Marc Berman
- Democratic
- Assemblymember
- District 23
Author
Existing law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Existing law requires certified copies of records to be available upon request by the public and sets forth a process for the public to request the records either through the awarding body or the Division of Labor Standards Enforcement. Existing law makes any contractor, subcontractor, agent, or representative who neglects to comply with the requirements to keep accurate payroll records guilty of a misdemeanor. This bill would require the awarding body, if a request is made by the public through the awarding body and the body is not in possession of the certified records, to obtain those records from the relevant contractor and make them available to the requesting entity. The bill would authorize the Division of Labor Standards Enforcement to enforce certain penalties if a contractor fails to comply with the awarding body's request within 10 days of receipt of the notice. To the extent that this bill would impose additional duties on any contractor, subcontractor, agent, or representative, the bill would expand the scope of a crime and impose a state-mandated local program. 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.
Chaptered by Secretary of State - Chapter 616, Statutes of 2025.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 9. Page 2807.).
In Assembly. Ordered to Engrossing and Enrolling.
From committee: Do pass. (Ayes 6. Noes 1.) (August 29).
Read second time. Ordered to third reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 25). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 3. Page 2006.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 23).
Assembly Rule 63 suspended. (Ayes 51. Noes 16. Page 1644.)
In committee: Set, first hearing. Referred to suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 19). Re-referred to Com. on APPR.
From printer. May be heard in committee March 14.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB538 | HTML |
| 02/11/25 - Introduced | |
| 05/23/25 - Amended Assembly | |
| 09/12/25 - Enrolled | |
| 10/11/25 - Chaptered |
| Document | Format |
|---|---|
| 03/17/25- Assembly Labor and Employment | |
| 04/21/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 06/24/25- Senate Committee on Labor, Public Employment and Retirement | |
| 07/03/25- Senate Appropriations | |
| 08/29/25- Sen. Floor Analyses |
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