Governor Newsom signed Assembly Bill (AB) 1034, which extends the exemption from the California Private Attorneys General Act (PAGA) for certain employees in the construction industry until January 1, 2038.

This extension applies to employees in the construction industry who are covered by a collective bargaining agreement (CBA) that meets specific conditions including:

• Expressly provides for wages, hours of work, and working conditions of employees
• Provides premium wage rates for all overtime worked
• The employee receives a regular hourly pay rate of not less than 30 percent more than the state minimum wage.

To qualify, the CBA must prohibit all of the violations of the labor code that are redressable pursuant to PAGA and provide for a grievance and binding arbitration process to redress those violations.  The CBA must also expressly waive  PAGA’s requirements in clear and unambiguous terms and authorize the arbitrator to award any and all remedies available under the California Labor Code, with the exception of penalties that would otherwise be awardable to the Labor Workforce Development Agency.

If you have questions about AB 1034, or related issues, contact a Jackson Lewis attorney to discuss.