1720.  (a) As used in this chapter, "public works" means:
   (1) Construction, alteration, demolition, installation, or repair
work done under contract and paid for in whole or in part out of
public funds, except work done directly by any public utility company
pursuant to order of the Public Utilities Commission or other public
authority.  For purposes of this paragraph, "construction" includes
work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land
surveying work.
   (2) Work done for irrigation, utility, reclamation, and
improvement districts, and other districts of this type.  "Public
work" does not include the operation of the irrigation or drainage
system of any irrigation or reclamation district, except as used in
Section 1778 relating to retaining wages.
   (3) Street, sewer, or other improvement work done under the
direction and supervision or by the authority of any officer or
public body of the state, or of any political subdivision or district
thereof, whether the political subdivision or district operates
under a freeholder's charter or not.
   (4) The laying of carpet done under a building lease-maintenance
contract and paid for out of public funds.
   (5) The laying of carpet in a public building done under contract
and paid for in whole or in part out of public funds.
   (6) Public transportation demonstration projects authorized
pursuant to Section 143 of the Streets and Highways Code.
   (b) For purposes of this section, "paid for in whole or in part
out of public funds" means all of the following:
   (1) The payment of money or the equivalent of money by the state
or political subdivision directly to or on behalf of the public works
contractor, subcontractor, or developer.
   (2) Performance of construction work by the state or political
subdivision in execution of the project.
   (3) Transfer by the state or political subdivision of an asset of
value for less than fair market price.
   (4) Fees, costs, rents, insurance or bond premiums, loans,
interest rates, or other obligations that would normally be required
in the execution of the contract, that are paid, reduced, charged at
less than fair market value, waived, or forgiven by the state or
political subdivision.
   (5) Money loaned by the state or political subdivision that is to
be repaid on a contingent basis.
   (6) Credits that are applied by the state or political subdivision
against repayment obligations to the state or political subdivision.

