AB-538
Labor & Employment

Public works: payroll records.

Engrossed
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Requires contractors to provide payroll records to public agencies within 10 days of request.
  • Authorizes agencies to withhold payments from contractors who fail to provide requested payroll records.
  • Mandates protection of worker privacy by redacting personal information in public record requests.
  • Establishes a $100 daily penalty per worker for contractors who fail to comply with record requests.

Summary

Assembly Member Berman's proposal to modify California's public works payroll record requirements would establish new obligations for awarding bodies when responding to public requests for certified payroll records. Under the measure, awarding bodies that receive public requests for records they do not possess must obtain those documents from the relevant contractor and make them available to the requesting party. The Division of Labor Standards Enforcement would gain authority to enforce penalties through withheld progress payments if contractors fail to provide records within 10 days of receiving notice.

The bill maintains existing requirements for contractors and subcontractors to keep detailed payroll records showing employee information, work classifications, hours worked, and wages paid. These records must include written declarations under penalty of perjury confirming their accuracy and compliance with labor laws. When making records available for public inspection, awarding bodies must continue redacting personal information like social security numbers, with specific exceptions for certain labor organizations and enforcement agencies.

The measure preserves current provisions allowing the Division of Labor Standards Enforcement to assess penalties of $100 per worker per day against contractors who fail to comply with record requests. While expanding obligations for awarding bodies, the bill includes no state reimbursement requirement, as any new local costs would stem from changes to crime definitions under California's Constitution.

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
Senate Labor, Public Employment and Retirement Hearing
Senate Committee
Senate Labor, Public Employment and Retirement Hearing
Do pass, but first be re-referred to the Committee on [Appropriations]
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 538 Berman Assembly Third Reading
Assembly Appropriations Hearing
Assembly Committee
Assembly Appropriations Hearing
Do pass as amended
Assembly Labor And Employment Hearing
Assembly Committee
Assembly Labor And Employment Hearing
Do pass and be re-referred to the Committee on [Appropriations]
Introduced
Assembly Floor
Introduced
Read first time. To print.

Contacts

Profile
Anna CaballeroD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Marc BermanD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Megan DahleR
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Kelly SeyartoR
Senator
Committee Member
Not Contacted
Not Contacted
0 of 8 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Anna CaballeroD
Senator
Committee Member
Profile
Tim GraysonD
Senator
Committee Member
Profile
Marc BermanD
Assemblymember
Bill Author
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Aisha WahabD
Senator
Committee Member
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Laura RichardsonD
Senator
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Marc Berman
Marc BermanD
California State Assembly Member
40% progression
Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

Latest Voting History

July 7, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
6017PASS

Key Takeaways

  • Requires contractors to provide payroll records to public agencies within 10 days of request.
  • Authorizes agencies to withhold payments from contractors who fail to provide requested payroll records.
  • Mandates protection of worker privacy by redacting personal information in public record requests.
  • Establishes a $100 daily penalty per worker for contractors who fail to comply with record requests.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Marc Berman
Marc BermanD
California State Assembly Member

Summary

Assembly Member Berman's proposal to modify California's public works payroll record requirements would establish new obligations for awarding bodies when responding to public requests for certified payroll records. Under the measure, awarding bodies that receive public requests for records they do not possess must obtain those documents from the relevant contractor and make them available to the requesting party. The Division of Labor Standards Enforcement would gain authority to enforce penalties through withheld progress payments if contractors fail to provide records within 10 days of receiving notice.

The bill maintains existing requirements for contractors and subcontractors to keep detailed payroll records showing employee information, work classifications, hours worked, and wages paid. These records must include written declarations under penalty of perjury confirming their accuracy and compliance with labor laws. When making records available for public inspection, awarding bodies must continue redacting personal information like social security numbers, with specific exceptions for certain labor organizations and enforcement agencies.

The measure preserves current provisions allowing the Division of Labor Standards Enforcement to assess penalties of $100 per worker per day against contractors who fail to comply with record requests. While expanding obligations for awarding bodies, the bill includes no state reimbursement requirement, as any new local costs would stem from changes to crime definitions under California's Constitution.

40% progression
Bill has passed all readings in its first house and is ready to move to the other house (6/3/2025)

Key Dates

Next Step
Referred to the Senate Standing Committee on Appropriations
Next Step
Senate Committee
Referred to the Senate Standing Committee on Appropriations
Hearing has not been scheduled yet
Senate Appropriations Hearing
Senate Committee
Senate Appropriations Hearing
Placed on suspense file
Senate Labor, Public Employment and Retirement Hearing
Senate Committee
Senate Labor, Public Employment and Retirement Hearing
Do pass, but first be re-referred to the Committee on [Appropriations]
Vote on Assembly Floor
Assembly Floor
Vote on Assembly Floor
AB 538 Berman Assembly Third Reading
Assembly Appropriations Hearing
Assembly Committee
Assembly Appropriations Hearing
Do pass as amended
Assembly Labor And Employment Hearing
Assembly Committee
Assembly Labor And Employment Hearing
Do pass and be re-referred to the Committee on [Appropriations]
Introduced
Assembly Floor
Introduced
Read first time. To print.

Latest Voting History

July 7, 2025
PASS
Senate Committee
Senate Appropriations Hearing
AyesNoesNVRTotalResult
6017PASS

Contacts

Profile
Anna CaballeroD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Tim GraysonD
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Marc BermanD
Assemblymember
Bill Author
Not Contacted
Not Contacted
Profile
Megan DahleR
Senator
Committee Member
Not Contacted
Not Contacted
Profile
Kelly SeyartoR
Senator
Committee Member
Not Contacted
Not Contacted
0 of 8 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Anna CaballeroD
Senator
Committee Member
Profile
Tim GraysonD
Senator
Committee Member
Profile
Marc BermanD
Assemblymember
Bill Author
Profile
Megan DahleR
Senator
Committee Member
Profile
Kelly SeyartoR
Senator
Committee Member
Profile
Aisha WahabD
Senator
Committee Member
Profile
Christopher CabaldonD
Senator
Committee Member
Profile
Laura RichardsonD
Senator
Committee Member