Existing law requires each contractor and subcontractor on a public works project to keep accurate certified 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. Upon request of the public through either the awarding body or the Division of Labor Standards Enforcement (DLSE), these payroll records must be made available as copies or for inspection.
AB 538 requires that, if such a request for certified payroll records is made through the awarding body and the body is not in possession of those records, the awarding body must obtain those certified payroll records from the relevant contractor or subcontractor and make them available.
AB 538 further provides that the contractor or subcontractor must provide the requested certified payroll records to the awarding body within ten days of receiving written notice from the awarding body. If the contractor or subcontractor fails to comply within that timeframe, the awarding body must notify the DLSE, which may take enforcement action pursuant to its authority under existing law.
(AB 538 amends Section 1776 of the Labor Code.)