   (c) Notwithstanding subdivision (b):
   (1) Private residential projects built on private property are not
subject to the requirements of this chapter unless the projects are
built pursuant to an agreement with a state agency, redevelopment
agency, or local public housing authority.
   (2) If the state or a political subdivision requires a private
developer to perform construction, alteration, demolition,
installation, or repair work on a public work of improvement as a
condition of regulatory approval of an otherwise private development
project, and the state or political subdivision contributes no more
money, or the equivalent of money, to the overall project than is
required to perform this public improvement work, and the state or
political subdivision maintains no proprietary interest in the
overall project, then only the public improvement work shall thereby
become subject to this chapter.
   (3) If the state or a political subdivision reimburses a private
developer for costs that would normally be borne by the public, or
provides directly or indirectly a public subsidy to a private
development project that is de minimis in the context of the project,
an otherwise private development project shall not thereby become
subject to the requirements of this chapter.
   (4) The construction or rehabilitation of affordable housing units
for low- or moderate-income persons pursuant to paragraph (5) or (7)
of subdivision (e) of Section 33334.2 of the Health and Safety Code
that are paid for solely with moneys from a Low and Moderate Income
Housing Fund established pursuant to Section 33334.3 of the Health
and Safety Code or that are paid for by a combination of private
funds and funds available pursuant to Section 33334.2 or 33334.3 of
the Health and Safety Code do not constitute a project that is paid
for in whole or in part out of public funds.
   (5) "Paid for in whole or in part out of public funds" does not
include tax credits provided pursuant to Section 17053.49 or 23649 of
the Revenue and Taxation Code.
   (6) Unless otherwise required by a public funding program, the
construction or rehabilitation of privately owned residential
projects is not subject to the requirements of this chapter if one or
more of the following conditions are met:
   (A) The project is a self-help housing project in which no fewer
than 500 hours of construction work associated with the homes are to
be performed by the homebuyers.
   (B) The project consists of rehabilitation or expansion work
associated with a facility operated on a not-for-profit basis as
temporary or transitional housing for homeless persons with a total
project cost of less than twenty-five thousand dollars ($25,000).
   (C) Assistance is provided to a household as either mortgage
assistance, downpayment assistance, or for the rehabilitation of a
single-family home.
   (D) The project consists of new construction, or expansion, or
rehabilitation work associated with a facility developed by a
nonprofit organization to be operated on a not-for-profit basis to
provide emergency or transitional shelter and ancillary services and
assistance to homeless adults and children.  The nonprofit
organization operating the project shall provide, at no profit, not
less than 50 percent of the total project cost from nonpublic
sources, excluding real property that is transferred or leased.
Total project cost includes the value of donated labor, materials,
architectural, and engineering services.
   (E) The public participation in the project that would otherwise
meet the criteria of subdivision (b) is public funding in the form of
below-market interest rate loans for a project in which occupancy of
at least 40 percent of the units is restricted for at least 20
years, by deed or regulatory agreement, to individuals or families
earning no more than 80 percent of the area median income.
   (d) Notwithstanding any provision of this section to the contrary,
the following projects shall not, solely by reason of this section,
be subject to the requirements of this chapter:
   (1) Qualified residential rental projects, as defined by Section
142 (d) of the Internal Revenue Code, financed in whole or in part
through the issuance of bonds that receive allocation of a portion of
the state ceiling pursuant to Chapter 11.8 of Division 1 (commencing
with Section 8869.80) of the Government Code on or before December
31, 2003.
   (2) Single-family residential projects financed in whole or in
part through the issuance of qualified mortgage revenue bonds or
qualified veterans' mortgage bonds, as defined by Section 143 of the
Internal Revenue Code, or with mortgage credit certificates under a
Qualified Mortgage Credit Certificate Program, as defined by Section
25 of the Internal Revenue Code, that receive allocation of a portion
of the state ceiling pursuant to Chapter 11.8 of Division 1
(commencing with Section 8869.80) of the Government Code on or before
December 31, 2003.
   (3) Low-income housing projects that are allocated federal or
state low-income housing tax credits pursuant to Section 42 of the
Internal Revenue Code, Chapter 3.6 of Division 31 (commencing with
Section 50199.4) of the Health and Safety Code, or Section 12206,
17058, or 23610.5 of the Revenue and Taxation Code, on or before
December 31, 2003.
   (e) If a statute, other than this section, or a regulation, other
than a regulation adopted pursuant to this section, or an ordinance
or a contract applies this chapter to a project, the exclusions set
forth in subdivision (d) do not apply to that project.
   (f) For purposes of this section, references to the Internal
Revenue Code mean the Internal Revenue Code of 1986, as amended, and
include the corresponding predecessor sections of the Internal
Revenue Code of 1954, as amended.
   (g) The amendments made to this section by either Chapter 938 of
the Statutes of 2001 or the act adding this subdivision shall not be
construed to preempt local ordinances requiring the payment of
prevailing wages on housing projects.



1720.2.  For the limited purposes of Article 2 (commencing with
Section 1770) of this chapter, "public works" also means any
construction work done under private contract when all of the
following conditions exist:
   (a) The construction contract is between private persons.
   (b) The property subject to the construction contract is privately
owned, but upon completion of the construction work, more than 50
percent of the assignable square feet of the property is leased to
the state or a political subdivision for its use.
   (c) Either of the following conditions exist:
   (1) The lease agreement between the lessor and the state or
political subdivision, as lessee, was entered into prior to the
construction contract.
   (2) The construction work is performed according to plans,
specifications, or criteria furnished by the state or political
subdivision, and the lease agreement between the lessor and the state
or political subdivision, as lessee, is entered into during, or upon
completion of, the construction work.



1720.3.  For the limited purposes of Article 2 (commencing with
Section 1770), "public works" also means the hauling of refuse from a
public works site to an outside disposal location, with respect to
contracts involving any state agency, including the California State
University and the University of California, or any political
subdivision of the state.



1720.4.  For the limited purposes of this chapter, "public works"
shall not include any otherwise covered work which meets all the
following conditions:
   (a) The work is performed entirely by volunteer labor.
   (b) The work involves facilities or structures which are, or will
be, used exclusively by, or primarily for or on behalf of, private
nonprofit community organizations including, but not limited to,
charitable, youth, service, veterans, and sports groups or
associations.
   (c) The work will not have an adverse impact on employment.
   (d) The work is approved by the Director of Industrial Relations
as meeting the requirements of this section.
   For purposes of subdivision (c), the director shall request
information on whether or not the work will have an adverse impact on
employment from the appropriate local or state organization of duly
authorized employee representatives of workers employed on public
works.


