EmploymentQuestion 26 of 1632

Prevailing wage rates on California public works projects are determined by:

a.The California Department of Industrial Relations
b.The awarding public agency for each project
c.The U.S. Department of Labor under Davis-Bacon
d.The local building trades master agreement

Explanation

Labor Code §1773 has the Director of the Department of Industrial Relations determine the general prevailing rate of per diem wages by craft and locality. The awarding public agency is the most tempting wrong answer because §1773.2 makes it obtain those rates from DIR and specify them in the call for bids - it publishes them but does not set them. Davis-Bacon rates are determined by the U.S. Department of Labor and govern federally funded work, not California's own prevailing wage law. DIR looks to collective bargaining agreements as evidence of the prevailing rate, but a local master agreement is not itself the determination.

Law Reference: Labor Code §1773; §1773.2

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