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18-0321_TAYLOR TENNIS COURTS, INC_Civil Wage and Penalty Assessment Labor Commissioner,State of California Department of Industrial Relations Edmund G.Brown Jr.,Governor Division of Labor Standards Enforcement ��, E caln:.: _'', Bureau of Field Enforcement-Public Works t.i a:V u ` " -s� Or 'eF 464 W.Fourth Street,Ste 348 ` r� PINI p 1 Q '1 San Bernardino,CA 92401 .tiiB 21 Ail 11 17 s3 � TEL: pchavira@dir.ca.gov FAX: (909)383-6397 CITY; LER :�=>:�'y-: r �F<t iioax•►/ AN JUAN t,lW1SI fc.,-t ► DATE: In Reply Refer to Case No: March 19,2018 40-53205/398 CIVIL WAGE AND PENALTY ASSESSMENT Awarding Body Work Performed in County of CITY OF SAN JUAN CAPISTRANO-PUBLIC WORKS ORANGE PROJECT NAME Project No. CAMINO CAPISTRANO SPORTS COURTS RESURFACING CIP 15304 Prime Contractor TAYLOR TENNIS COURTS,INC Subcontractor TAYLOR TENNIS COURTS,INC After an investigation concerning either the payment of wages to workers employed in the execution of the contract for the above-named public works project or compliance with the apprenticeship standards found in Labor Code section 1777.5, or both,the Division of Labor Standards Enforcement(the"Division")has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above.In accordance with Labor Code section 1741,the Division hereby issues this Civil Wage and Penalty Assessment. The nature of the violations of the Labor Code and the basis for the assessment are as follows: Wage Violations: Taylor Tennis Courts,Inc.failed to pay the correct prevailing wage rates to all its workers and therefore owe wages and penalties in accordance with Labor Code section 1775. Applicable penalty is reduced from$200.00 per violation to$100.00 per violation. Apprenticeship Violations: Taylor Tennis Courts,Inc.failed to submit Contract Award information for the classification of Laborer to all approved committees in violation of Labor Code section 1777.5. Penalty rate was reduced from $100.00 per violation to$50.00 per violation. The attached Audit Summary further details the basis for this Assessment and itemizes the calculation of wages and penalties due under Labor Code sections 1775 and 1813. The Division has determined that the total amount of wages due is: $3,972.99 The Division has determined that the total amount of penalties assessed under Labor Code sections 1775 and 1813 is: $4,800.00 The Division has determined that the amount of penalties assessed under Labor Code section 1777.7.is: $1,950.00 The Division has determined that the amount of penalties assessed under Labor Code section 1776 against TAYLOR TENNIS COURTS,INCis: $0.00 Please refer to page 5 for specific withholding obligations pertaining to these amounts. S •i;:• I O k ISSIONER 1101 By Punlloa Chavira Industrial Relations Representative PWn (Rowed.7/2013) Page 1 of 5 Notice of Right to Obtain Review-Formal Hearing In accordance with Labor Code Section 1742,an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment. To obtain a hearing,a written Request for Review must be transmitted to the following address: Labor Commissioner-State of California Civil Wage and Penalty Assessment Review Office PO Box 32889 Long Beach,CA 90832 A Request for Review either shall clearly identify the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment,or it shall include a copy of the assessment as an attachment,and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 1742,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 Labor Commissioner's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor,and which shall also be binding,with respect to the amount due,on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. In accordance with Labor Code section 1742(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. • • (continued on next page) Page 2 of 5 Opportunity for Settlement Meeting In accordance with Labor Code section 1742.1(c),the Labor Commissioner shall,upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, 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. 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 a hearing as set forth above under the heading Notice of Right to Obtain 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. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing,and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting,however,does not extend the 60-day period during which a formal hearing may be requested. A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to Puniloa Chavira at the following address: State of California-Department of Industrial Relations Division of Labor Standards Enforcement-Public Works Unit 464 W.Fourth Street,Ste 348 San Bernardino,CA 92401 Payment of Civil Wage and Penalty Assessment Payment of the assessed wages and/or penalties must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assessment: State of California-Department of Industrial Relations Division of Labor Standards Enforcement-Cashiering Unit 2031 Howe Avenue,Suite 100 Sacramento,CA 95825-0196 (continued on next page) • Page 3 of 5 1-- • Liquidated Damages In accordance with Labor Code section 1742.1(a),after 60 days following the service of this Civil Wage and Penalty Assessment,the affected contractor,subcontractor,and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages,or portion that still remain unpaid.If the assessment 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 