CSLB Law & Business ExamPublic WorksHard
A general contractor is found to have willfully failed to pay the correct prevailing wage rate to five laborers over a 20-day period on a public works project. Under Labor Code §1775, what is the maximum civil penalty the Labor Commissioner may assess per day, per underpaid worker, for a willful violation?
- A$100
- B$50
- C$200
- D$25
Show answer & explanationAnswer & explanation
Correct answer: C. $200
Labor Code §1775 authorizes the Labor Commissioner to assess a civil penalty of up to $200 per day, per worker, for willful or repeat violations of prevailing wage requirements. This is separate from the obligation to pay the underpaid wages themselves.
Why the other options are wrong
- A. $100 is the penalty range for less serious, non-willful first violations.
- B. $50 is also below the current maximum penalty amount.
- D. $25 is far below the statutory maximum for willful violations.
Prevailing Wage Penalties
Labor Code §1775 allows civil penalties up to $200 per day per worker for willful prevailing wage violations, in addition to back wages owed.
- Penalty amount depends on willfulness and violation history
- Applies per worker, per day of violation
- Enforced by the Labor Commissioner
Memory trick: Willful means $200 a day, no delay.