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Home My WebLink AboutLabor Commission Request on Hellas Construction Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Gavin Newsom, Governor Bureau of Field Enforcement- Public Works 320 W Fourth 5�"•`•• °F �'�► Street, Suite 450 *�- • E,vitElt�•- . F Los Angeles, CA 90013 4W a • TEL: 510-507-9302 EMAIL: acampos@ dir.ca. ov a g HELLAS CONSTRUCTION INC c4� iFOR�'� 12000 W PARM ER LANE AUSTIN, TX 78613 DATE: In Reply Refer to Case No: March 29, 2024 140-80238-864 NOTICE OF INVESTIGATION Project Name Awarding Body Project NO. DIR Project ID Synthetic Turf Canyon Hills Park City of Lake Elsinore 0 462838 Prime Contractor HELLAS CONSTRUCTION INC Subcontractor You are hereby advised that the Division of Labor Standards Enforcement is co mmencing an investigation to confirm compliance with the Public Work Laws (California Labor Code, Division 2 Part 7) by the above-named contractor(s). After an investigation, if it is determined that wages and/or penalties are due a Civil 1 Wage and Penalty Assessment will be issued pursuant to Labor Code section 1741 . APR 0 5 2024 ITY CLERK'S OFFICE STATE LABOR COMMISSIONER By &zva eanro.-s' Ana Campos Industrial Relations Representative P W 11 (Revised 6/2021) Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Gavin Newsom, Governor Bureau of Field Enforcement- Public Works 320 W Fourth Street, Suite 450 }� •F u1lE K4-• Los Angeles, CA 90013 TEL: 510-507-9302 W G * EMAIL: acampos@dir.ca.gov � Q HELLAS CONSTRUCTION INC 12000 W PARMER LANE 4t AUSTIN, TX 78613 DATE: March 29, 2024 In Reply Refer to Case No: 40-80238-864 NOTICE OF APPRENTICESHIP COMPLIANCE Project Name Awarding Body Project No. DIR Project ID Synthetic Turf Canyon Hills Park ::]City of Lake Elsinore O 462838 Prime Contractor HELLAS CONSTRUCTION INC Subcontractor X The Division of Labor Standards Enforcement (DLSE) has received a co mplaint alleging that you are not in compliance with Labor Code Section 1777.5. The alleged violations is/are as follows: ( ) Failure to provide the applicable Apprenticeship Committees with notice of cont ract tract award in a timely manner. Failure to properly request dispatch of apprentices from the applicable Apprenticeship pp pp eship Committee(s) in a timely manner. Failure to employ apprentices in compliance with required apprentice to journeyman pp � yman ratio. Failure to properly employ apprentice(s) by assigning apprentice perform work (s) to p outside the craft or trade of the apprenticeable occupation. Failure to make the required training fund contributions to an approved apprenticeship pp pp 1p program or to the California Apprenticeship Council (CAC). X The Division of Labor Standards Enforcement (DLSE) is charged with ensuring g compliance with the apprenticeship requirements of Labor Code Section 1777.5 and California Code of Regulations Title 8 g , §227 et seq. for public works projects. Verification of compliance with these requirements is a routine art of D 'p LSE s public works monitoring and investigation. Please submit a response to the allegations above, if any, and the followingevidence ev e of compliance with the apprenticeship requirements of Labor Code Section 1777.5 postmarked by Aril 12 2024 p � . 1 . DAS 140 — Contract Award Information (or equivalent) with proof of submission to applicable apprenticeship pp pp p committees, 2. DAS 142 — Request for Dispatch of an Apprentice (or equivalent) with proof of submission to applicable apprenticeship pp pp enticeship committees; 3. Accounting and proof of payment of the training fund contributions to California Ap prenticeship Council or approved ed apprenticeshipprogram. Non-compliance will result in civil penalties and/or denial of the right to bid on or receive g eve public works contracts for a period of up to three (3) years per California Labor Code Section 1777.7. STATE LABOR COMMISSIONER By &S,06, �i y Ana Campos Industrial Relations Representative P W 11 A (Revised 612021) Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Gavin Newsom, Governor Bureau of Field Enforcement- Public Works 320 W Fourth Street, Suite 450 }�•S�p`�� •.''yf Los Angeles, CA 9 •'��► 0013 Q ; TEL: 510-507-9302 EMAIL: acampos@dir.ca.gov City of Lake Elsinore ' 130 South Main Street Lake Elsinore,CA 92530 DATE: In Reply Refer to Case No: March 29, 2024 40-80238-864 REQUEST FOR INFORMATION, AWARDING BODY Project Name Awarding Body Project No. DIR Project ID Synthetic Turf Canyon Hills Park City of Lake Elsinore O 1461-838 Prime Contractor HELLAS CONSTRUCTION INC Subcontractor This office is currently conducting an investigation to determine if the above-mentioned contractor(s) are in violation