Public works: civil wage and penalty assessments.

Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a willful violation of the laws regulating public works. An affected contractor or subcontractor may obtain a review of the civil wage and penalty assessment by requesting a hearing from the office of the Labor Commissioner, after which the director shall issue a written decision. Under existing law, the contractor or subcontractor has the burden of proving that the basis for the civil wage and penalty assessment is correct. This bill would instead require the Labor Commissioner to prove that the basis for the civil wage and penalty assessment is correct.