1721.  "Political subdivision" includes any county, city, district,
public housing authority, or public agency of the state, and
assessment or improvement districts.



1722.  "Awarding body" or "body awarding the contract" means
department, board, authority, officer or agent awarding a contract
for public work.


1722.1.  For the purposes of this chapter, "contractor" and
"subcontractor" include a contractor, subcontractor, licensee,
officer, agent, or representative thereof, acting in that capacity,
when working on public works pursuant to this article and Article 2
(commencing with Section 1770).



1723.  "Worker" includes laborer, worker, or mechanic.



1724.  "Locality in which public work is performed" means the county
in which the public work is done in cases in which the contract is
awarded by the State, and means the limits of the political
subdivision on whose behalf the contract is awarded in other cases.




1725.  "Alien" means any person who is not a born or fully
naturalized citizen of the United States.



1726.  The body awarding the contract for public work shall take
cognizance of violations of the provisions of this chapter committed
in the course of the execution of the contract, and shall promptly
report any suspected violations to the Labor Commissioner.
   If the awarding body determines as a result of its own
investigation that there has been a violation of this chapter and
withholds contract payments, the procedures in Section 1771.6 shall
be followed.


1727.  (a) Before making payments to the contractor of money due
under a contract for public work, the awarding body shall withhold
and retain therefrom all amounts required to satisfy any civil wage
and penalty assessment issued by the Labor Commissioner under this
chapter.  The amounts required to satisfy a civil wage and penalty
assessment shall not be disbursed by the awarding body until receipt
of a final order that is no longer subject to judicial review.
   (b) If the awarding body has not retained sufficient money under
the contract to satisfy a civil wage and penalty assessment based on
a subcontractor's violations, the contractor shall, upon the request
of the Labor Commissioner, withhold sufficient money due the
subcontractor under the contract to satisfy the assessment and
transfer the money to the awarding body.  These amounts shall not be
disbursed by the awarding body until receipt of a final order that is
no longer subject to judicial review.



1728.  In cases of contracts with assessment or improvement
districts where full payment is made in the form of a single warrant,
or other evidence of full payment, after completion and acceptance
of the work, the awarding body shall accept from the contractor in
cash a sum equal to, and in lieu of, any amount required to be
withheld, retained, or forfeited under the provisions of this
section, and said awarding body shall then release the final warrant
or payment in full.


1729.  It shall be lawful for any contractor to withhold from any
subcontractor under him sufficient sums to cover any penalties
withheld from him by the awarding body on account of the
subcontractor's failure to comply with the terms of this chapter, and
if payment has already been made to the subcontractor the contractor
may recover from him the amount of the penalty or forfeiture in a
suit at law.



1734.  Any court collecting any fines or penalties under the
criminal provisions of this chapter or any of the labor laws
pertaining to public works shall as soon as practicable after the
receipt thereof deposit same with the county treasurer of the county
in which such court is situated.  Amounts so deposited shall be paid
at least once a month by warrant of the county auditor drawn upon
requisition of the judge or clerk of said court, to the State
Treasurer for deposit in the General Fund.



1735.  No discrimination shall be made in the employment of persons
upon public works because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, or sex of such persons, except as
provided in Section 12940 of the Government Code, and every
contractor for public works violating this section is subject to all
the penalties imposed for a violation of this chapter.



1736.  During any investigation conducted under this part, the
Division of Labor Standards Enforcement shall keep confidential the
name of any employee who reports a violation of this chapter and any
other information that may identify the employee.




1740.  Notwithstanding any other provision of this chapter or any
other law of this State, except limitations imposed by the
Constitution, the legislative body of a political subdivision which
has received or is to receive a loan or grant of funds from the
Federal Government or a federal department or agency for public works
of that political subdivision, may provide in its call for bids in
connection with such public works that all bid specifications and
contracts and other procedures in connection with bids or contracts
shall be subject to modification to comply with revisions in federal
minimum wage schedules without the necessity of republication or
duplication of other formal statutory requirements.



