CaliforniaLabor: elective compensation under the Inflation Reduction Act of 2022.
What it does
Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law requires a person who unlawfully withholds wages due an employee, as provided, to be subject to specified civil penalties. Existing law charges the Labor Commissioner with enforcement of these provisions.
More detail
Existing law makes every person who fails to pay the wages of each employee subject to a specified penalty. Existing law requires the penalty to either be recovered by an employee as a statutory penalty or by the Labor Commissioner as a civil penalty, as prescribed.
Existing law defines "public works," for 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 further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a violation of this requirement. Existing law provides that for the purposes of provisions of law relating to the payment of prevailing wages, "public works" includes specified types of construction, alteration, demolition, installation, and repair work.
Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to recover through a civil action a civil penalty that may be assessed and collected by the Labor and Workforce Development Agency, as specified.
This bill would, until January 1, 2029, authorize a taxpayer, employer, contractor, or subcontractor to make an elective retroactive wage payment, as defined, to workers who performed work on a qualified renewable clean energy facility pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169) if certain requirements are met, including, among others, that the facility is not a public works project, as defined, and would not otherwise be subject to the Davis-Bacon Act, as specified. The bill would specify that those provisions do not apply to, among others, violations of any other provision of law unrelated to the payment of retroactive prevailing wage correction payments in connection with the application for federal tax benefits pursuant to the Inflation Reduction Act of 2022. The bill would limit that authorization to renewable energy facility construction or repairs commenced on or after January 1, 2023, that were completed on or before December 31, 2024.
The bill would make related findings and declarations.
This bill would declare that it is to take effect immediately as an urgency statute.
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Where it stands
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 1Chaptered by Secretary of State. Chapter 220, Statutes of 2025.Latest
- Oct 1Approved by the Governor Gavin Newsom.Became Law
- Sep 23Enrolled and presented to the Governor at 2 p.m.To Governor
- Sep 12Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2968.) Ordered to engrossing and enrolling.Major
- Vote recorded Unfinished Business SB400 Cortese Urgency Clause Concurrence. Result: pass.Upper
- Sep 12Urgency clause adopted.Major
- Sep 12In Senate. Concurrence in Assembly amendments pending.
- Sep 11Read third time. Urgency clause adopted. Passed. (Ayes 80. Noes 0. Page 3277.) Ordered to the Senate.Major
- Vote recorded SB 400 Cortese Third Reading Urgency By Calderon. Result: pass.Lower
- Sep 3(Corrected September 18.)
- Sep 3Ordered to third reading.Minor
- Sep 3Read third time and amended.Major
- Sep 2Ordered to third reading.Minor
- Sep 2Action rescinded whereby bill was read third time, Urgency clause adopted, passed, and ordered to the Senate.Major
- Aug 29In Assembly. Held at Desk.
- Aug 29Ordered to the Assembly.
- Aug 29Action rescinded whereby bill was re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).Minor
- Aug 29Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).Minor
- Aug 28In Senate. Concurrence in Assembly amendments pending.
- Vote recorded SB 400 Cortese Consent Calendar Second Day. Result: pass.Lower
- Aug 28Read third time. Urgency clause adopted. Passed. (Ayes 74. Noes 0. Page 2778.) Ordered to the Senate.Passed Assembly
- Aug 25Read second time. Ordered to consent calendar.Minor
- Aug 21Read second time and amended. Ordered to second reading.Major
- Aug 20From committee: Do pass as amended. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 20).Major
- Vote recorded Do pass as amended. To Consent Calendar. Result: pass.Lower
- Jul 10From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (July 9). Re-referred to Com. on APPR.Minor
- Jul 9
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Jun 30From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.Major
- Jun 27Re-referred to Coms. on L. & E. and JUD. pursuant to Assembly Rule 96.Minor
- Jun 24July 7 set for first hearing canceled at the request of author.
- Jun 23From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.Major
- May 19Referred to Com. on TRANS.Minor
- May 8In Assembly. Read first time. Held at Desk.Minor
- Vote recorded Consent Calendar 2nd. Result: pass.Upper
- May 8Read third time. Passed. (Ayes 36. Noes 0. Page 1050.) Ordered to the Assembly.Passed Senate
- May 6Read second time. Ordered to consent calendar.Minor
- May 5From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.Minor
- Apr 25Set for hearing May 5.
- Apr 23From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0. Page 842.) (April 22). Re-referred to Com. on APPR.Minor
- Apr 22
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- Apr 8Set for hearing April 22.
- Apr 7From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.Major
- Apr 3April 8 hearing postponed by committee.
- Apr 1Set for hearing April 8.
- Mar 27From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS.Major
- Mar 13March 25 set for first hearing canceled at the request of author.
- Mar 11Set for hearing March 25.
- Feb 26Referred to Com. on TRANS.Minor
- Feb 18From printer. May be acted upon on or after March 17.
- Feb 14Introduced. Read first time. To Com. on RLS. for assignment. To print.Introduced