AB 1859

AB1859:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 1859

An act to add Section 1771.25 to the Labor Code, relating to public works.

LEGISLATIVE COUNSEL'S DIGEST

AB 1859, as amended, Ortega. Public works.

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. 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 makes any officer, agent, or representative of the state or of any political subdivision who willfully violates specified provisions, including providing notice of certain public works projects, as specified, to the Department of Industrial Relations, guilty of a misdemeanor.

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.

This bill would require an awarding body or owner to give reasonable access, as defined, to representatives of a joint-labor management committee in order to monitor compliance with the prevailing wage and apprenticeship requirements. The bill would authorize an awarding body, owner, contractor, or subcontractor to deny or revoke access to the committee’s representative if the representative fails or refuses to comply with job site safety requirements, as specified. The bill would authorize the committee to bring an action against an awarding body, contractor, or subcontractor that willfully denies the committee’s representative reasonable access. The bill would require authorize the court to award various civil penalties and costs, as specified. a civil penalty, not to exceed $1,000, and would require the court to award reasonable attorney’s fees and costs to the prevailing party. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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 is required by this act for a specified reason.

Digest Key

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

Bill Text

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

SECTION 1.

Section 1771.25 is added to the Labor Code, to read:

1771.25.

(a) (1) An awarding body or owner shall shall, except as provided in paragraph (5), allow representatives of a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) to have reasonable access to active public works job sites to monitor compliance with the prevailing wage and apprenticeship requirements of this chapter.

(2) For purposes of this section, “reasonable access” means access that is consistent with job site safety and security requirements, including the use of personal protective equipment, that does not disrupt performance of work. Reasonable access includes access to workers during nonwork time.

(3) An awarding body, owner, contractor, or subcontractor is not liable for any violations of safety standards caused by a representative of a joint labor-management committee.

(4) If a representative of a joint labor-management committee is injured on a job site while performing duties pursuant to this section, the committee’s workers’ compensation or liability insurance policy, or both, shall be the exclusive remedy of the representative, and the awarding body, owner, contractor, or subcontractor, shall not have any liability.

(5) An awarding body, owner, contractor, or subcontractor may deny or revoke access to a representative of a joint labor-management committee that fails or refuses to comply with applicable job site safety requirements, including the use of required personal protective equipment.(6) A joint labor-management committee shall, upon request, provide proof of general liability insurance and workers’ compensation coverage, if applicable, prior to being granted access to a job site pursuant to this section.(7) As a condition of access to a job site pursuant to this section, a joint labor-management committee shall indemnify and hold harmless the awarding body, owner, contractor, and subcontractors, from and against claims, damages, or liabilities to the extent caused by the negligent acts or omissions or willful misconduct of the committee or its representatives while on the job site.

(b) (1) (A) A joint labor-management committee described in subdivision (a) may bring an action in any court of competent jurisdiction against an awarding body, contractor, or subcontractor that willfully denies the committee’s representative reasonable access in violation of this section.

(B) The action described in this paragraph shall be brought within six months after the denial of access.

(2) (A) A court in an action described in paragraph (1) shall may award a prevailing joint labor-management committee a civil penalty of not to exceed one thousand dollars ($1,000) for each occasion that reasonable access was willfully denied.

(B) A court in the action described in paragraph (1) shall award a prevailing joint labor-management committee its reasonable attorney’s fees and costs incurred in maintaining the action, costs, including expert witness fees. fees, to the prevailing party in any action brought pursuant to this subdivision.

(c) Notwithstanding subdivisions (a) and (b), this section does not apply to public works job sites for entities that are required to comply with Sections 45122.1, 45125, and 45125.1 of the Education Code.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.