Connie M. Leyva
- Democratic
Author
Existing law requires, for contracts entered into on or after January 1, 2018, a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, to assume, and be liable for, any debt owed to a wage claimant or third party on the wage claimant's behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant's performance of labor included in the subject of the original contract. Existing law limits the direct contractor's liability under those provisions to extend only to any unpaid wage, fringe or other benefit payment or contribution, including interest owed and provides that liability does not extend to penalties or liquidated damages. This bill would extend, for contracts entered into on or after January 1, 2022, the direct contractor's liability to penalties, liquidated damages, and interest owed by the subcontractor on account of the performance of the labor, except as provided. Existing law authorizes the Labor Commissioner to enforce against a direct contractor the liability for unpaid wages pursuant to specified provisions, or through a civil action, and limits the direct contractor's liability to unpaid wages, including any interest owed. This bill would require the Labor Commissioner to notify, as specified, the direct contractor and subcontractor at any tier on a private works project at least 30 days prior to taking certain actions for the failure of a subcontractor on that private works project to pay the specified wage, fringe, or other benefit due to workers. The bill would remove, for contracts entered into on or after January 1, 2022, the limitation of liability. Existing law requires, prior to commencement of an action against a direct contractor, a joint labor-management cooperation committee to provide the direct contractor and subcontractor that employed the wage claimant with at least 30 days' notice, as provided. This bill would, for contracts entered into on or after January 1, 2022, require the notice to include the project name and name of the employer and provide that any liquidated damages awarded by the Labor Commissioner or the court shall be payable to the aggrieved employee. The bill would make conforming changes.
Chaptered by Secretary of State. Chapter 338, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 27. Noes 9. Page 2604.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 60. Noes 18. Page 2964.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (August 26).
Coauthors revised.
August 19 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (July 6). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 22). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 9. Page 1317.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 1202.) (May 20).
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 937.) (April 27).
Set for hearing April 27.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 844.) (April 19).
Set for hearing April 19.
April 5 set for first hearing canceled at the request of author.
Set for hearing April 5.
Re-referred to Coms. on L., P.E. & R. and JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 24.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB727 | HTML |
| 02/19/21 - Introduced | |
| 03/09/21 - Amended Senate | |
| 04/21/21 - Amended Senate | |
| 04/29/21 - Amended Senate | |
| 09/02/21 - Amended Assembly | |
| 09/14/21 - Enrolled | |
| 09/27/21 - Chaptered |
| Document | Format |
|---|---|
| 04/16/21- Senate Committee on Labor, Public Employment and Retirement | |
| 04/23/21- Senate Judiciary | |
| 05/07/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 06/23/21- Assembly Labor and Employment | |
| 07/02/21- Assembly Judiciary | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/09/21- Sen. Floor Analyses |
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