Code §1773.1(a) defines per diem wages as the basic hourly rate plus employer payments for health and welfare, pension, vacation and holiday, apprenticeship or other training, worker protection committees, and industry advancement funds. There is no flat percentage: the fringe amounts come from the Director's determination for that craft and county. Travel and subsistence are a separate §1773.8 obligation and do not stand in for the fringe package. Overhead is the contractor's own money and is never credited against what the worker is owed.

Labor Code §1773.1(a)
67. On a public works project, a 'bid bond' submitted with a contractor's bid primarily guarantees that:
a.The finished work will be free of defects for one year
b.The subcontractors listed in the bid are registered with the DIR
c.The workers on the job will be paid the prevailing wage
d.The bidder will sign the contract and post the required bonds✓

A bid bond guarantees only that the successful bidder will execute the contract and post the payment and performance bonds the call for bids requires; if it walks away, the surety covers the agency's cost of going to the next bidder. Freedom from defects is what a maintenance or warranty bond promises. Prevailing wage payment is backed by the payment bond and by §1726 withholding, not by the bid bond. DIR registration of listed subs is verified from the bid itself, and no bond guarantees it.

Public Contract Code §20170; Civil Code §9550
68. Failure to comply with apprenticeship requirements on a covered public works project can result in:
a.Forfeiture of the contractor's DIR registration and its fee
b.An increase in the contract price to fund the missed hours
c.Referral to the CSLB for an automatic licence suspension
d.Civil penalties and possible debarment from public work✓

Labor Code §1777.7 sets a civil penalty of up to $100 for each full calendar day of noncompliance, rising to $300 a day for a knowing second violation within three years, and §1777.1(d)(1) lets the Labor Commissioner deny the right to bid on or perform public work for up to one year, or up to three for a repeat. DIR registration is a separate duty and is not forfeited for an apprenticeship breach. No statute raises the contract price to pay for a compliance failure. The CSLB may discipline a licence after a referral, but nothing about that is automatic.

Labor Code §1777.7; §1777.1(d)(1)
69. 'Debarment' in the public works context means a contractor is:
a.Barred from bidding or being awarded for a set period✓
b.Barred from holding a CSLB licence too
c.Removed from the DIR's registered contractor list permanently
d.Required to pay double the prevailing wage

Labor Code §1777.1 makes a debarred contractor, and firms in which it holds an interest, ineligible to bid on, be awarded, or perform as a subcontractor on a public works project for a fixed term, generally one to three years. The licence itself is untouched: a debarred contractor may keep working private jobs, which is why the CSLB option is wrong. Debarment runs for a stated period and then ends, so permanent removal overstates it. No statute doubles the wage rate as a penalty; §1775 adds a per-worker, per-day penalty instead.

Labor Code §1777.1; §1775
70. If the Labor Commissioner issues a Civil Wage and Penalty Assessment for prevailing wage violations, the contractor generally may:
a.Appeal to the Contractors State License Board within thirty days
b.Request a hearing within 60 days to contest the assessment✓
c.File suit in superior court within 60 days of the assessment
d.Pay under protest and sue the awarding body for a refund

Labor Code §1742(a) gives a contractor served with a civil wage and penalty assessment 60 days to file a written request for review, which is heard inside the DIR before any court sees it. The CSLB has no jurisdiction over a prevailing wage assessment. Going straight to superior court fails because the administrative remedy must be exhausted first; §1742(c) provides for review of the hearing decision by writ. Paying under protest and suing the awarding body targets the wrong party, since the assessment is the Labor Commissioner's.

Labor Code §1742(a)
71. A public agency rejects the lowest bid because the bidder failed to acknowledge a required addendum and omitted a mandatory subcontractor listing. This bid was properly rejected as:
a.An alternate bid the agency may accept at its option
b.The lowest responsible bid, which the agency must take
c.A responsive bid with a minor irregularity to waive
d.Nonresponsive, for failing a material bid requirement✓

A bid that misses a material requirement of the solicitation is nonresponsive and may be rejected however low it is; failing to acknowledge an addendum and omitting the subcontractor listing required by Public Contract Code §4104 are both material. An alternate bid is a priced option the agency itself invited, not a defective base bid. Calling it the lowest responsible bid confuses responsibility, which is about the bidder's capacity, with responsiveness, which is about the bid document. An agency may waive only an immaterial irregularity, and an omitted sub list is not one.

