PROBATION DEPARTMENT - Los Angeles County Probation ...

INTRODUCTION
Fair Labor Standards Act, employment of minors, or unlawful
employment discrimination). To facilitate this process,
CONTRACTORS must submit with their proposal a completed
Acknowledgment and Statement of Compliance form, as set forth in
Appendix D - Required Forms Exhibit 15, and disclose on that form: 1)
any determination by a public entity within three (3) years of the date of
the proposal that the Firm committed a labor law/payroll violation, and
2) any pending claim which involves an incident of labor law/payroll
violation occurring within three years of the date of the proposal.
Applying established criteria, the COUNTY may deduct from 1 to 20
percent of the maximum number of available evaluation points for labor
law/payroll violations, with substantially increased deductions for a
CONTRACTOR’S failure to disclose reportable violations (See
Appendix M, "Guidelines for Assessment of Proposer Labor
Law/Payroll Violations). "Pending claims" (i.e., claims that do not have
a final disposition) will not result in point deductions; however, such
claims may be reported to the Board of Supervisors before a contract
is awarded.
1.37.2 If a Proposer believes that it does not fall within the Living Wage
Program’s definition of Employer or that it meets any of the exceptions
to the Living Wage Program, then the Proposer must complete and
submit to the COUNTY, no later than 12:00 PM, PT, Friday, June 3,
2011, the Application for Exemption, as set forth in Appendix D -
Required Forms Exhibit 18, and include in its submission all necessary
documentation to support the claim such as tax returns or a collective
bargaining agreement, if applicable. Upon reviewing the Proposer’s
application, the COUNTY will determine, in its sole discretion, whether
the Proposer falls within the definition of Employer or meets any of the
exceptions to the Living Wage Program. The COUNTY’S decision will
be final.
Note that the collective bargaining agreement exception applies if it is
demonstrated to the COUNTY that the agreement is bona fide and that
the agreement expressly provides that it supersedes all of the
provisions of the Living Wage Program, or (if not all) those specific
provisions that are superseded. The CONTRACTOR is subject to any
provision of the Living Wage Program not expressly superseded by the
collective bargaining agreement.
1.37.3 The Living Wage Program requires CONTRACTORS and their
Subcontractors to pay their full-time employees providing services to
the COUNTY no less than a living wage. The COUNTY has
established the Living Wage as $11.84 per hour without health
benefits, and $9.64 per hour with health benefits. In order to qualify for
paying the lower hourly Living Wage rate, the CONTRACTOR must
pay at least $2.20 per hour toward the provision of a bona fide health
care benefit plan for each employee and any dependents. Each
Proposer must complete the CONTRACTOR Living Wage Declaration,
Custodial Services – BJN and Court, and KJJC Page 20