Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 520Introduced by Assembly Member SantiagoFebruary 07, 2023 An act to amend Section 238.5 of of, and to add Section 239 to, the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 520, as amended, Santiago. Employment: nonpayment of wages: judgment enforcement. public entities.Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner. Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation.Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified.This bill would make nonsubstantive changes to these provisions. additionally provide that any public entity, defined as the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph.This bill would, if property services labor is performed within a building a public entity owns or leases by any individual who is not an employee of the public entity, require the public entity to allow, and include as a stipulation in a contract for property services work, representatives from a recognized or certified collective bargaining agent, as specified, to have access to the workers within that building during the workers normal workday to conduct specified training. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 238.5 of the Labor Code is amended to read:238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.SEC. 2. Section 239 is added to the Labor Code, to read:239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.SEC. 3. (a) The Legislature finds and declares that joint and several liability for unpaid wages is a law of general application that applies to all industries in both the private and public sectors, and therefore does not interfere with a localitys ability to set wages.(b) The Legislature finds and declares that ensuring the payment of wages to workers and that workers have access to a safe workplace free of harassment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 238.5 of the Labor Code and Section 2 of this act adding Section 239 to the Labor Code apply to all cities, including charter cities.SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 520Introduced by Assembly Member SantiagoFebruary 07, 2023 An act to amend Section 238.5 of of, and to add Section 239 to, the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 520, as amended, Santiago. Employment: nonpayment of wages: judgment enforcement. public entities.Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner. Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation.Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified.This bill would make nonsubstantive changes to these provisions. additionally provide that any public entity, defined as the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph.This bill would, if property services labor is performed within a building a public entity owns or leases by any individual who is not an employee of the public entity, require the public entity to allow, and include as a stipulation in a contract for property services work, representatives from a recognized or certified collective bargaining agent, as specified, to have access to the workers within that building during the workers normal workday to conduct specified training. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 23, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 520
Introduced by Assembly Member SantiagoFebruary 07, 2023
Introduced by Assembly Member Santiago
February 07, 2023
An act to amend Section 238.5 of of, and to add Section 239 to, the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 520, as amended, Santiago. Employment: nonpayment of wages: judgment enforcement. public entities.
Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner. Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation.Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified.This bill would make nonsubstantive changes to these provisions. additionally provide that any public entity, defined as the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph.This bill would, if property services labor is performed within a building a public entity owns or leases by any individual who is not an employee of the public entity, require the public entity to allow, and include as a stipulation in a contract for property services work, representatives from a recognized or certified collective bargaining agent, as specified, to have access to the workers within that building during the workers normal workday to conduct specified training. By imposing new duties on local agencies, the bill would impose a state-mandated local program.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner. Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation.
Under existing law, any individual or business entity that contracts for services in the property services or long-term care industries is jointly and severally liable for any unpaid wages, including interest, where the individual or business entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract, as provided, and except as specified.
This bill would make nonsubstantive changes to these provisions. additionally provide that any public entity, defined as the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages, as provided in the above paragraph.
This bill would, if property services labor is performed within a building a public entity owns or leases by any individual who is not an employee of the public entity, require the public entity to allow, and include as a stipulation in a contract for property services work, representatives from a recognized or certified collective bargaining agent, as specified, to have access to the workers within that building during the workers normal workday to conduct specified training. By imposing new duties on local agencies, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 238.5 of the Labor Code is amended to read:238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.SEC. 2. Section 239 is added to the Labor Code, to read:239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.SEC. 3. (a) The Legislature finds and declares that joint and several liability for unpaid wages is a law of general application that applies to all industries in both the private and public sectors, and therefore does not interfere with a localitys ability to set wages.(b) The Legislature finds and declares that ensuring the payment of wages to workers and that workers have access to a safe workplace free of harassment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 238.5 of the Labor Code and Section 2 of this act adding Section 239 to the Labor Code apply to all cities, including charter cities.SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 238.5 of the Labor Code is amended to read:238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.
SECTION 1. Section 238.5 of the Labor Code is amended to read:
### SECTION 1.
238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.
238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.
238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.(e) For the purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Long-term care has the same definition as in Section 238.4.(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.
238.5. (a) (1) Any individual or individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual or business entity individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.
(2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the individual or contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual or individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2.
(b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section.
(c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.
(d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section.
(e) For the purposes of this section, the following definitions apply:
(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.
(2) Long-term care has the same definition as in Section 238.4.
(3) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owners primary residence, provided that the primary residence does not have multiple housing units.
SEC. 2. Section 239 is added to the Labor Code, to read:239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
SEC. 2. Section 239 is added to the Labor Code, to read:
### SEC. 2.
239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).(c) For purposes of this section, the following definitions apply:(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
239. (a) If property services labor is performed, within a building owned or leased by a public entity, by any individual who is not an employee of the public entity, the public entity shall allow representatives from a recognized or certified collective bargaining agent that represents property services workers and qualified organizations under Section 1429.5 to have access to the workers within the building owned or leased by the public entity during the workers normal workday to conduct training on workplace health and safety, sexual harassment, and workers rights, including biennial sexual violence and harassment prevention training required under Section 1429.5.
(b) A public entity awarding a contract for property services work shall include in the contract a stipulation requiring the public entity to comply with subdivision (a).
(c) For purposes of this section, the following definitions apply:
(1) Property services means janitorial, security guard, valet parking, landscaping, and gardening services.
(2) Public entity means the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
SEC. 3. (a) The Legislature finds and declares that joint and several liability for unpaid wages is a law of general application that applies to all industries in both the private and public sectors, and therefore does not interfere with a localitys ability to set wages.(b) The Legislature finds and declares that ensuring the payment of wages to workers and that workers have access to a safe workplace free of harassment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 238.5 of the Labor Code and Section 2 of this act adding Section 239 to the Labor Code apply to all cities, including charter cities.
SEC. 3. (a) The Legislature finds and declares that joint and several liability for unpaid wages is a law of general application that applies to all industries in both the private and public sectors, and therefore does not interfere with a localitys ability to set wages.(b) The Legislature finds and declares that ensuring the payment of wages to workers and that workers have access to a safe workplace free of harassment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 238.5 of the Labor Code and Section 2 of this act adding Section 239 to the Labor Code apply to all cities, including charter cities.
SEC. 3. (a) The Legislature finds and declares that joint and several liability for unpaid wages is a law of general application that applies to all industries in both the private and public sectors, and therefore does not interfere with a localitys ability to set wages.
### SEC. 3.
(b) The Legislature finds and declares that ensuring the payment of wages to workers and that workers have access to a safe workplace free of harassment is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 238.5 of the Labor Code and Section 2 of this act adding Section 239 to the Labor Code apply to all cities, including charter cities.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
### SEC. 4.