Public Contract Code §4104; §4106
72. Under California's Subletting and Subcontracting Fair Practices Act, a prime bidder on public works must list in its bid each subcontractor who will perform work exceeding a threshold percentage. The main purpose is to prevent:
a.Payment of prevailing wages to the listed subcontractors
b.The prime from self-performing any part of the work
c.Bid shopping and bid peddling after the award✓
d.Unlicensed subcontractors from working on public jobs

The Subletting and Subcontracting Fair Practices Act makes the prime name, in its bid, every subcontractor whose work exceeds one-half of one percent of the total bid, so the prime cannot shop those prices down after award or let rivals peddle lower ones in. Prevailing wage duties come from Labor Code §1771 and apply whether or not a sub is listed. Self-performance is not restricted by the Act; listing is required only for work actually subcontracted. Licensing is policed by the CSLB and by §4104's licence-number requirement, which is a detail of listing rather than its purpose.

Public Contract Code §4104; §4107
73. A city hires a contractor for a $50,000 public sidewalk repair. Regarding prevailing wages, the contractor must:
a.Pay the state minimum wage, since this is repair work
b.Pay prevailing wage only to the apprentices dispatched
c.Pay the DIR prevailing rates to all covered workers✓
d.Pay prevailing wage only above the $25,000 mark

Labor Code §1771 excepts only public works of $1,000 or less, so a $50,000 city sidewalk job carries the full prevailing wage obligation for every covered worker, at the rates the DIR Director has determined for that craft and county. Repair is named in the definition of public works, so it earns no minimum-wage treatment. Apprentices are paid their own prevailing rate, but so is every journeyman. The $25,000 figure is real but belongs elsewhere: §1771.5(a) lets an awarding body with an approved labor compliance programme skip prevailing wage on construction of $25,000 or less, and $15,000 or less for alteration, demolition, repair or maintenance.

Labor Code §1771; §1771.5(a)
74. A contractor on a public works project willfully fails to produce certified payroll records after proper written request. The contractor may face:
a.Penalties of $100 per worker for each day of delay✓
b.Loss of the right to any further progress payment
c.An automatic extension of the contract completion date
d.A referral to the CSLB, which alone may assess penalties

Labor Code §1776(h) gives the contractor 10 days after a written request and then forfeits $100 for each calendar day, or part of one, for each worker, until strict compliance; those penalties are withheld from progress payments at the Division's request. Withholding is limited to the penalty amount, so the whole progress payment is not lost. Nothing about a records failure extends the completion date. The CSLB is not the assessing body here, and it is not the only one that can act: on a DIR-monitored job §1771.4(a)(3)(B) adds its own $100-a-day penalty, capped at $5,000 for the project.

Labor Code §1776(h); §1771.4(a)(3)(B)
75. On a federal public works project, the prevailing wage requirement comes primarily from the:
a.The Uniform Commercial Code, article 2, covering materials
b.The California Labor Code, which follows the project
c.The federal Davis-Bacon Act and its wage determinations✓
d.The Contractors State License Law, through §7108

On a federally funded construction contract above the statutory threshold, the Davis-Bacon Act requires the locally prevailing wages and fringe benefits determined by the U.S. Department of Labor. California's Labor Code prevailing wage scheme attaches to state and local public works; it does not travel onto a federal project merely because the work is in California. Article 2 of the Commercial Code governs sales of goods and says nothing about wages. B&P §7108 concerns diversion of funds by a licensee, not wage rates.

40 U.S.C. §3142 (Davis-Bacon Act)
76. The performance bond on a public works project protects the:
a.The subcontractors and suppliers who are not paid
b.The contractor, against its own defective workmanship
c.The contractor's profit if the public agency delays
d.The public agency, by guaranteeing completion✓

The performance bond names the public agency as obligee and guarantees that the work will be completed according to the contract; if the contractor defaults, the surety arranges completion or pays damages up to the penal sum. Unpaid subs and suppliers look instead to the payment bond required by Civil Code §9550 and to a stop payment notice. A surety bond is not insurance for the principal: it never indemnifies the contractor against its own defective work, and the surety may seek reimbursement from the contractor after paying. Delay damages against the agency are a contract claim, not a bond promise.

