SB 1115: Department of Industrial Relations: annual survey: Women in Construction Priority Unit.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-03-29
Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Existing law provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the department to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision.
This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements.
This bill would, upon appropriation by the Legislature, require the department to establish a Women in Construction Priority Unit, to be overseen by the Director of Industrial Relations, to coordinate and help ensure collaboration across the departments divisions. divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce. The bill would set forth the duties of the unit and would require the director, upon appropriation by the Legislature, to assist with the establishment of the unit by convening, by July 1, 2023, an advisory committee with specified representatives to make recommendations to advance the units objectives.
Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Existing law provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the Department of Industrial Relations department to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision.
This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements.
This bill would, upon appropriation by the Legislature, require the department to establish a Women in Construction Priority Unit, to be overseen by the Director of Industrial Relations, to coordinate and help ensure collaboration across the departments divisions. The bill would set forth the duties of the unit and would require the director, upon appropriation by the Legislature, to assist with the establishment of the unit by convening, by July 1, 2023, an advisory committee with specified representatives to make recommendations to advance the units objectives.
Existing law, the Shelley-Maloney Apprentice Labor Standards Act of 1939, authorizes a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer to administer an apprenticeship program, as prescribed. Existing law requires the Department of Industrial Relations to conduct an annual survey of the ethnic derivation of the individuals who are parties to apprentice agreements pursuant to that provision.
This bill would require the annual survey to additionally include the gender of the individuals who are parties to those apprentice agreements.
For purposes of this chapter, all of the following definitions shall apply:
(a)Department means the Department of Industrial Relations.
(b)Director means the Director of Industrial Relations.
(c)Unit means the Women in Construction Priority Unit.
107.7.1.(a)Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and help ensure collaboration across the departments divisions. divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce.
(b)(1)Upon appropriation by the Legislature, to assist with the establishment of the unit, the director shall, by July 1, 2023, convene an advisory committee to make recommendations to advance the units objectives.
(2)The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents who represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts. The advisory committee shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing.
107.7.2.The unit shall do both all of the following:
(a)Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and journeypersons in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women and nonbinary individuals in construction, maintaining an internet website listing workers rights, developing training materials specific to women and nonbinary individuals to navigate health and safety and wage and hour laws, and leadership training for forewomen. to increase the upward mobility of women and nonbinary individuals in construction careers.
(b)Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women and nonbinary individuals in construction, and interagency training.
(c)Upon request by a state agency and approval by the Secretary of Labor and Workforce Development, establish interagency agreements that shall include the requirements in subdivisions (a) and (b) to promote the recruitment and retention of women and nonbinary individuals in construction.
SEC. 2.Section 151 of the Labor Code is amended to read:151.(a)The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort.
(b)The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather additional current data as may be of benefit to apprenticeship programs.
(c)Data gathered pursuant to this section shall not be evidence per se of an unlawful employment practice.
(d)This section shall not be construed to authorize a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of those individuals qualifications for employment.
For purposes of this chapter, all of the following definitions shall apply:
(a)Department means the Department of Industrial Relations.
(b)Director means the Director of Industrial Relations.
(c)Unit means the Women in Construction Priority Unit.
107.7.1.(a)Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and help ensure collaboration across the departments divisions.
(b)(1)Upon appropriation by the Legislature, to assist with the establishment of the unit, the director shall, by July 1, 2023, convene an advisory committee to make recommendations to advance the units objectives.
(2)The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents who represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts. The advisory committee shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing.
107.7.2.The unit shall do both of the following:
(a)Assist and provide resources to women in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women in construction, maintaining an internet website listing workers rights, developing training materials specific to women to navigate health and safety and wage and hour laws, and leadership training for forewomen.
(b)Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women in construction, and interagency training.
SECTION 1.SEC. 2.Section 151 of the Labor Code is amended to read:151.(a)The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort.
(b)The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather additional current data as may be of benefit to apprenticeship programs.
(c)Data gathered pursuant to this section shall not be evidence per se of an unlawful employment practice.
(d)This section shall not be construed to authorize a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of those individuals qualifications for employment.
(a)The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort.
(b)The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather such additional current data as may be of benefit to apprenticeship programs.
(c)Data gathered pursuant to this section shall not be evidence per se of an unlawful employment practice.
(d)Nothing in this This section shall not be construed to authorize any a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of such those individuals qualifications for employment.
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Date
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Status
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| Aug 11, 2022 | August 11 hearing: Held in committee and under submission. |
| Jun 29, 2022 | June 29 set for first hearing. Placed on suspense file. |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 15). Re-referred to Com. on APPR. |
| May 27, 2022 | Referred to Com. on L. & E. |
| May 24, 2022 | In Assembly. Read first time. Held at Desk. |
| May 23, 2022 | Read third time. Passed. (Ayes 29. Noes 1. Page 3838.) Ordered to the Assembly. |
| May 19, 2022 | Read second time. Ordered to third reading. |
| May 13, 2022 | Set for hearing May 19. |
| Apr 18, 2022 | April 18 hearing: Placed on APPR suspense file. |
| Apr 6, 2022 | Set for hearing April 18. |
| Apr 5, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3309.) (April 4). Re-referred to Com. on APPR. |
| Mar 29, 2022 | Set for hearing April 4. |
| Mar 7, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R. |
| Feb 23, 2022 | Referred to Com. on L., P.E. & R. |
| Feb 17, 2022 | From printer. |
| Feb 16, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| May 23, 2022 | Senate 3rd Reading SB1115 Skinner et al. | Senate Floor |
Passed |
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Bill Author
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