BILL ANALYSIS Ó AB 1926 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1926 (Cooper) As Amended August 17, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |60-15 |(May 19, 2016) |SENATE: |26-12 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 1926 Page 2 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 Page 3 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