Bill Text: CA AB1654 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Labor Code Private Attorneys General Act of 2004: construction industry.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 529, Statutes of 2018. [AB1654 Detail]

Download: California-2017-AB1654-Amended.html

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Amended  IN  Senate  August 17, 2018

Amended  IN  Senate  June 18, 2018

Amended  IN  Senate  July 12, 2017

Amended  IN  Senate  July 03, 2017

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1654

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Introduced by Assembly Member Rubio
(Coauthors: Assembly Members Caballero, Cooper, Daly, Gonzalez Fletcher, Gray, Grayson, and Salas)

February 17, 2017

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An act to add Section 2699.6 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 1654, as amended, Rubio. Labor Code Private Attorneys General Act of 2004: construction industry.

The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow prescribed procedures before bringing an action and establishes alternate procedures for specific categories of violations. The act requires, except as provided, that 75% of the civil penalties recovered by aggrieved employees be distributed to the Labor and Workforce Development Agency for enforcement of labor laws and for education of employers and employees about their rights and responsibilities, and 25% be distributed to the aggrieved employees.

This bill would except from the act an employee in the construction industry, as defined, with respect to work performed under a valid collective bargaining agreement, if the agreement provides for certain terms of employment, prohibits violations otherwise redressable pursuant to the act, provides a grievance and binding arbitration procedure to redress violations, expressly and unambiguously waives the act, and authorizes the arbitrator to award otherwise available remedies.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2699.6 is added to the Labor Code, to read:

2699.6.

 (a) This part shall not apply to an employee in the construction industry with respect to work performed under a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay rate of not less than 30 percent more than the state minimum wage rate, and the agreement does all of the following:

(1) Prohibits all of the violations of this code that would be redressable pursuant to this part, and provides for a grievance and binding arbitration procedure to redress those violations.

(2) Expressly waives the requirements of this part in clear and unambiguous terms.

(3) Authorizes the arbitrator to award any and all remedies otherwise available under this code.

(b) For purposes of this section, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.