Office of Civil Rights - Labor Compliance

BART’s Labor Compliance Unit (LCU) within the Office of Civil Rights (OCR) ensures that prime contractors, subcontractors and professional services firms on public works construction projects strictly adhere to Federal and State prevailing wage guidelines by collecting, monitoring and documenting certified payroll reports (CPR), verifying accuracy through site visits and worker interviews, and initiating the enforcement process in the event of violations.

California Labor Code §1726 requires that BART take cognizance of prevailing wage violations, and when BART identifies possible violations it can then formally notify the State of California's Department of Industrial Relations (DIR) who may impose penalties and recover back wages through the withholding of contract payments.

A worker uses a saw at a BART construction project

Workers

Do you have questions about Prevailing Wage on Public Works projects?

Contact BART’s Labor Compliance Unit Hotline

(510) 287-4993

Workers on BART Public Works projects can submit a Worker Complaint Form to notify BART's Labor Compliance Unit of potential prevailing wage violations.

LCU Worker Interview-Compliant Form - English 10.2017.doc

Download BART’s Labor Compliance Information Card for Workers

Worker Information Card - English (PDF)

Worker Information Card - Chinese (PDF)

Worker Information Card - Spanish (PDF)

State of California Department of Industrial Relations Prevailing Wage Determinations

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

Contractors

All workers employed on public works projects must be paid the prevailing wage rate as determined by the Director of the Department of Industrial Relations, depending on the location of the project and type of work performed.

BART Fact Sheets for Contractors

Labor Compliance Fact Sheet

Helpful Links

State of California Department of Industrial Relations Prevailing Wage Determinations

State of California Department of Industrial Relations Apprentice Prevailing Wage Determinations

Certified Payroll Reports

Contractors on BART public works projects submit electronic Certified Payroll Reports (CPRs) through Elation Systems

https://www.elationsys.com/elationsys/

Additionally, contractors are required to submit CPRs to the California State Department of Industrial Relations.

http://www.dir.ca.gov/public-works/certified-payroll-reporting.html

SB 854 Public Works Contractor Registration Information

All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to the California Department of Industrial Relations. (SB 854)

https://efiling.dir.ca.gov/PWCR/

Project Stabilization Agreements (PSAs)

Several BART public works projects are governed by Project Stabilization Agreements (PSA). Each PSA carries specific requirements and goals. The three current PSAs are listed below, along with pertinent fact sheets and forms.

Major Projects PSA

BART Major Projects Project Stabilization Agreement

Updated Exhibit A - Project list

Agreement to be Bound

Workforce Documents

Workforce Projection Form

Request for Craft Employees Form – Non-Federally Funded Projects

Request for Craft Employees Form – Federally Funded Projects

Good Faith Efforts Steps – Affiliate Unions

Good Faith Efforts Steps - Contractors

Pre-Job Conference Documents

Major Projects Pre-Job Conference Fact Sheet

Major Projects Pre-Job Form

Hayward Maintenance Complex PSA

Hayward Maintenance Complex Project Stabilization Agreement

eBART PSA

eBART Project Stabilization Agreement

Schedule A's - Collective Bargaining Agreements

The following is a list of Collective Bargaining Agreements (or Schedule A's) from the San Francisco Bay Area Rapid Transit District's signatory unions to the Major Projects Project Stabilization Agreement. BART requests updated CBAs from signatory unions on a regular basis and updates to this section will be provided as additional information is received. If you have updated information to provide, please contact us at [email protected]