Legal Question in Construction Law in California
preliminary notice form
Where can i find the information to answer the last question on the form: Trust Funds to which Supplemental Fringe Benefits are Payable or Laborers Due Compensation for the Project?
Please help.
Thank you so much
1 Answer from Attorneys
Re: preliminary notice form
The question relates to money employers agree to put into a trust fund for employees under a collective bargaining (union) contract, or a similar contract in the absence of a collective bargaining agreement. Section 3111 of the Civil Code is the main giverning law, and reads:
"For the purposes of this chapter, an express trust fund to which a portion of a laborer's total compensation is to be paid pursuant to an applicable employment agreement or a collective bargaining agreement for the provision of benefits, including, but not limited to, employer payments described in Section 1773.1 of the Labor Code and regulations thereunder, shall be entitled to assert the same rights and claims as laborers performing labor upon, or bestowing skill or other necessary services on, a work of improvement, to the extent of the compensation agreed to be paid to that express trust fund for labor on that improvement only."
So, I'd guess that the source of the information would be contracts the employer/contractor has with its employees or the union representing them.