Public Contract Code §20170; Civil Code §9550
77. DIR public works contractor registration generally must be:
a.Waived for any contractor with a current CSLB licence
b.Obtained once and carried for the life of the business
c.Renewed annually and kept current to bid and to perform✓
d.Obtained separately for each public works contract

Labor Code §1725.5 makes DIR public works registration an annual registration with an annual fee, and it must be current at the moment the contractor bids, is listed on a bid, is awarded work, or performs. A CSLB licence is a separate requirement and waives nothing. A one-time registration would defeat the annual fee the statute imposes. Registration attaches to the contractor, not to the job, so one current registration covers every covered project rather than being repeated contract by contract.

Labor Code §1725.5(a)
78. A subcontractor on a public works project is not paid. To make a claim on the prime contractor's payment bond, the subcontractor generally must:
a.Wait for the awarding body to pay it out of retention
b.Record a mechanics lien against the public building
c.Obtain the public agency's written approval to be paid
d.Give any required notice and sue on the bond in time✓

Because public property cannot be liened, the unpaid subcontractor's security is the prime's payment bond: it must give any preliminary notice its position requires and then sue on the bond, which Civil Code §9558 allows any time after it stops work but no later than six months after the stop-notice period in §9356 closes. Recording a lien against the school or city building is void from the start. Retention is money owed the prime under the prime contract, not a fund the agency pays claimants from. No agency consent is needed or available; the bond is a contract with the surety.

Civil Code §9558; §9356
79. When calculating whether it has met the prevailing wage obligation, a contractor may generally credit:
a.Employer payments for bona fide fringe benefit plans✓
b.Its own overhead, allocated to the workers on the job
c.The value of meals and lodging provided to the crew
d.Only cash wages, since benefits are not creditable

Labor Code §1773.1 lets the employer count payments to bona fide health and welfare, pension, vacation and holiday, apprenticeship and training, and similar plans toward the total prevailing wage obligation, so long as the worker still receives the full package of cash plus creditable benefits. Overhead is the contractor's own cost of doing business and buys the worker nothing. Meals and lodging are not on the §1773.1 list; travel and subsistence are separately owed under §1773.8. The last option states the opposite of the rule: benefits are creditable, which is exactly why §1773.1 exists.

Labor Code §1773.1(a); §1773.1(d)
80. On a public works project, the prevailing wage obligation applies to:
a.Only those workers who ask to be paid the prevailing rate
b.Only the workers dispatched from a union hiring hall
c.All workers in covered crafts, subs' included✓
d.Only the prime contractor's own payroll employees

Labor Code §1774 binds the contractor and every subcontractor to pay not less than the prevailing rate, and §1772 covers all workers employed on the public work in covered classifications. The duty is not waivable by silence, so a worker who never asks is still owed it. Union membership and dispatch are irrelevant: the rate is set by craft and county, not by who hired the worker. Confining it to the prime's own payroll is the error §1774 exists to prevent, since most public works labour is performed by subcontractors.

Labor Code §1774; §1772
81. The main reason competitive sealed bidding is used for public works is to:
a.Relieve the agency of the duty to require bonds
b.Let the agency pick whichever contractor it likes
c.Secure fairness and economy in public spending✓
d.Guarantee the agency pays published union rates

Competitive sealed bidding exists to spend public money economically and to give every qualified bidder the same shot, which is why the award goes to the lowest responsible, responsive bidder on published criteria. It does not remove the bonding requirements, which come from the call for bids and Civil Code §9550 and apply on top of it. Discretion to pick a favourite is the very thing the process removes. Wage rates are fixed by the DIR determination under Labor Code §1773 whatever bidding method is used, and they are not union rates by definition.

Public Contract Code §20162; §20166; Labor Code §1773
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