Public works.

Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law requires an awarding body, as part of a labor compliance program, to withhold contract payments when, among other things, payroll records are delinquent or inadequate. Existing law requires an awarding body, as specified, to provide notice of withholding of contract payments to the contractor or subcontractor. Existing law requires the notice to be in writing, and describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. This bill would require a private labor compliance entity, prior to withholding funds for an alleged violation, to confer with the negotiating parties to review relevant public works law, and would prohibit the entity from withholding an amount that exceeds the alleged underpayments and penalty assessments. The bill would require a private labor compliance entity seeking to withhold funds to provide a venue for a public works contractor or subcontractor to review and respond to evidence of alleged violations, as specified. This bill would also provide that a violation of the conflict of interest provisions by a private labor compliance entity, as defined, would void a contract between the parties and subject the entity to specified civil fines and fees. The bill would require a private labor compliance entity to submit a signed declaration under penalty of perjury verifying that it has no conflicts of interest, as specified. By requiring private labor compliance entities to declare under penalty of perjury that they have no conflicts of interest, the bill would expand the crime of perjury and impose a state-mandated local program. Existing law authorizes a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 to bring an action against an employer who fails to pay the prevailing wage, or who fails to provide payroll records, as specified. This bill would authorize, among others, a joint labor-management committee to initiate a private right of action against certain entities, when the court is required to award reasonable attorney's fees and costs, as specified. This bill would exempt certain awarding bodies operating labor compliance programs that are approved and monitored by the Department of Industrial Relations from the above-described provisions. 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.