Contractors and subcontractors: records: penalties.

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 generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public works contract. Existing law requires a contractor or subcontractor to meet specific conditions to qualify for this registration. Existing law establishes various requirements applicable to all public works projects including, among other things, that the call for bids and contract documents specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, and that each contractor or subcontractor furnish certain payroll records directly to the Labor Commissioner, as specified. Existing law requires that the contractor or subcontractor furnish these records at least monthly and in a format prescribed by the Labor Commissioner. This bill would revise the requirement to furnish records monthly to require that the contractor or subcontractor furnish those records at least once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project. The bill would also instead require that the contractor or subcontractor furnish these records in an electronic format, in the manner prescribed by the Labor Commissioner, on the department's internet website. The bill would make a contractor or subcontractor who fails to furnish those records relating to its employees in the manner specified liable for a penalty of $100 per day, as specified, not to exceed $5,000 per project, to be deposited into the State Public Works Enforcement Fund. The bill would prohibit the Labor Commissioner from levying penalties under these provisions until 14 days after the deadline for furnishing records and require that these penalties accrue to the actual contractor or subcontractor that failed to furnish those records.