California Public Contract Code 10510.52 – (a) A vendor that supplies the university with employees to …
(a) A vendor that supplies the university with employees to perform services, shall provide those employees with written notice of the total compensation rate specified in the vendor’s contract with the university or required by university policy, whichever is higher, and the employee‘s hourly rate of pay and hourly value of employer-provided benefits. The vendor shall provide employees with these notices at the time each employee is assigned to perform services for the university and thereafter, each January, and within seven days of a change to the employee’s hourly rate.
(b) (1) In January and July of each year, the vendor shall provide basic payroll information to the university and members of any joint labor-management committee. The vendor shall provide all employees who agree to perform services for the university or continue doing so with written notice of this requirement and the written notice shall also include the following text:
Terms Used In California Public Contract Code 10510.52
- Basic payroll information: means , for each vendor-supplied employee who performed services at any time during the preceding six-month period, the following information:
California Public Contract Code 10510.51
- Contract: A legal written agreement that becomes binding when signed.
- Contract: includes any written instrument, purchase order, change order, order, requisition, service agreement, or other written or electronic document, however titled, reflecting an agreement that the vendor will perform services or supply the university with employees to perform services in exchange for payment. See California Public Contract Code 10510.51
- Employee: includes any contract worker, or individual employed by any vendor, or otherwise supplied to the university by any vendor, to perform services for the university. See California Public Contract Code 10510.51
- Hourly value of employer-provided benefits: means the employer's actual cost for the employee's benefits, including, but not limited to, retirement, health, dental, vision, and life and disability benefits calculated as an hourly dollar amount. See California Public Contract Code 10510.51
- Joint labor-management committee: includes any joint labor-management committee or similar meeting body or committee established jointly by the university and the exclusive representative of university employees who perform the same or similar services as the employees performing services for the university. See California Public Contract Code 10510.51
- Services: includes services that have been customarily performed by bargaining unit employees of the university, including, but not limited to, the following services: cleaning, custodial, janitorial, or housekeeping services. See California Public Contract Code 10510.51
- Total compensation rate: means the employee's hourly rate of pay plus the hourly value of employer-provided benefits, or the equivalent compensation. See California Public Contract Code 10510.51
- University: means the University of California. See California Public Contract Code 10510.51
- University policy: means a policy or collective bargaining agreement adopted or approved by the university that requires vendors to provide employees wages and benefits of equivalent value to the wages and benefits provided to university employees performing the same work. See California Public Contract Code 10510.51
- Vendor: means contractor and includes any person, employer, supplier of labor, staffing agency, temporary services employer, labor broker, management services provider, or other entity that contracts with the university to provide services or to supply the university with its own employees or those of a subcontractor to perform services. See California Public Contract Code 10510.51
“Basic payroll information pertaining to all employees who accept an assignment or continue performing services for the University of California will be shared with the University of California and the organizations that represent University of California employees. The information that will be shared includes your full name, university work location, mobile telephone number, email address, and home address. The purpose of sharing this information is to ensure that the University of California and the organizations that represent University of California employees can contact you if they discover you have been paid less than required by the vendor’s contract with the university or university policy and so that the University of California can provide you with a timely offer of employment as soon as you become eligible.”
(2) Basic payroll information for an individual employee who performs services for the university shall also, upon request, be made available for inspection by that individual employee or that individual employee’s authorized representative or be furnished to that individual employee or that individual employee’s authorized representative.
(c) If an auditor, vendor, the university, or any other person conducts or receives an audit, verification, notice, report, or finding with regard to whether a vendor has compensated employees at the total compensation rate required by the vendor’s contract with the university or university policy, including the vendor’s failure to provide employees with any “wage and benefits parity” rate required by university policy, that audit, verification, notice, report, or finding shall be provided to the university and members of any joint labor-management committee.
(Added by Stats. 2023, Ch. 480, Sec. 1. (SB 27) Effective January 1, 2024.)