BILL ANALYSIS Ó
AB 1926
Page 1
ASSEMBLY THIRD READING
AB
1926 (Cooper)
As Amended March 30, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |6-0 |Roger Hernández, Chu, | |
| | |Linder, McCarty, | |
| | |O'Donnell, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |16-4 |Gonzalez, Bloom, |Bigelow, Jones, |
| | |Bonilla, Bonta, |Obernolte, Wagner |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |McCarty, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 1926
Page 2
SUMMARY: Provides that certain time spent by apprentices on
public works projects shall be paid at prevailing wage rates.
Specifically, this bill specifies that, unless otherwise
provided by a collective bargaining agreement, when a contractor
requests the dispatch of an apprentice to perform work on a
public works project and requires the apprentice to fill out an
application, or undergo testing, training, an examination, or
other pre-employment process as a condition of employment, the
apprentice shall be paid for time spent on the required
activity, including travel time, at the prevailing wage rate for
apprentices in the trade to which he or she is registered.
EXISTING LAW:
1)Requires that, except as specified, not less than the general
prevailing rate of per diem wages be paid to workers employed
on public works projects.
2)Provides that an apprentice employed upon public works is
required to be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and
to be employed only at the work of the craft or trade to which
he or she is registered, as specified.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to the Department of Industrial Relations to enforce the
requirements of the bill and process any related wage claims.
COMMENTS: This bill provides that certain time spent by
apprentices on public works projects shall be paid at prevailing
wage rates. According to the author, this bill will help
apprentices continue with their apprenticeship training program
AB 1926
Page 3
by ensuring they receive fair compensation when dispatched to a
construction site ready and prepared to work, complete certain
pre-employment requirements at the request of the contractor,
but are not hired by the contractor for that project.
The author and sponsor argue that an apprentice is completely
responsible to arrive on time and ready for work. Apprentices
and construction workers are always required to travel to where
the work is. However, when an apprentice is dispatched, but not
put to work they lose out on an entire day's wages and miss the
opportunity to learn new skills to advance in their training.
Therefore, this bill provides apprentices dispatched to
contractors with their properly owed prevailing wage rate in the
event a contractor does not use the apprentice for construction
work, but requires the apprentice to undergo testing, added
safety training, or any other pre-employment requirements. The
apprentice would receive payment only for the time spent on the
required activity.
Opponents argue that mandating payment of wages before a hiring
decision is made seems contrary to most usual interpretations of
an employment relationship. A contractor requests apprentices
to satisfy the requirements of prevailing wage law but for a
number of possible reasons, the contractor may ultimately choose
not to use the apprentice or may not even be lawfully able to
employ the apprentice.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0002838
AB 1926
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