Public WorksQuestion 1577 of 1632

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

Explanation

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.

Law Reference: Labor Code §1770; §1773

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