Penalty. Employees who violate any provision of this law prohibiting strikes or of this Article will be subject to disciplinary action up to and including discharge, and any such disciplinary action by the state shall not be subject to the grievance procedure established herein.
Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general pre...
Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
Penalty. Xxxxx Fountain shall issue two separate checks for a total amount of twelve thousand dollars ($12,000.00) as follows: (a) one check made payable to the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) in the amount of nine thousand dollars, ($9,000.00), representing 75% of the total penalty; and (b) one check to Consumer Advocacy Group, Inc. in the amount of three thousand dollars ($3,000.00), representing 25% of the total penalty. OEHHA’s check shall be delivered to Office of Environmental Health Hazard Assessment P.O. Box 4010 Sacramento, CA 95812-4010, Attn: Xxxx Xxxxxxx. CAG’s check shall be delivered to: Xxxxxx Xxxxxxxxxxx, Xxxxxxxxxxx & Xxxxxxxxxxx, 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000X, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000. Additionally, two separate 1099s shall be issued for the above payments: The first 1099 shall be issued to OEHHA, P.O. Box 4010 Sacramento, CA 95812-4010, Attn: Xxxx Xxxxxxx (EIN: 00-0000000) in the amount of $9,000.00. The second 1099 shall be issued in the amount of $3,000.00 to CAG and delivered to Yeroushalmi & Yeroushalmi, 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx 000X, Xxxxxxx Xxxxx, XX 00000.
Penalty a. The Construction Manager and any Subconsultant under the Construction Manager shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Construction Manager and any Subconsultant shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded a penalty of not more than fifty dollars ($50.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Preconstruction Services Contract by the Construction Manager or by any Subconsultant under the Construction Manager in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive.
b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Construction Manager or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Construction Manager or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Construction Manager or Subconsultant had knowledge of the obligations under the Labor Code. The Construction Manager is responsible for paying the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contract.
c. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Construction Manager or Subconsultant.
d. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Construction Manager of the project is not liable for the penalties described above unless the Construction Manager had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Construction Manager fails to comply with all of...
Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31
Penalty. “Was the degree of discipline administered by the Employer in a particular case reasonably related to:
a. The seriousness of the employee’s proven offense, and
b. The record of the employee in his service with the Employer?"
Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 USC 1352. Any persons who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $150,000, for each failure.
Penalty. The only matter which may be made the subject of a grievance concerning disciplinary action imposed for an alleged violation of Section 1 is whether or not the employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent.
Penalty. In accordance with §1775 of the Labor Code, the Contractor shall forfeit to the District as penalty, the sum of fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates, as determined by the Director of the California Department of Industrial Relations, for any work done under this Contract by Contractor or by any Subcontractor. Contractor shall also pay each worker the difference between the stipulated prevailing wages rates and the amount actually paid to such worker.
