Finding 01
A job title chosen to pay a lower rate, not because the work isn't listed
The register lists a job title the company uses every day. The DIR determination for that county already covers this work — under a different craft, at a higher rate. Splitting the same duties across a lower-paid title doesn't create a gap in the schedule; it evades a rate that's already listed. The worker is still paid every week regardless — what's owed is the difference, computed from the first day worked in that classification, not the week someone catches it.
Scroll this table sideways — the last column is the base rate as entered.
| Name | Class as entered | Hours | Base rate |
|---|---|---|---|
| MARTINEZ, J. | Laborer, Group 1 | 40.0 | 31.15 |
| FlagFlagged line. SANCHEZ, R. | Skilled laborer | 38.5 | 26.40 |
| OKAFOR, D. | Cement Mason | 40.0 | 38.02 |
Exception“Skilled laborer” is not a craft on the governing determination — the DIR schedule for this county lists Laborer Groups 1–4 and Cement Mason, and the duties performed fall inside one of them under that determination's scope-of-work provisions. Labor Code 1774 requires the contractor to pay not less than the specified prevailing rates, and Labor Code 1775(a)(1) states the exposure in terms of the classification of work actually performed: the wage difference, plus a penalty for each day, for each worker paid below the determination. The fix is reclassification and back pay: mapped to the correct Laborer Group and recomputed from the first week, before the record is certified.