1741.  If the Labor Commissioner or his or her designee determines
after an investigation that there has been a violation of this
chapter, the Labor Commissioner shall with reasonable promptness
issue a civil wage and penalty assessment to the contractor or
subcontractor or both.  The assessment shall be in writing and shall
describe the nature of the violation and the amount of wages,
penalties, and forfeitures due and shall include the basis for the
assessment.  The assessment shall be served not later than 180 days
after the filing of a valid notice of completion in the office of the
county recorder in each county in which the public work or some part
thereof was performed, or not later than 180 days after acceptance
of the public work, whichever occurs last.  However, if the
assessment is served after the expiration of this 180-day period, but
before the expiration of an additional 180 days, and the awarding
body has not yet made full payment to the contractor, the assessment
is valid up to the amount of the funds retained.  Service of the
assessment shall be completed pursuant to Section 1013 of the Code of
Civil Procedure by first-class and certified mail to the contractor,
subcontractor, and awarding body.  The assessment shall advise the
contractor and subcontractor of the procedure for obtaining review of
the assessment.  The Labor Commissioner shall, to the extent
practicable, ascertain the identity of any bonding company issuing a
bond that secures the payment of wages covered by the assessment and
any surety on a bond, and shall serve a copy of the assessment by
certified mail to the bonding company or surety at the same time
service is made to the contractor, subcontractor, and awarding body.
However, no bonding company or surety shall be relieved of its
responsibilities because it failed to receive notice from the Labor
Commissioner.



1742.  (a) An affected contractor or subcontractor may obtain review
of a civil wage and penalty assessment under this chapter by
transmitting a written request to the office of the Labor
Commissioner that appears on the assessment within 60 days after
service of the assessment.  If no hearing is requested within 60 days
after service of the assessment, the assessment shall become final.

   (b) Upon receipt of a timely request, a hearing shall be commenced
within 90 days before the director, who shall appoint an impartial
hearing officer possessing the qualifications of an administrative
law judge pursuant to subdivision (b) of Section 11502 of the
Government Code. The appointed hearing officer shall be an employee
of the department, but shall not be an employee of the Division of
Labor Standards Enforcement.  The contractor or subcontractor shall
be provided an opportunity to review evidence to be utilized by the
Labor Commissioner at the hearing within 20 days of the receipt of
the written request for a hearing.  Any evidence obtained by the
Labor Commissioner subsequent to the 20-day cutoff shall be promptly
disclosed to the contractor or subcontractor.
   The contractor or subcontractor shall have the burden of proving
that the basis for the civil wage and penalty assessment is
incorrect.  The assessment shall be sufficiently detailed to provide
fair notice to the contractor or subcontractor of the issues at the
hearing.
   Within 45 days of the conclusion of the hearing, the director
shall issue a written decision affirming, modifying, or dismissing
the assessment.  The decision of the director shall consist of a
notice of findings, findings, and an order.  This decision shall be
served on all parties and the awarding body pursuant to Section 1013
of the Code of Civil Procedure by first-class mail at the last known
address of the party on file with the Labor Commissioner.  Within 15
days of the issuance of the decision, the director may reconsider or
modify the decision to correct an error, except that a clerical error
may be corrected at any time.
   The director shall adopt regulations setting forth procedures for
hearings under this subdivision.
   (c) An affected contractor or subcontractor may obtain review of
the decision of the director by filing a petition for a writ of
mandate to the appropriate superior court pursuant to Section 1094.5
of the Code of Civil Procedure within 45 days after service of the
decision.  If no petition for writ of mandate is filed within 45 days
after service of the decision, the order shall become final.  If it
is claimed in a petition for writ of mandate that the findings are
not supported by the evidence, abuse of discretion is established if
the court determines that the findings are not supported by
substantial evidence in the light of the whole record.
   (d) A certified copy of a final order may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the affected contractor or subcontractor has property
or has or had a place of business.  The clerk, immediately upon the
filing, shall enter judgment for the state against the person
assessed in the amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and shall be given the same preference allowed by law on
other judgments rendered for claims for taxes.  The clerk shall not
charge for the service performed by him or her pursuant to this
section.
   (f) An awarding body that has withheld funds in response to a
civil wage and penalty assessment under this chapter shall, upon
receipt of a certified copy of a final order that is no longer
subject to judicial review, promptly transmit the withheld funds, up
to the amount of the certified order, to the Labor Commissioner.
   (g) This section shall provide the exclusive method for review of
a civil wage and penalty assessment by the Labor Commissioner under
this chapter or the decision of an awarding body to withhold contract
payments pursuant to Section 1771.5.
   (h) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.