of the Public Work Laws, Labor Code Sections 1720 through 1861 and /or d/or Skilled and Trained Workforce (STW) Requirements, Public Contract Code sections 2600 through 2602. To assist us in our investigation, copies of the noted (X) documents and informa tion are hereby requeste %19 X Contract (including �0 v �� ( g scope of work) X Performance Bond and Payment Bond (Labor/Material Bond) AIR 0 5 2024 X Bid Advertisement and Date First Published (attach cop of Newspaper/Online Y Ad) X Page(s) Listing Prevailing Wage Rate for the Project ITY CLERK$ �FFIC X Page(s) Advising Contractor of Legal Requirements to Pa Prevailing Wage y g e g X Page(s) Advising Contractor of Legal Requirements to utilize Skilled and Traine d Workforce X HELLAS CONSTRUCTION INC monthly report(s) demonstratingcompliance X HELLAS CONSTRUCTION �� p ce with STW requirements INC plan(s) to achieve substantial compliance" and re onse s if an X Name(s) and Address es of all p ( � ( y) Address(es) Subcontractor(s) performing work on this project X Certified Payroll Records received by your agency for work performed b p y HELLAS CONSTRUCTION INC X Valid Notice of Completion (county recorder filing) or document evidencing ' your agency's acceptance of the project completed on a particular date (attach copy) X Date Project Began X Completion Date IF NOT, Estimated Date X Total amount of retention being held by your agency for project $ X Total amount behing withheld by your agency pursuant to Public Contract Code se ction 2602 $ X Date of Final Payment X Inspector's Daily Log(s) X Physical Address of Project X Please advise if this project's funding requires the use of an approved Labor Compliance pp p ance Program Other Please be assured that the above requested information will be utilized for official u o p rp ses only. ** YOU MAY ALSO EMAIL THE RECORDS TO aca mpos@dir.ca.gov STATE LABOR COMMISSIONER By a.... �i y Ana Campos Industrial Relations Representative P W 6 (Revised 6l202 1) STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMEN CERTIFICATION OF SERVICE BY MAIL T (C.C.P. 1013a) OR CERTIFIED MAIL PLEASE MAIL / EMAIL RESPONSIVE RECORDS TO: Ana Campos acampos*dir.ca.gov 320 W Fourth Street, Suite 450 Los Angeles, CA 90013 City-of-Lake-Elsinore --- --- ------- ------------------------------------ 130 South Main ---------------------------------------------------------------- ain Street --------------------------- ------------------------- Lake Elsinore,CA 92530 ---------------------------------------------------------------- ----------------------------------------- --------------------------------------------- ----------------------- -------------------------------- Documents 1 , 2 and 6 only ---------------------------------------------------------------- HELLAS CONSTRUCTION INC ----- ------------------- --------- --- 12000-W PARMER- ------------- LANE ---------------------------------------------------------------- ------------------------- ------------ ------------ - AUSTINTX 78613 --------------------------------------------- -------------------------------------------- ------------------------------------------ --- ------------------------------------ --- ----- -------- ------- ---- ----------------- Documents 1 , 3, 4, 5 and 6 only ---------------------------------- ----- I, Timothy Miranda , do hereby certify that I am a resident of or employed in the County of Los Angeles , over 18 years of age, and not a part to the within action,on, and that I am employed at and my business address is: Division of Labor Standards Enforcement Public Works Unit 320 W Fourth Street, Suite 450 Los Angeles, CA 90013 On March 29, 2024 , I served the within: ( 1 ) Notice of Investigation; (2) Request for Information, Awarding Body; (3) Request for Payroll Records; (4) Statement of Employer Payments; (5) Public Works Payroll Reporting Form A 1 -131 ; and r (6) Notice of A pp enticeship Compliance by placing a true copy thereof in an envelope addressed to the above boxe s as follows, and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mc- Los :Angeles b g Y X Ordinary first class mail X Certified mail Registered mail I certify under penalty of perjury that the foregoing is true and correct Executed on March 29, 2024 , at Los Angeles , Count of Los Y Angeles , California T��W� H�� SIGNATURE 40-80238-864 P W 34 (Revised-6/2021) STATE OF CALIFORNIA Gavin Newsom, Goz)ernor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Labor Standards Enforcement Headquarters Office MAILING ADDRESS: 1515 Clay Street, Ste. 1302 P. O. Box 420603 Oakland, CA 94612 San Francisco, CA 94142-0603 Tel: (510) 285-2118 Fax: (510) 285-1365 Lilia Garcia-Brower California Labor