AB 1336, as amended, Frazier. Prevailing wages: payroll records.
Existing law requires contractors engaged in public works to pay employees the prevailing wage, as determined by the Director of Industrial Relations, and to comply with requirements relating to recordkeeping and employee work schedules. A joint labor-management committee, established pursuant to a specified provision of federal law, is authorized to bring an action against any employer who fails to pay prevailing wages as required by state law. The action is required to be commenced not later than 180 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work, or some part thereof, was performed, or not later than 180 days after acceptance of the public work, whichever occurs last.
This bill would delete the requirement that the action be commenced not later than 180 days
after the filing of a valid notice of completion, as prescribed, or not later than 180 days after acceptance of the public work, whichever occurs last, and would instead require that the action be commenced not later than
begin delete 3 yearsend delete after the wages were due. begin delete The bill would authorize a joint labor-management committee, through its employees or designated representatives, to visit any public works project site to monitor compliance with applicable statutes by any contractor or subcontractor performing work on the site, as long as employees or representatives of the committee comply with reasonable safety rules and do not disrupt performance of the work.end delete The bill would begin delete alsoend delete
require, among other things, the court, in an action on prevailing wages, to award restitution to an employee for unpaid wages, plus interest, from the date the wages became payable, and would authorize the imposition of civil penalties, injunctive relief, or any other appropriate equitable relief.
Existing law requires each contractor and subcontractor to 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. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee is required to be marked or obliterated only to prevent disclosure of an individual’s name and social security number.
This bill would instead require that any copy of payroll records made available for inspection by, or furnished to, a joint labor-management committee, established pursuant to federal law, is required to be marked or obliterated only to prevent disclosure of an individual’s social security number. The bill would also require that any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund that requests the records for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individual’s full social security number, but provide the last 4 digits of the social security number.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1771.2 of the Labor Code is amended to
(a) A joint labor-management committee established
4pursuant to the federal Labor Management Cooperation Act of
51978 (29 U.S.C. Sec. 175a) may bring an action in any court of
6competent jurisdiction against an employer that fails to pay the
7prevailing wage to its employees, as required by this article. This
P3 1action shall be commenced not later than
begin deletethree years end delete
2after the wages were due.
3(b) A joint labor-management committee established pursuant
4to the federal Labor Management Cooperation Act of 1978 (29
5U.S.C. Sec. 175a), through its employees or designated
6representatives, may visit any public works project site to monitor
7compliance with this chapter by any contractor or subcontractor
8performing work on the site, provided that employees or
9 representatives of the committee comply with reasonable safety
10rules and do not disrupt the performance of work.
12 (1) In an action brought pursuant to this section, the court
13shall award restitution to an employee for unpaid wages, plus
14interest, under Section 3289 of the Civil Code from the date that
15the wages became due and payable, and liquidated damages equal
16to the amount of unpaid wages owed, and may impose civil
17penalties in accordance with Section 1775, injunctive relief, or
18any other appropriate form of equitable relief. The court shall
19award a prevailing joint labor management committee its
20reasonable attorney’s fees and costs incurred in maintaining the
21action, including expert witness fees.
22(2) An action pursuant to this section shall not be based on the
23employer’s misclassification of the craft of a worker in its certified
25(3) This subdivision does not limit any other available remedies
26for a violation of this chapter.
Section 1776 of the Labor Code is amended to read:
(a) Each contractor and subcontractor shall keep accurate
29payroll records, showing the name, address, social security number,
30work classification, straight time and overtime hours worked each
31day and week, and the actual per diem wages paid to each
32journeyman, apprentice, worker, or other employee employed by
33him or her in connection with the public work. Each payroll record
34shall contain or be verified by a written declaration that it is made
35under penalty of perjury, stating both of the following:
36(1) The information contained in the payroll record is true and
38(2) The employer has complied with the
39Sections 1771, 1811, and 1815 for any work performed by his or
40her employees on the public works project.
P4 1(b) The payroll records enumerated under subdivision (a) shall
2be certified and shall be available for inspection at all reasonable
3hours at the principal office of the contractor on the following
5(1) A certified copy of an employee’s payroll record shall be
6made available for inspection or furnished to the employee or his
7or her authorized representative on request.
8(2) A certified copy of all payroll records enumerated in
9subdivision (a) shall be made available for inspection or furnished
10upon request to a representative of the body awarding the contract
11and the Division of Labor Standards Enforcement of the
12Department of Industrial Relations.