1742.  (a) An affected contractor or subcontractor may obtain review
of a civil wage and penalty assessment under this chapter by
transmitting a written request to the office of the Labor
Commissioner that appears on the assessment within 60 days after
service of the assessment.  If no hearing is requested within 60 days
after service of the assessment, the assessment shall become final.

   (b) (1) Upon receipt of a timely request, a hearing shall be
commenced within 90 days before an administrative law judge appointed
by the Director of Industrial Relations.  The appointed hearing
judge shall be an employee of the department, but shall not be an
employee of the Division of Labor Standards Enforcement.  The
contractor or subcontractor shall be provided an opportunity to
review evidence to be utilized by the Labor Commissioner at the
hearing within 20 days of the receipt of the written request for a
hearing.  Any evidence obtained by the Labor Commissioner subsequent
to the 20-day cutoff shall be promptly disclosed to the contractor or
subcontractor.
   (2) The contractor or subcontractor shall have the burden of
proving that the basis for the civil wage and penalty assessment is
incorrect.  The assessment shall be sufficiently detailed to provide
fair notice to the contractor or subcontractor of the issues at the
hearing.
   (3) Within 45 days of the conclusion of the hearing, the
administrative law judge shall issue a written decision affirming,
modifying, or dismissing the assessment.  The decision of the
administrative law judge shall consist of a notice of findings,
findings, and an order.  This decision shall be served on all parties
and the awarding body pursuant to Section 1013 of the Code of Civil
Procedure by first-class mail at the last known address of the party
on file with the Labor Commissioner.  Within 15 days of the issuance
of the decision, the administrative law judge may reconsider or
modify the decision to correct an error, except that a clerical error
may be corrected at any time.
   (4) The Director of Industrial Relations shall adopt regulations
setting forth procedures for hearings under this subdivision.
   (c) An affected contractor or subcontractor may obtain review of
the decision of the administrative law judge by filing a petition for
a writ of mandate to the appropriate superior court pursuant to
Section 1094.5 of the Code of Civil Procedure within 45 days after
service of the decision.  If no petition for writ of mandate is filed
within 45 days after service of the decision, the order shall become
final.  If it is claimed in a petition for writ of mandate that the
findings are not supported by the evidence, abuse of discretion is
established if the court determines that the findings are not
supported by substantial evidence in the light of the whole record.
   (d) A certified copy of a final order may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the affected contractor or subcontractor has property
or has or had a place of business.  The clerk, immediately upon the
filing, shall enter judgment for the state against the person
assessed in the amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and shall be given the same preference allowed by law on
other judgments rendered for claims for taxes.  The clerk shall not
charge for the service performed by him or her pursuant to this
section.
   (f) An awarding body that has withheld funds in response to a
civil wage and penalty assessment under this chapter shall, upon
receipt of a certified copy of a final order that is no longer
subject to judicial review, promptly transmit the withheld funds, up
to the amount of the certified order, to the Labor Commissioner.
   (g) This section shall provide the exclusive method for review of
a civil wage and penalty assessment by the Labor Commissioner under
this chapter or the decision of an awarding body to withhold contract
payments pursuant to Section 1771.5.
   (h) This section shall become operative on January 1, 2005.



1742.1.  (a) After 60 days following the service of a civil wage and
penalty assessment under Section 1741 or a notice of withholding
under subdivision (a) of Section 1771.6, the affected contractor,
subcontractor, and surety on a bond or bonds issued to secure the
payment of wages covered by the assessment or notice shall be liable
for liquidated damages in an amount equal to the wages, or portion
thereof, that still remain unpaid.  If the assessment or notice
subsequently is overturned or modified after administrative or
judicial review, liquidated damages shall be payable only on the
wages found to be due and unpaid.  If the contractor or subcontractor
demonstrates to the satisfaction of the director that he or she had
substantial grounds for believing the assessment or notice to be in
error, the director shall waive payment of the liquidated damages.
Any liquidated damages collected shall be distributed to the employee
along with the unpaid wages.  Section 203.5 shall not apply to
claims for prevailing wages under this chapter.
   (b) The Labor Commissioner shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following the
service of a civil wage and penalty assessment under Section 1741,
afford the contractor or subcontractor the opportunity to meet with
the Labor Commissioner or his or her designee to attempt to settle a
dispute regarding the assessment without the need for formal
proceedings.  The awarding body shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following
the service of a notice of withholding under subdivision (a) of
Section 1771.6, afford the contractor or subcontractor the
opportunity to meet with the designee of the awarding body to attempt
to settle a dispute regarding the notice without the need for formal
proceedings.  The settlement meeting may be held in person or by
telephone and shall take place before the expiration of the 60-day
period for seeking administrative review.  No evidence of anything
said or any admission made for the purpose of, in the course of, or
pursuant to, the settlement meeting is admissible or subject to
discovery in any administrative or civil proceeding.  No writing
prepared for the purpose of, in the course of, or pursuant to, the
settlement meeting, other than a final settlement agreement, is
admissible or subject to discovery in any administrative or civil
proceeding.  The assessment or notice shall advise the contractor or
subcontractor of the opportunity to request a settlement meeting.
   This section shall remain in effect only until January 1, 2005,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2005, deletes or extends that date.



