Anna Caballero
- Democratic
- Senator
- District 14
Author
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law requires an awarding body, as part of a labor compliance program, to withhold contract payments when, among other things, payroll records are delinquent or inadequate. Existing law requires an awarding body, as specified, to provide notice of withholding of contract payments to the contractor or subcontractor. Existing law requires the notice to be in writing, and describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. This bill would require a private labor compliance entity, prior to withholding funds for an alleged violation, to confer with the negotiating parties to review relevant public works law, and would prohibit the entity from withholding an amount that exceeds the alleged underpayments and penalty assessments. The bill would require a private labor compliance entity seeking to withhold funds to provide a venue for a public works contractor or subcontractor to review and respond to evidence of alleged violations, as specified. This bill would also provide that a violation of the conflict of interest provisions by a private labor compliance entity, as defined, would void a contract between the parties and subject the entity to specified civil fines and fees. The bill would require a private labor compliance entity to submit a signed declaration under penalty of perjury verifying that it has no conflicts of interest, as specified. By requiring private labor compliance entities to declare under penalty of perjury that they have no conflicts of interest, the bill would expand the crime of perjury and impose a state-mandated local program. Existing law authorizes a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 to bring an action against an employer who fails to pay the prevailing wage, or who fails to provide payroll records, as specified. This bill would authorize, among others, a joint labor-management committee to initiate a private right of action against certain entities, when the court is required to award reasonable attorney's fees and costs, as specified. This bill would exempt certain awarding bodies operating labor compliance programs that are approved and monitored by the Department of Industrial Relations from the above-described provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 991, Statutes of 2024.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 33. Noes 7. Page 5781.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 75. Noes 0. Page 7067.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (August 15).
August 7 set for first hearing. Placed on suspense file.
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 10. Noes 0.) (June 25).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 8. Page 4070.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2. Page 3979.) (May 16).
Set for hearing May 16.
May 13 hearing: Placed on APPR suspense file.
Set for hearing May 13.
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 3726.) (April 23).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 3662.) (April 17). Re-referred to Com. on JUD.
Set for hearing April 23 in JUD. pending receipt.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
Set for hearing April 17.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
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 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1303 | HTML |
| 02/15/24 - Introduced | |
| 03/18/24 - Amended Senate | |
| 04/04/24 - Amended Senate | |
| 04/10/24 - Amended Senate | |
| 04/18/24 - Amended Senate | |
| 04/25/24 - Amended Senate | |
| 06/26/24 - Amended Assembly | |
| 08/19/24 - Amended Assembly | |
| 09/05/24 - Enrolled | |
| 09/29/24 - Chaptered |
| Document | Format |
|---|---|
| 04/16/24- Senate Committee on Labor, Public Employment and Retirement | |
| 04/20/24- Senate Judiciary | |
| 05/10/24- Senate Appropriations | |
| 05/17/24- Sen. Floor Analyses | |
| 06/17/24- Assembly Labor and Employment | |
| 06/21/24- Assembly Judiciary | |
| 08/05/24- Assembly Appropriations | |
| 08/21/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/31/24- Sen. Floor Analyses |
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