What is a Civil Wage and Penalty Assessment?

Civil Wage and Penalty Assessment

The Division of Labor Standards Enforcement (DLSE) monitors public works projects in California and is responsible for issuing a Civil Wage and Penalty Assessment (CWPA) if violations of prevailing wage laws occur. These are issued to subcontractors, prime contractors, and their surety if they are accused of underpaying their workers. If you are a contractor facing a CWPA, here’s what you need to know.

Request for Settlement Deadline

CWPA deadlines are extremely important to keep in mind. As a prime contractor, you and your surety are equally responsible for paying the wages and the penalties owed by subcontractors. Once you receive a CWPA, you need to act fast. Within 30 days of the service of the CWPA, a Request for Settlement must be submitted to contest the amount of wages or penalties in question. Missing this deadline could cause further issues for your business. Obtaining a licensed attorney with experience in CWPA defense provides you the best opportunity for adhering to this deadline correctly and reaching a settlement quickly.

If you and your lawyer determine a request for settlement isn’t right for your case, you do have another option. 

Request for Review Deadline

If you choose not to go the route of a settlement, you will have 60 days from the date of service of the CWPA to submit a Request for Review. Upon submitting this request, you will be appointed a hearing officer who will act as the judge and jury at a formal hearing. It’s important to note that submitting this request also allows you to review the evidence the DSLE has against you. This information will help you and your lawyer better prepare for your hearing.

Although both Request for Settlement and Request for Review deadlines are important, the latter can have more impact on your career. Failing to submit your request for review within your 60-day window can result in the full amount of the CWPA being entered against all contractors.

Civil Wage and Penalty Assessment Defense

CWPA cases are complicated and require a lot of documentation. Set yourself up for success by recruiting a licensed defense lawyer with experience in these cases. Attorneys like those at Unlock Legal have years of experience navigating difficult cases. Our team can save you time and money and give you back your peace of mind.

Contact Unlock Legal

Are you facing a Civil Wage and Penalty Assessment? Contact us immediately.

Civil Wage and Penalty Assessments can cost thousands of dollars in penalty fees.

We have experienced attorneys in all aspects of Civil Wage and Penalty Assessments. We will work tirelessly to help you get the best outcome possible for your case.

Unlock Legal provides focused representation in criminal defense and license defense for California professionals. Contact Unlock Legal today or give us a call at 949-997-1471 to speak with a civil wage and penalty assessment attorney about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.

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