1742.1.  (a) After 60 days following the service of a civil wage and
penalty assessment under Section 1741 or a notice of withholding
under subdivision (a) of Section 1771.6, the affected contractor,
subcontractor, and surety on a bond or bonds issued to secure the
payment of wages covered by the assessment or notice shall be liable
for liquidated damages in an amount equal to the wages, or portion
thereof, that still remain unpaid.  If the assessment or notice
subsequently is overturned or modified after administrative or
judicial review, liquidated damages shall be payable only on the
wages found to be due and unpaid.  If the contractor or subcontractor
demonstrates to the satisfaction of the administrative law judge
that he or she had substantial grounds for believing the assessment
or notice to be in error, the administrative law judge shall waive
payment of the liquidated damages.  Any liquidated damages collected
shall be distributed to the employee along with the unpaid wages.
Section 203.5 shall not apply to claims for prevailing wages under
this chapter.
   (b) The Labor Commissioner shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following the
service of a civil wage and penalty assessment under Section 1741,
afford the contractor or subcontractor the opportunity to meet with
the Labor Commissioner or his or her designee to attempt to settle a
dispute regarding the assessment without the need for formal
proceedings.  The awarding body shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following
the service of a notice of withholding under subdivision (a) of
Section 1771.6, afford the contractor or subcontractor the
opportunity to meet with the designee of the awarding body to attempt
to settle a dispute regarding the notice without the need for formal
proceedings.  The settlement meeting may be held in person or by
telephone and shall take place before the expiration of the 60-day
period for seeking administrative review.  No evidence of anything
said or any admission made for the purpose of, in the course of, or
pursuant to, the settlement meeting is admissible or subject to
discovery in any administrative or civil proceeding.  No writing
prepared for the purpose of, in the course of, or pursuant to, the
settlement meeting, other than a final settlement agreement, is
admissible or subject to discovery in any administrative or civil
proceeding.  The assessment or notice shall advise the contractor or
subcontractor of the opportunity to request a settlement meeting.
   This section shall become operative on January 1, 2005.



1743.  (a) The contractor and subcontractor shall be jointly and
severally liable for all amounts due pursuant to a final order under
this chapter or a judgment thereon. The Labor Commissioner shall
first exhaust all reasonable remedies to collect the amount due from
the subcontractor before pursuing the claim against the contractor.
   (b) From the amount collected, the wage claim shall be satisfied
prior to the amount being applied to penalties.  If insufficient
money is recovered to pay each worker in full, the money shall be
prorated among all workers.
   (c) Wages for workers who cannot be located shall be placed in the
Industrial Relations Unpaid Wage Fund and held in trust for the
workers pursuant to Section 96.7.  Penalties shall be paid into the
General Fund.
   (d) A final order under this chapter or a judgment thereon shall
be binding, with respect to the amount found to be due, on a bonding
company issuing a bond that secures the payment of wages and a surety
on a bond.  The limitations period of any action on a payment bond
shall be tolled pending a final order that is no longer subject to
judicial review.

If You Need to Retain and Pay a California Attorney Regarding This Issue:

Brian Kindsvater, Esq.
Law Office of Brian Kindsvater
2377 Gold Meadow Way, #1031
Gold River, CA 95670
email
916.761.6863 - Direct Line
877.600.8500 - Toll Free
916.313.3443 - Facsimile


Mr. Kindsvater has assisted numerous individuals and businesses throughout California and the United States regarding California employment, business, and other legal issues.