Commissioner AWARDING BODY RESPONSIBILITIES Sent via email only Dear Awarding Body, The Labor Commissioner's Office (LCO) is statutorily ly obligated to ensure compliance with ith Public Works laws. This letter is a tool to ensure that awarding bodies understand their leg al obligations and potential consequences when awarding a project subject to California's Prevailing ling Wage Laws ("PWL") (Lab. Code § § 1720 — 1861 ). For all projects which require the payment prevailing 1 2. q p y ent of prevailing wages awarding bodies must do the following . • Register projects using the P WC- 100 form. Pro 'ect re i� gst ration must be completed within 30 days of awarding the contract, but no later than the first day On which work is performed. (Lab. Code 1773 .35 subd. (a).) § • Obtain prevailing wage_ rates from DIR. e d Co .b La ( § 1773 .) • Y must Notify contractors and subcontractors that the register g er with DIR and that the project is subject to enforcement by DIR. Post or require contractorjobsite q s to post notices on public works requirements. (Lab. Code § 1771 .4.) • Require proof of public works contractor registration before e accepting a bid or awarding a contract. To find actively registered contractors, use: Public Works C Contractor Registration Search. (Lab. Code §§ 1725.5; 1771 . 1 ; 1773 .3 . • Ensure that public works contractors a prevailing wages pay p Wies g_ and are In compliance with public works laws. Awarding bodies are specfically required to take cogniz ance of and promptly, re Dort an sus ected violations of PWL to the La — bor Commissioner (Lab. Code § 1726. An awarding body that fails t0 timely 'ro provide project p p � information, enters into a contract with, or permits an unregistered contractor to engage in the performance of an public y p work is subject t0 civil penalties Of $ 100.00 for each day of violation. (Lab. Code 1773 .3§ , subd. (c)( 1 ), (d).) 1 An awarding body is the entity that awa rds a contract for public works and is sometimes known as the project owner. The awardin g body can be any kind of public agency or official or a public funds. g y � private entity using 2 A limited exemption from the notice . p and registration requirements exists for public works projects do not exceed $25,000 for n p p � s that new construction, alteration, installation, demolition or repair, or $ 15 000 p � for maintenance. (See Lab. Code § § 1771 . 19 subd. (n) and 1773 .3 9 subd. 0).) An awarding body' s failure to adhere to these requirements may lead to costly consequences. For example, an awarding body was recently found liable for $10,000 for contracting with and permitting an unregistered contractor to perform work on a public works project in violation of Labor Code section 1725.5. The hearing officer found that the small-projects exemption for maintenance work under Labor Code section 1773 .30) did not apply, because the subject Agreement constituted a public works maintenance contract for a project greater than $15,000.00. Another awarding body was cited and assessed $5,700.00 for permitting an unregistered contractor to perform work on a project for 57 days. A third awarding body recently paid over $14,000.00 in wages and training fund contributions to the Labor Commissioner on behalf of 17 workers after instructing contractors on a project to use an incorrect worker classification. Awarding bodies should be aware that contractor registration is also required on housing projects governed by Public Contract Code section 4104, which is incorporated in Labor Code section 1725.5. These new housing projects are not subject to the limited exemptions listed above. Further, an awarding body's failure to adhere to these requirements compromise important objectives of the PWL and may jeopardize its ability to obtain state funding for a project as a result. (Lab. Code § 1773 .3, subd. (g).) An official who intentionally ignores this requirement may be subject to criminal prosecution. (Lab. Code § 1777.) Please refer to the FA Qs on our website for additional information regarding PWL requirements. Feel free to contact our Public Works Unit at publicworkskdir.ca.gov_ if you have any questions regarding [AWARDINGBODY] obligations when awarding a project subject to PWL. For general information on the laws enforced by the Labor Commissioner you may call 833-LCO-INFO (833-526-4636). My Office is committed to promoting compliance with workplace protections for vulnerable workers, which also levels the playing field and supports law-abiding contractors. We hope to continue in strong partnership with your organization toward these worthy goals. Sincerely, Lilia Garcia-Brower California Labor Commissioner