BILL NUMBER: AB 766	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Monning
    (   Principal coauthor:   Assembly Member
  Bill Berryhill   ) 

                        FEBRUARY 17, 2011

   An act to  add Section 64.6 to   amend
Section 1776 of  the Labor Code, relating to  labor law
enforcement   public works  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 766, as amended, Monning.  Labor law enforcement.
  Public works: payroll records.  
   Existing law requires each contractor and subcontractor on a
public works project to keep payroll records regarding his or her
employees, and requires that these records contain information
specified by the Division of Labor Standards Enforcement. Existing
law requires certain personal identification information, as
specified, to be removed when certified payroll records are made
available for inspection to the public or to a public agency. 

   This bill would exempt certified payroll records made available
for inspection to an agency included in, and for the purposes of, the
Joint Enforcement Strike Force on the Underground Economy, or to any
law enforcement agency, from the requirement that certain personal
identification information be removed.  
   Existing law establishes the Department of Industrial Relations,
led by the Director of Industrial Relations, and charges that agency
with the responsibility for enforcing labor standards, occupational
safety and health standards, and other provisions of law relating to
the welfare of wage earners.  
   This bill would provide that nothing in the Labor Code shall limit
the authority of the Attorney General or the district attorney of
any county to prosecute civil or criminal actions for violations of
that code, or to enforce the provisions of that code, without
specific direction from the director. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
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   Except as provided in subdivision
(f), 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 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 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
subdivision limits any other available remedies for a violation of
this chapter. 
   (f) Any copy of records made available for inspection as copies
and furnished upon request to an agency included in, and for the
purposes of, the Joint Enforcement Strike Force on the Underground
Economy, as established pursuant to Section 329 of the Unemployment
Insurance Code, or to a law enforcement agency investigating a
violation of law, by the awarding body, the Division of
Apprenticeship Standards, or the Division of Labor Standards
Enforcement shall not be marked or obliterated to prevent disclosure
of an individual's name, address, and social security number. 

   (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. 
  SECTION 1.    Section 64.6 is added to the Labor
Code, to read:
   64.6.  Nothing in this code shall limit the authority of the
Attorney General or the district attorney of any county, either upon
his or her own complaint or the complaint of any person acting for
himself or herself or the general public, to prosecute actions,
either civil or criminal, for violations of this code, or to enforce
the provisions thereof independently and without specific direction
from the director.