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JAH.djk 01/07/88R (#21) <br /> _ JAl_ijk 02/05/88R <br /> JAH:djk 04/07/88R <br /> <br /> (h) Enforcement. In addition to any other rights provided <br />by California law to recover compensation, a worker that has been <br />paid less than the prevailing wage rates shall have a right to <br />commence an action or proceeding against his or her employer for <br />the difference between the prevailing wage rates and the amount <br />paid to such worker for each calendar day or portion thereof for <br />which the worker was paid less than the compensation required to <br />be paid under the provisions of this policy. No issue other than <br />that of the liability of the employer for the amount of unpaid <br />wages allegedly due shall be determined in such action or <br />proceeding, and the burden shall be on the employer to establish <br />that the amounts demanded are not due. A worker recovering any <br />or all of the wages claimed to be due shall recover his or her <br />costs and attorneys fees in securing such recovery. <br /> <br /> Nothing in this section shall preclude its enforcement by <br />the California Division of Labor Standards Enforcement. <br /> <br /> (i) Interpretation of Policy. Where the application of <br />this policy in a given circumstance is unclear, the Executive <br />Director may refer to statutes, regulations and precedents that <br />apply to the determination and payment of prevailing wages on <br />public works projects of public agencies in California, and base <br />his determination on the most nearly applicable rule he there <br />finds. <br /> <br /> 5 <br /> <br /> <br />