Request #7335

November 15, 2021

When replying, please refer to case #19-929926

City of Garden Grove
11222 Acacia Pkwy Fl2 City Clerks Confer
Garden Grove, Ca 92840-5208

Project:

Sewer System Rehabilitation Phase 1
Various Locations Garden Grove Ca 92840

General Contractor:

Creative Home
701 East Ball Road #101
Anaheim, Ca 92805
License #: 839455

Dear Sir/Madam:

This is a formal request from the Center for Contract Compliance for copies of the above noted general contractor’s certified payroll records for all work performed and fringe benefit statement. Please note the Division of Labor Standards Enforcement’s (DIR) Electronic Certified Payroll Reporting (E-CPR) system has not replaced an awarding body’s duty to provide payroll records pursuant to Labor Code §1776(b)(3).

After reviewing the DIR’s E-CPR system, these records were not available or have been redacted beyond the statutory threshold provided to Joint-Labor Management Committees pursuant to Labor Code §1776(e). As a Joint Labor-Management Committee, any records provided to the Center for Contract Compliance shall include the workers’ name and address.

Our office will gladly comply with California Code of Regulations §16402, which states the “cost of preparation to each contractor, subcontractor, or public entity . . . shall be $1 for the first page of the payroll record and 25 cents for each page thereafter, plus $10 to the contractor or subcontractor for handling costs.”

Pursuant to Labor Code §1776(h), the contractor has 10 days to comply with this request or is subject to a $100 per calendar day penalty, for each worker, until the records are properly submitted. These penalties are payable to the awarding body or the state. We urge collecting these penalties to replenish agency funds and ensure fair and responsible contracting. In addition, the contractor is subject to debarment from public works contracting provided by Labor Code §1771.1(c). If needed, the contractor can download the payroll reporting form and fringe benefit statement from the DLSE’s website at: www.dir.ca.gov/Public-Works/Resources.htm.

If you have any questions, please contact our office at (626) 444-8355 ext. 205 or by e-mail at GusG@socalccc.org.

Sincerely,

Gus Garcia
Investigator