Laws have passed that require Skilled & Trained on certain publicly funded projects. Those laws also give DLSE enforcement jurisdiction for Skilled & Trained compliance with the ability to issue monetary fines. (CA Public Contract Code Sections 2600-2603)

Compliance and Penalties

• On applicable S&T projects, the contractor must provide a report to the awarding body demonstrating compliance on a monthly basis.

• The awarding body can withhold payments until a complete report is provided.

• Further, the State Labor Commissioner can assess penalties of up to $5,000 per month for work performed in violation of this chapter. For a second or subsequent violation(s) within a three-year period, the penalty increases to $10,000 per month for work performed.

• When violations are considered “willful” or “with intent to defraud”, the penalty assessed by the Labor Commissioner can include debarment.

DIR Frequently Asked Questions:

https://www.dir.ca.gov/Public-Works/ADA-Compliant-STW-FAQ.pdf

Skilled and Trained Workforce Requirements (S&T) are spreading rapidly. More and more awarding bodies are requiring S&T from contractors, and these requirements will continue to spread, perhaps to all public works projects in the future.

At present, California’s Skilled & Trained requirements apply to:

School district (K-12) design build projects $1 Million or greater

School district (K-12) lease/leaseback projects

Local agency & other specified state agency design build projects over $1 Million

City of San Diego CM At-Risk projects over $25 Million

LAUSD Best Value projects larger over $1 Million

Alameda, Los Angeles, Riverside, San Bernardino, San Diego, Solano & Yuba County Best Value projects of $1 Million or greater

SANDAG, MTS, and NCTD projects $1 Million or greater.

Legal Procurement Requirements:

https://www.ftblaw.com/wp-content/uploads/2022/05/FTB_Skilled-Trained-Workforce-Requirements_050122.pdf

State law will continue to require that 30% of journeypersons in the following apprenticeable trades have graduated from an approved apprenticeship program on the covered work:

• Acoustical Installer

• Bricklayer

• Carpenter

• Cement Mason

• Drywall Installer or Lather

• Marble Mason, Setter, Finisher

• Systems Installer

• Operating Engineer

• Pile Driver

• Plasterer

• Roofer

• Waterproofer

• Stone Mason

• Surveyor

• Terrazzo Worker or Finisher

As of January 2020, however, the apprentice graduation requirement for all other apprenticeable crafts/trades, including Laborers, is 60% of your journeymen workforce, for that individual trade (trade by trade analysis, not company-wide).