CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 963Introduced by Assembly Member Petrie-NorrisFebruary 20, 2025 An act to add Section 1776.1 to the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGESTAB 963, as introduced, Petrie-Norris. Public works: prevailing wages: access to records.Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines public works, for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds.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 any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individuals name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individuals full social security number, as specified.This bill would require an owner or developer, as defined, undertaking any public works project to make specified records available upon request to the Division of Labor Standards Enforcement, to multiemployer Taft-Hartley trust funds, and to joint labor-management committees, as specified. The bill would also apply this requirement to an owner or developer that undertakes a development project that includes work subject to the requirements of public works. The bill would subject an owner or developer, for failing to comply with the provisions of this bill, to a penalty by the commissioner, as specified, and would deposit the penalties into a specified fund. This bill would require the Director of Industrial Relations to adopt rules to govern the release of those records, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1776.1 is added to the Labor Code, to read:1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 963Introduced by Assembly Member Petrie-NorrisFebruary 20, 2025 An act to add Section 1776.1 to the Labor Code, relating to public works. LEGISLATIVE COUNSEL'S DIGESTAB 963, as introduced, Petrie-Norris. Public works: prevailing wages: access to records.Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines public works, for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds.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 any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individuals name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individuals full social security number, as specified.This bill would require an owner or developer, as defined, undertaking any public works project to make specified records available upon request to the Division of Labor Standards Enforcement, to multiemployer Taft-Hartley trust funds, and to joint labor-management committees, as specified. The bill would also apply this requirement to an owner or developer that undertakes a development project that includes work subject to the requirements of public works. The bill would subject an owner or developer, for failing to comply with the provisions of this bill, to a penalty by the commissioner, as specified, and would deposit the penalties into a specified fund. This bill would require the Director of Industrial Relations to adopt rules to govern the release of those records, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 963
Introduced by Assembly Member Petrie-NorrisFebruary 20, 2025
Introduced by Assembly Member Petrie-Norris
February 20, 2025
An act to add Section 1776.1 to the Labor Code, relating to public works.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 963, as introduced, Petrie-Norris. Public works: prevailing wages: access to records.
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines public works, for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds.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 any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individuals name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individuals full social security number, as specified.This bill would require an owner or developer, as defined, undertaking any public works project to make specified records available upon request to the Division of Labor Standards Enforcement, to multiemployer Taft-Hartley trust funds, and to joint labor-management committees, as specified. The bill would also apply this requirement to an owner or developer that undertakes a development project that includes work subject to the requirements of public works. The bill would subject an owner or developer, for failing to comply with the provisions of this bill, to a penalty by the commissioner, as specified, and would deposit the penalties into a specified fund. This bill would require the Director of Industrial Relations to adopt rules to govern the release of those records, as specified.
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a willful violation of this requirement. Existing law defines public works, for the purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds.
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 any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individuals name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individuals full social security number, as specified.
This bill would require an owner or developer, as defined, undertaking any public works project to make specified records available upon request to the Division of Labor Standards Enforcement, to multiemployer Taft-Hartley trust funds, and to joint labor-management committees, as specified. The bill would also apply this requirement to an owner or developer that undertakes a development project that includes work subject to the requirements of public works. The bill would subject an owner or developer, for failing to comply with the provisions of this bill, to a penalty by the commissioner, as specified, and would deposit the penalties into a specified fund. This bill would require the Director of Industrial Relations to adopt rules to govern the release of those records, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1776.1 is added to the Labor Code, to read:1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
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 1776.1 is added to the Labor Code, to read:1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
SECTION 1. Section 1776.1 is added to the Labor Code, to read:
### SECTION 1.
1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):(1) Final executed construction contracts.(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.
1776.1. (a) An owner or developer undertaking any public works project subject to the requirements of this chapter shall make the following records available upon request to the Division of Labor Standards Enforcement of the Department of Industrial Relations, to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)), and to joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a):
(1) Final executed construction contracts.
(2) A certified copy of payroll records described in Section 1776 if the owner or developer has possession, custody, or control of these records.
(3) If the owner or developer were required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the monthly reports required under Section 2602 of the Public Contract Code.
(b) The requirements of subdivision (a) shall apply to any owner or developer that undertakes a development project that includes work subject to the requirements of this chapter, regardless of whether the project is in its entirety a public work, as defined in Article 1 (commencing with Section 1720).
(c) (1) Any records of work performed that are made available under this section shall be redacted only to prevent disclosure of any individuals social security number.
(2) The owner or developer may redact pricing information from contracts and subcontracts if that information has not been made public.
(d) Where the requesting department, trust fund, or joint labor-management committee has identified the documents or information sought with specificity, the owner or developer shall reasonably assist in identifying responsive records.
(e) (1) An owner or developer has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a).
(2) In the event that the owner or developer fails to comply with a request from a multiemployer Taft-Hartley trust fund or a joint labor-management committee, the fund or committee shall submit a complaint to the Division of Labor Standards Enforcement within 10 days after compliance was required. The Division of Labor Standards Enforcement shall promptly investigate any complaints.
(3) If the Division of Labor Standards Enforcement determines that the owner or developer has failed to provide any records subject to disclosure pursuant to subdivision (a) or (b), or failed to comply with subdivisions (c) to (e), inclusive, the owner or developer shall be subject to a penalty by the Labor Commissioner until strict compliance is effectuated. The penalty shall be one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated with respect to records described by paragraph (2) of subdivision (a). For records described by paragraphs (1) and (3) of subdivision (a), the penalty shall be five hundred dollars ($500) for each calendar day, or portion thereof, until strict compliance is effectuated. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(4) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(f) For purposes of this section, an owner or developer includes a corporation, limited liability company, partnership, joint venture, or other legal entity but does not include the state or a political subdivision.