Official Summary Text
SB 1316, as amended, Smallwood-Cuevas.
Occupational Safety and Health.
Employment.
(1) Existing law sets forth the Labor Commissioner’s duties, including investigating employee complaints and providing for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law authorizes the Labor Commissioner, as an alternative to a judgment lien, to create a lien on real property for amounts due under a final order in favor the employee or employees named in the order with the county recorder of any county in which the employer’s real property may be located, at the Labor Commissioner’s discretion and depending upon the information the Labor Commissioner obtains concerning the employer’s assets. Existing law provides that unless the lien is satisfied or released, the lien continues until 10 years from the date of its
creation.
This bill would authorize the lien to be renewed at any time prior to its expiration for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment.
(2) Existing law precludes an employer or other person or entity who may be liable for a violation of the Labor Code from introducing as evidence in an administrative proceeding contesting a citation or writ proceeding under specified provisions, certain books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within a specified time period, except as specified.
This bill would also preclude an employer or other person or entity from using or relying on the above-described books,
documents, or records as evidence, would revise the types of books, documents, or records to which the provisions are applicable, and would make those provisions applicable to specified administrative proceeding contesting citations for retaliation or discrimination complaints.
(3) Existing law defines the term “public works” for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a willful violation of the laws regulating public works. Existing law authorizes an affected contractor or subcontractor to obtain a review of the civil wage and penalty assessment by requesting a hearing from the office of the Labor Commissioner,
after which the director shall issue a written decision, as specified. Existing law authorizes an affected contractor or subcontractor to obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court, as specified.
This bill would preclude a contractor or subcontractor from introducing as evidence, or in any other way using or relying on as evidence, at a hearing or writ of mandate proceeding described in the provisions above, any books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commission within the time that the Labor Commissioner requests those books, documents, or records to be produced, except as specified. The bill would require the Labor Commissioner to take into consideration a reasonable request from the contractor or subcontractor for an extension of time for production of books, documents, or records, as specified.
Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and sets forth its powers and duties related to protection of the life, safety, and health of employees. Existing law, the California Occupational Safety and Health Act of 1973, establishes various requirements relating to investigations and complaints of unsafe
conditions of employment. Existing law requires the division to annually compile and release data relating to those complaints and citations.
This bill would additionally require the division to annually report that data to the Legislature and Governor’s office.