CaliforniaEmployment.
What it does
(1) Existing law sets forth the Labor Commissioner's duties, including investigating employee complaints and providing for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law authorizes the Labor Commissioner, as an alternative to a judgment lien, to create a lien on real property for amounts due under a final order in favor of the employee or employees named in the order with the county recorder of any county in which the employer's real property may be located, at the Labor Commissioner's discretion and depending upon the information the Labor Commissioner obtains concerning the employer's assets. Existing law provides that unless the lien is satisfied or released, the lien continues until 10 years from the date of its creation.
More detail
This bill would authorize the lien to be renewed at any time prior to its expiration for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment.
(2) Existing law precludes an employer or other person or entity who may be liable for a violation of the Labor Code from introducing as evidence in an administrative proceeding contesting a citation or writ proceeding under specified provisions, certain books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within a specified time period, except as specified.
This bill would also preclude an employer or other person or entity from using or relying on the above-described books, documents, or records as evidence, would revise the types of books, documents, or records to which the provisions are applicable, and would make those provisions applicable to a specified administrative proceeding contesting citations for retaliation or discrimination complaints.
(3) Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers' compensation for public works projects. Existing law requires the Labor Commissioner to issue a civil wage and penalty assessment to a contractor or subcontractor, or both, if, after an investigation, the commissioner determines there has been a willful violation of the laws regulating public works. Existing law authorizes an affected contractor or subcontractor to obtain a review of the civil wage and penalty assessment by requesting a hearing from the office of the Labor Commissioner, after which the director shall issue a written decision, as specified. Existing law authorizes an affected contractor or subcontractor to obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court, as specified.
This bill would preclude a contractor or subcontractor from introducing as evidence, or in any other way using or relying on as evidence, at a hearing or writ of mandate proceeding described in the provisions above, any books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within the time that the Labor Commissioner requests those books, documents, or records to be produced, except as specified. The bill would require the Labor Commissioner to take into consideration a reasonable request from the contractor or subcontractor for an extension of time for production of books, documents, or records, as specified.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 27Chaptered by Secretary of State. Chapter 157, Statutes of 2026.Latest
- Aug 27Approved by the Governor Gavin Newsom.Became Law
- Aug 18Enrolled and presented to the Governor at 3 p.m.To Governor
- Aug 13In Senate. Ordered to engrossing and enrolling.Minor
- Vote recorded SB 1316 Smallwood-Cuevas Consent Calendar Second Day. Result: pass.Lower
- Aug 13Read third time. Passed. (Ayes 72. Noes 0. Page 6158.) Ordered to the Senate.Passed Assembly
- Aug 6Read second time. Ordered to consent calendar.Minor
- Aug 5From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Jun 23From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 12. Noes 0.) (June 23). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Jun 11From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 10). Re-referred to Com. on JUD.Minor
- Jun 10
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary] with recommendation: To Consent Calendar. Result: pass.Lower
- May 26Referred to Coms. on L. & E. and JUD.Minor
- May 19In Assembly. Read first time. Held at Desk.Minor
- May 18Read third time. Passed. (Ayes 37. Noes 0. Page 4319.) Ordered to the Assembly.Passed Senate
- Vote recorded 3rd Reading SB1316 Smallwood-Cuevas. Result: pass.Upper
- May 12Read second time. Ordered to third reading.Minor
- May 11From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- May 5Set for hearing May 11.
- May 4May 4 hearing postponed by committee.
- Apr 24Set for hearing May 4.
- Apr 22From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 3980.) (April 21). Re-referred to Com. on APPR.Minor
- Apr 21
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Apr 16Set for hearing April 21.
- Apr 15From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 3903.) (April 15). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Apr 9Set for hearing April 15.
- Apr 8Re-referred to Coms. on L., P.E. & R. and JUD.Minor
- Mar 26Re-referred to Com. on RLS.Minor
- Mar 26Withdrawn from committee.Major
- Mar 25From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.Major
- Mar 4Referred to Com. on L., P.E. & R.Minor
- Feb 23Read first time.Minor
- Feb 23From printer. May be acted upon on or after March 23.
- Feb 20Introduced. To Com. on RLS. for assignment. To print.Introduced