AB 988 — Prevailing wages.

Summary

Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations as specified, be paid to workers employed on public works projects, and imposes misdemeanor penalties for certain violations of this requirement. This bill would revise the manner in which the director determines the rate of general prevailing wages, including deleting the requirement that he or she consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, and deleting the requirement that the director consider further data from labor organizations and employers or employer associations and concerns where the rates do not constitute the rates actually paid in the locality. The bill would also revise the methodology that the director is required to use in determining the general prevailing rate of per diem wages in the locality in which the public work is to be performed, including deleting certain requirement, and requiring the director to conduct a survey of the wages paid for work performed in each locality in which the public work is to be performed. Existing law requires the body awarding a contract for public work or undertaking a public work to pay holiday rates for all specified holidays or all holidays recognized in the applicable collective bargaining agreement, and provides that awarding bodies are not required to specify the holidays upon which holiday rates are paid in the contract for public work. This bill would require the holiday rates to be paid on all specified holidays, and would delete the authorization that they be paid instead on those dates recognized in a collective bargaining agreement. The bill would delete the provision stating that awarding bodies are not required to specify holidays in the contract for public work. Existing law provides that per diem wages for purposes of public works include employer payments for, among other things, specified worker protection and assistance programs or committees, industry advancement, collective bargaining agreements administrative fees, and any purposes similar to the other purposes specified for employer payments. This bill would delete these categories of employer payments from per diem wages for purposes of public works. Existing law requires, for purposes of per diem wage payments, that the credit for employer payments be computed on an annualized basis where the employer seeks credit for payments that are higher for public works projects than for private construction by that employer, except as specified. Existing law also requires a representative of any craft, classification, or type of worker needed to execute public works contracts to file with the Department of Industrial Relations copies of collective bargaining agreements and all modifications and extensions affecting per diem wages or holidays. This bill would delete these requirements. This bill would make related technical, nonsubstantive changes.

Bill Text

Action History

1. February 01, 2012

   From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

2. February 01, 2012

   Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

3. January 04, 2012

   In committee: Set, second hearing. Failed passage.

4. April 13, 2011

   In committee: Set, first hearing. Hearing canceled at the request of author.

5. March 10, 2011

   Referred to Coms. on L. & E. and JUD.

6. February 20, 2011

   From printer. May be heard in committee March 22.

7. February 18, 2011

   Read first time. To print.

Sponsors

• Shannon Grove · Primary

Votes

Subjects