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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2451Introduced by Assembly Member CervantesFebruary 13, 2024 An act to amend Section 53 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2451, as introduced, Cervantes. Department of Industrial Relations.Existing law establishes in the Labor and Workforce Development Agency the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Existing law defines the designation head of the department to mean the Director of Industrial Relations, unless the Labor Code expressly provides that another entity has jurisdiction over a specified matter.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53 of the Labor Code is amended to read:53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2451Introduced by Assembly Member CervantesFebruary 13, 2024 An act to amend Section 53 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 2451, as introduced, Cervantes. Department of Industrial Relations.Existing law establishes in the Labor and Workforce Development Agency the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Existing law defines the designation head of the department to mean the Director of Industrial Relations, unless the Labor Code expressly provides that another entity has jurisdiction over a specified matter.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Assembly March 11, 2024 | |
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| 7 | - | Amended IN Assembly March 11, 2024 | |
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| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2451 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member CervantesFebruary 13, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Cervantes | |
| 18 | 18 | February 13, 2024 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 53 | |
| 20 | + | An act to amend Section 53 of the Labor Code, relating to employment. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2451, as | |
| 26 | + | AB 2451, as introduced, Cervantes. Department of Industrial Relations. | |
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| 28 | - | Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, within the locality and in the nearest labor market area.This bill would require the director to use the higher rate when rates arise from collective bargaining agreements that have overlapping crafts or classifications.Existing law establishes in the Labor and Workforce Development Agency the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Existing law defines the designation head of the department to mean the Director of Industrial Relations, unless the Labor Code expressly provides that another entity has jurisdiction over a specified matter.This bill would make nonsubstantive changes to that definition. | |
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| 30 | - | Existing law requires, except for public works projects of $1,000 or less, that workers employed on public works be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality that the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed, as prescribed. Existing law requires the Director of Industrial Relations to determine the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, within the locality and in the nearest labor market area. | |
| 31 | - | ||
| 32 | - | This bill would require the director to use the higher rate when rates arise from collective bargaining agreements that have overlapping crafts or classifications. | |
| 28 | + | Existing law establishes in the Labor and Workforce Development Agency the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Existing law defines the designation head of the department to mean the Director of Industrial Relations, unless the Labor Code expressly provides that another entity has jurisdiction over a specified matter.This bill would make nonsubstantive changes to that definition. | |
| 33 | 29 | ||
| 34 | 30 | Existing law establishes in the Labor and Workforce Development Agency the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations. Existing law defines the designation head of the department to mean the Director of Industrial Relations, unless the Labor Code expressly provides that another entity has jurisdiction over a specified matter. | |
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| 38 | 32 | This bill would make nonsubstantive changes to that definition. | |
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| 41 | 33 | ||
| 42 | 34 | ## Digest Key | |
| 43 | 35 | ||
| 44 | 36 | ## Bill Text | |
| 45 | 37 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 53 of the Labor Code is amended to read:53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
| 47 | 39 | ||
| 48 | 40 | The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | 42 | ## The people of the State of California do enact as follows: | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 53 of the Labor Code is amended to read:53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
| 53 | 45 | ||
| 54 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 53 of the Labor Code is amended to read: | |
| 55 | 47 | ||
| 56 | 48 | ### SECTION 1. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
| 59 | 51 | ||
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| 52 | + | 53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
| 61 | 53 | ||
| 62 | - | ||
| 54 | + | 53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
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| 64 | 56 | ||
| 65 | 57 | ||
| 66 | - | 1773. (a) The body awarding any a contract for public work, or otherwise undertaking any a public work, shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. The holidays upon which those rates shall be paid need not be specified by the awarding body, body but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. | |
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| 68 | - | In | |
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| 70 | - | ||
| 71 | - | ||
| 72 | - | (b) In determining the rates, the Director of Industrial Relations shall ascertain and consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, works within the locality and in the nearest labor market area. Where rates arise from collective bargaining agreements that have overlapping crafts or classifications, the higher rate shall prevail. Where the rates do not constitute the rates actually prevailing in the locality, the director shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification, or type of work involved. The rate fixed for each craft, classification, or type of work shall be not less than the prevailing rate paid in the craft, classification, or type of work. | |
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| 74 | - | If | |
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| 78 | - | (c) If the director determines that the rate of prevailing wage for any a craft, classification, or type of worker is the rate established by a collective bargaining agreement, the director may adopt that rate by reference as provided for in the collective bargaining agreement and that determination shall be effective for the life of the agreement or until the director determines that another rate should be adopted. | |
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| 82 | - | ||
| 83 | - | ||
| 84 | - | Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the designation shall mean, for the purposes of this code, the director, except that with respect to matters that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. | |
| 58 | + | 53. Whenever in Section 1001 or in Part 1 (commencing with Section 11000) of Division 3 of Title 2 of the Government Code head of the department or similar designation occurs, the same shall, designation shall mean, for the purposes of this code, mean the director, except that in with respect to matters which that by the express provisions of this code are committed to or retained under the jurisdiction of the Division of Workers Compensation, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission Commission, the designation shall mean the Division of Workers Compensation, the Administrative Director of the Division of Workers Compensation, the Workers Compensation Appeals Board, the State Compensation Insurance Fund, the Occupational Safety and Health Standards Board, the Occupational Safety and Health Appeals Board, or the Industrial Welfare Commission, as the case may be. |