BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1926


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1926 (Cooper)


          As Amended  August 17, 2016


          Majority vote


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          Original Committee Reference:  L. & E.


          SUMMARY:  Provides that certain time spent by apprentices on  
          public works projects shall be paid at prevailing wage rates.


          The Senate amendments:


          1)Specify that travel time "to and from the required activity,  
            if any" shall be paid as time spent on the required activity.


          2)Provide that, unless otherwise provided by a collective  
            bargaining agreement, a contractor is not required to  
            compensate an apprentice for the time spent on preemployment  
            activities if the apprentice is required to take a  
            preemployment drug or alcohol test and he or she fails to pass  
            that test.









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          3)Make other technical changes.


          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 Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          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  
          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  








                                                                    AB 1926


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          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:  
          0004423