Government Contractors and Prevailing Wages
New laws also expanded the definition of “public works” in the prevailing wage context. AB 219 expanded the “public works” definition to include hauling and delivery of ready-mixed concrete. The law also provides that the entity engaged in the hauling and delivery of ready-mixed concrete is considered a subcontractor for the purpose of Labor Code section 1720.9. The law goes into effect on July 1, 2016.
AB 852 expanded the “public works” definition to include work (i.e. construction, alteration, demolition, installation, or repair work) done under a private contract on most general acute care hospitals under certain conditions. The law contains a limited exception for rural general acute care hospitals, where the project is funded at least, in part, with proceeds of conduit revenue bonds issued by a public agency.
SB 350 expanded the “public works” definition to include work (i.e. construction, alteration, demolition, installation, or repair work) on projects involving California’s electric transmission system pursuant to the Clean Energy and Pollution Reduction Act of 2015. Such projects will now be subject to the prevailing wage laws.
AB 327 extended the sunset date to January 1, 2024 for the statutory exemption of paying volunteers a prevailing wage on public works projects.
Other Employment-Related Laws
Two new laws relate to the administrative tasks employers must grapple with on a day-to-day basis. AB 1245 will require the employers with ten or more employees to file for unemployment insurance using the e-file system. This law goes into effect on January 1, 2017, and its mandate will expand to all employers in California by 2018.
AB 622 prohibits the misuse of the E-Verify system by employers. The law expands the definition of an “unlawful employment practice” to include using E-Verify in a time or manner not required by Federal law or authorized by a federal agency memorandum of understanding. The law prohibits employers from checking the employment authorization status of existing employees, or of job applicants who have not received an offer of employment. The law carries a civil penalty of up to $10,000 for each violation.
Finally, AB 202 codifies what professional cheerleaders have been fighting for over the last few years. This law makes cheerleaders of California professional sports enterprises employees. The law takes effect on January 1, 2016.
