Public WorksQuestion 1625 of 1632

A subcontractor on a DIR-monitored public works job furnishes no certified payroll for 62 days past the first deadline, then uploads everything at once. What does Labor Code §1771.4 authorize, and where should those records have gone?

a.$100 a day capped at $5,000 for the project, and the records go to the Labor Commissioner electronically
b.$100 a day for each worker with no ceiling, and the records go only to the body that awarded the job
c.No penalty at all, because the records were uploaded before the project reached completion
d.$100 a day capped at $5,000 for each worker, and the records go to the county recorder for the project

Explanation

On a monitored project the records go to the LABOR COMMISSIONER, in 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. Sending them to the awarding body is not the whole duty. Section 1771.4 sets the penalty for failing to furnish them at $100 per day, not to exceed a total of $5,000 per project. The per-worker, uncapped $100 a day is a different penalty, in §1776(h), for failing to produce records on request.

Law Reference: Labor Code §1771.4

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