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    AB-538
    Labor & Employment

    Public works: payroll records.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    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

    View 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

    View 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