BILL NUMBER: AB 1927	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member DeVore

                        FEBRUARY 1, 2006

   An act to amend Section 1776 of the Labor Code, relating to
prevailing wages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1927, as introduced, DeVore  Prevailing wages: payroll records.

   Existing law generally requires the payment of the general
prevailing rate of per diem wages to workers employed on public
works, as defined, costing over $1,000. Existing law requires each
contractor and subcontractor performing work on a public work to keep
payroll records regarding his or her employees. Existing law
authorizes an employee, a member of the public, a public agency, and
a joint labor-management committee to inspect these payroll records.
Existing law requires the obliteration of an employee's name,
address, and social security number from these payroll records when
the records are provided for inspection to the public or a public
agency, but only requires the obliteration of an employee's name and
social security number from these payroll records when the records
are provided for inspection to a joint labor-management committee.
   This bill would additionally require the obliteration of an
employee's address from these payroll records when the records are
provided for inspection to a joint labor-management committee.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1776 of the Labor Code is amended to read:
   1776.  (a) Each contractor and subcontractor shall keep accurate
payroll records, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or
be verified by a written declaration that it is made under penalty
of perjury, stating both of the following:
   (1) The information contained in the payroll record is true and
correct.
   (2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 for any work performed by his or her employees
on the public works project.
   (b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the contractor on the following
basis:
   (1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
   (2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards  of the Department of Industrial
Relations  .
   (3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof. However, a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been
provided pursuant to paragraph (2), the requesting party shall,
prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the request was made. The public may not be given access to
the records at the principal office of the contractor.
   (c) The certified payroll records shall be on forms provided by
the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division. The payroll
records may consist of printouts of payroll data that are maintained
as computer records, if the printouts contain the same information as
the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
   (d) A contractor or subcontractor shall file a certified copy of
the records enumerated in subdivision (a) with the entity that
requested the records within 10 days after receipt of a written
request.
   (e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement shall be marked or
obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor
awarded the contract or the subcontractor performing the contract
shall not be marked or obliterated.  Any 
    (f)     Any  copy of records made
available for inspection by, or furnished to, a joint
labor-management committee established pursuant to the federal Labor
Management Cooperation Act of 1978 (29 U.S.C. Sec.  175a) shall be
marked or obliterated  only  to prevent disclosure
of an individual's name  , address,  and social security
number. A joint labor management committee may maintain an action in
a court of competent jurisdiction against an employer who fails to
comply with Section 1774. The court may award restitution to an
employee for unpaid wages and may award the joint labor management
committee reasonable attorney's fees and costs incurred in
maintaining the action. An action under this subdivision may not be
based on the employer's misclassification of the craft of a worker on
its certified payroll records.  Nothing in this 
 This  subdivision  limits   does not
limit  any other available remedies for a violation of this
chapter.  
   (f) 
    (g   )  The contractor shall inform the body
awarding the contract of the location of the records enumerated under
subdivision (a), including the street address, city, and county, and
shall, within five working days, provide a notice of a change of
location and address.  
   (g) 
    (h   )  The contractor or subcontractor has 10
days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event
that the contractor or subcontractor fails to comply within the
10-day period, he or she shall, as a penalty to the state or
political subdivision on whose behalf the contract is made or
awarded, forfeit twenty-five dollars ($25) for each calendar day, or
portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, these
penalties shall be withheld from progress payments then due. A
contractor is not subject to a penalty assessment pursuant to this
section due to the failure of a subcontractor to comply with this
section.  
   (h) 
    (i   )  The body awarding the contract shall
cause to be inserted in the contract stipulations to effectuate this
section.  
   (i) 
    (j)  The director shall adopt rules consistent with the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable
fees to be charged for reproducing copies of records required by this
section.