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
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Bureau of Field Enforcement-Public Works t.i a:V u ` " -s� Or
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464 W.Fourth Street,Ste 348 `
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San Bernardino,CA 92401 .tiiB 21 Ail 11 17 s3 �
TEL: pchavira@dir.ca.gov FAX: (909)383-6397
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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
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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)