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 payment of not less than the determined rate for the classification of work actually performed, and Labor Code 1775 attaches the difference plus a per-day penalty. The fix is reclassification and back pay: mapped to the correct Laborer Group and recomputed from the first week, before the record is certified.