Existing law authorizes the Labor Commissioner to adjudicate wage claims, enforce final orders, and obtain liens against employer real property for amounts owed after a final decision on a claim. Existing law also permits the Labor Commissioner to request employer records during enforcement proceedings and establishes administrative and judicial review procedures for prevailing wage violations on public works projects.
SB 1316 strengthens these enforcement mechanisms. SB 1316 allows a Labor Commissioner lien to be renewed for additional 10-year periods before the expiration of the lien. SB 1316 also restricts an employer or other liable entity from introducing, using, or relying on specified records in certain administrative proceedings if those records were not timely produced in response to a Labor Commissioner request. Similar restrictions apply to contractors and subcontractors challenging public works civil wage and penalty assessments. The Labor Commissioner must consider reasonable requests by an employer or contractor or subcontractor for additional time to produce the requested records.
Employers and public works contractors responding to Labor Commissioner records requests should ensure that responsive records are produced by the stated deadline or timely request a reasonable extension to produce such records; otherwise, they may be prohibited from later relying on those records in the administrative proceeding.
SB 1316 amends Labor Code sections 98.2 and 1174.1 and adds section 1742.05 to the Labor Code.