of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error,the Director shall waive payment of the liquidated damages. Notwithstanding the above,in accordance with Labor Code 1742.1(b),there shall be no liability for liquidated damages if the full amount of the assessment or notice,including penalties,has been deposited with the Department of Industrial Relations,within 60 days following service of the Assessment or Notice,for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds,plus any interest earned,at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. Deposits must be made by check or money order payable to the Department of Industrial Relations with a letter and a copy of the Civil Wage and Penalty Assessment and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O.Box 420603 San Francisco, CA 94142 The Amount of Liquidated Damages Available Under this Assessment is: $3,972.99 (continued on next page) Page 4 of 5 Statutory Withholding Obligations 1. Awarding Body Withholding Obligations In accordance with Labor Code section 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 this Civil Wage and Penalty Assessment.The amount required to satisfy this 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. The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is: Wages Due: $3,972.99 Penalties Due Under Labor Code sections 1775 and 1813: • $4,800.00 Penalties Due Under Labor Code section 1777.7: $1,950.00 Penalties Due Under Labor Code sections 1776: $0.00 Total Withholding Amount: $10,722.99 2.Prime Contractor Withholding Obligations: In accordance with Labor Code section 1727(b),if the awarding body has not retained sufficient money under the contract to satisfy this 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. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. riIf this box is checked,the Labor Commissioner hereby requests that the prime contractor withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satisfy this assessment: • Wages Due: $3,972.99 Penalties Due Under Labor Code sections 1775 and 1813: $4,800.00 Penalties Due Under Labor Code section 1777.7: $1,950.00 Penalties Due Under Labor Code sections 1776: $0.00 Total Withholding Amount: $10,722.99 Distribution: Awarding Body Surety(s)on Bond • Prime Contractor Subcontractor Page 5 of 5 • PUBLIC WORKS AUDIT WORKSHEET TOTAL AMOUNT DUE/OWING • 13572.99 EMPLOYER/FIRM DEPUTY OFFICE WAGES DUE AND OWING Taylor Tennis Courts,Inc. Puniloa Chavira San Bernardino 3863.55 ADDRESS • CITY TRANSCRIBER PENALTIES DUE AND OWING 9600.00 PROJECT AWARDING BODY PRIME AUDIT NUMBER/CASE NUMBER TRAINING FUND DUE/OWING Camino Capistrano Spoi City of San Juan Capistrano-PW Taylor Tennis Courts,I#40-53205/398 109.44 PERIOD HOURS WORKED OTHER TOTAL PREVAILING WAGE REQUIREMENTS AMOUNT OWING PENALTIES PENALTIES TRNG. TOTAL EMPLOYEE CLASSIFICATION WORKED ST. OT. D.T. WAGES PAID WAGES PAID *OTHER TOTAL WAGES AND UNPAID NO.1 NO.2 FUND AMOUNT DUE Jose Mendoza Laborer 05/27/16-11/16/18 105 0 0 0.00 3130.05 0.00 5063.10 2648.49 4800.00 0.00 67.20 7515.69 • Luis Lopez Laborer 05/27/16-11/17/17 66 0 0 0.00 1967.46 0.00 3182.52 1215.06 4800.00 0.00 4224 6057.30 12/26/98-06/17/00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/86 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 07M6/97-0V07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-0V07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07M6/97-0V07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0M/97-OVUM 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 07/16/97-0V07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 01/02/99-06/26/99 0 0 0 0.00 0.00 0.000.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' 07M6/97-01/07/98• 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • 07/16/97-01/07M8 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 • 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/1e67-OVUM 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 . 0.00 07M6/97-0V07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 07/16/97-01/07/98 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Balance Brought forward from audi3 Summary 0.00 0.00 0.00 0.00_ 0.00 0.00 0.00 0.00 0.00 :=1=1;47:1771716=r e following entries represent the amounts relied upon for I 0.00 5097.51 0.00 8245.62 3863.55 9600.00 0.00 109.44 $13,572.99 calculating Labor Code 1775 and 1813 penalties. 1775 200.00 Per Day 1813 25.00 Per Day Summary Page 1 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL I, Shelley Dorsey ,do hereby certify that I am a resident of or employed in the County of San Bernardino ,over 18 years of age, and not a party to the within action, and that I am employed at and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement-Public Works Unit 464 West 4th Street, Room 348 San Bernardino,CA 90401-1414 On March 19,2017 ,I served the within: (1)Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as follows: 'C Y4TaiSA1V#30ANaC,APISTsR A_N%®, PURL TAYLOR TENNIS COURTS,INC 1 32400 PASEO ADELANTO ] 31441 SANTA MARGARITA PKY,SUITE A158' SAN JUAN CAPISTRANO, CA 92675 RANCHO SANTA MARGARITA, CA 92688 JAMES R.TAYLOR Documents 1 and 2 only Documents 1,3,4,5 and 6 only 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 mail in San Bernardino by: 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 19,2018 at San Bernardino , County of` San Bernardino , California Shelley Dorsey Office Technician STATE CASE NO. • 40-53205/398 PW 34 (Revised-4/200x)