§ 65912.130. — 65912.130. (Amended by Stats. 2023, Ch. 39, Sec. 20.)

California § 65912.130.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 7.: DIVISION 1. PLANNING AND ZONING
• Ch. 4.1.: CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022
• Art. 4.: ARTICLE 4. Labor Standards

Text

A development project approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a)
The development proponent shall require in contracts with construction contractors, and shall certify to the local government, that the standards specified in this section will be met in project construction.
(b)
A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120)
shall be subject to all of the following:
(1)
All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(2)
The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(3)
All contractors and subcontractors for those portions of the development that are not a public work
shall comply with all of the following:
(A)
Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(B)
Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of
prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)
Be registered in accordance with Section 1725.6 of the Labor Code.
(c)
(1)
The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following:
(A)
The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor
Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B)
An underpaid worker through an administrative complaint or civil action.
(C)
A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(2)
If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(3)
This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires
the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(d)
Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(e)
The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule
adopted pursuant to Section 511 or 514 of the Labor Code.
(f)
For those portions of the development that are not a public work, the development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code.

Legislative History

Amended by Stats. 2023, Ch. 39, Sec. 20. (AB 130) Effective July 10, 2023. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.