13(3) A certified copy of all payroll records enumerated in
14subdivision (a) shall be made available upon request by the public
15for inspection or for copies thereof. However, a request by the
16public shall be made through either the body awarding the contract
17or the Division of Labor Standards Enforcement. If the requested
18payroll records have not been provided pursuant to paragraph (2),
19the requesting party shall, prior to being provided the records,
20reimburse the costs of preparation by the contractor, subcontractors,
21and the entity through which the request was made. The public
22may not be given access to the records at the principal office of
24(c) The certified payroll records shall be on forms provided by
25the Division of Labor Standards Enforcement or shall contain the
26same information as the forms provided by the division. The
27payroll records may consist of printouts of payroll data that are
28maintained as computer records, if the printouts contain the same
29information as the forms provided by the division and the printouts
30are verified in the manner specified in subdivision (a).
31(d) A contractor or subcontractor shall file a certified copy of
32the records enumerated in subdivision (a) with the entity that
33requested the records within 10 days after receipt of a written
35(e) Except as provided in subdivision (f), any copy of records
36made available for inspection as copies and furnished upon request
37to the public or any public agency by the awarding body or the
38Division of Labor Standards Enforcement shall be marked or
39obliterated to prevent disclosure of an individual’s name, address,
40and social security number. The name and address of the contractor
P5 1awarded the contract or the subcontractor performing the contract
2shall not be marked or obliterated. Any copy of records made
3available for inspection by, or furnished to, a multiemployer
4Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests
5the records for the purposes of allocating contributions to
6participants shall be marked or obliterated only to prevent
7disclosure of an individual’s full social security number, but shall
8provide the last four digits of the social security number. Any copy
9of records made available for inspection by, or furnished to, a joint
10labor-management committee established pursuant to the federal
11Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a)
12shall be marked or obliterated only to prevent disclosure of an
13individual’s social security number. A joint labor management
14committee may maintain an action in a court of competent
15jurisdiction against an employer who fails to comply with Section
161774. The court may award restitution to an employee for unpaid
17wages and may award the joint labor management committee
18reasonable attorney’s fees and costs incurred in maintaining the
19action. An action under this subdivision may not be based on the
20employer’s misclassification of the craft of a worker on its certified
21payroll records. Nothing in this subdivision limits any other
22available remedies for a violation of this chapter.
23(f) (1) Notwithstanding any other provision of law, agencies
24that are included in the Joint Enforcement Strike Force on the
25Underground Economy established pursuant to Section 329 of the
26Unemployment Insurance Code and other law enforcement
27agencies investigating violations of law shall, upon request, be
28provided nonredacted copies of certified payroll records. Any
29copies of records or certified payroll made available for inspection
30and furnished upon request to the public by an agency included in
31the Joint Enforcement Strike Force on the Underground Economy
32or to a law enforcement agency investigating a violation of law
33shall be marked or redacted to prevent disclosure of an individual’s
34name, address, and social security number.
35(2) An employer shall not be liable for damages in a civil action
36for any reasonable act or omission taken in good faith in
37compliance with this subdivision.
38(g) The contractor shall inform the body awarding
39of the location of the records enumerated under subdivision (a),
P6 1including the street address, city, and county, and shall, within five
2working days, provide a notice of a change of location and address.
3(h) The contractor or subcontractor has 10 days in which to
4comply subsequent to receipt of a written notice requesting the
5records enumerated in subdivision (a). In the event that the
6contractor or subcontractor fails to comply within the 10-day
7period, he or she shall, as a penalty to the state or political
8subdivision on whose behalf the contract is made or awarded,
9forfeit one hundred dollars ($100) for each calendar day, or portion
10thereof, for each worker, until strict compliance is effectuated.
11Upon the request of the Division of Labor Standards Enforcement,
12these penalties shall be withheld from progress payments then due.
13A contractor is not subject to a penalty assessment pursuant to this
14section due to the failure of a subcontractor to comply with this
16(i) The body awarding the contract shall cause to be inserted in
17the contract stipulations to effectuate this section.
18(j) The director shall adopt rules consistent with the California
19Public Records Act (Chapter 3.5 (commencing with Section 6250)
20of Division 7 of Title 1 of the Government Code) and the
21Information Practices Act of 1977 (Title 1.8 (commencing with
22Section 1798) of Part 4 of Division 3 of the Civil Code) governing
23the release of these records, including the establishment of
24reasonable fees to be charged for reproducing copies of records
25required by this section.