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Assembly Bill 3731 (Lockyer 1976)

Chapter 832, Statutes of 1976 - AB 3731

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As enacted in 1976, Assembly Bill 3731 was a single-section bill that proposed only to amend Labor Code section 226.  (See Exhibit #1e)  Assembly member Bill Lockyer introduced Assembly Bill 3731 on March 15, 1976 at the request of California Rural Legal Assistance and the California Teamsters Legislative Council.  (See Exhibits #1a and #5, page 1) 

 

Assembly Bill 3731 was assigned to the Assembly Committee on Labor Relations where policy issues raised by the bill were considered.  (See Exhibits #2 and #3)  The Assembly amended the bill on May 12 and May 21, 1976.  (See Exhibits #1b, #1c, and #2)  Assembly Bill 3731 was approved by the Assembly and forwarded to the Senate on June 3, 1976.  (See Exhibit #2)

 

While in the Senate, the Senate Committee on Industrial Relations considered the policy issues raised by the bill.  (See Exhibits #2 and #5)  The Senate made only one amendment to Assembly Bill 3731, on August 23, 1976.  (See Exhibits #1d and #2)  The Senate thereafter approved the bill and returned it to the Assembly on August 26, 1976.  (See Exhibit #2)

 

The Assembly approved the Senate amendments and Assembly Bill 3731 was forwarded to the Governor on September 1, 1976.  Governor Edmund G. Brown,
Jr., signed the bill on
September 8, 1976, and it was recorded by the Secretary of State the following day as Chapter 832 of the Statutes of 1976.  (See Exhibits #1e and #2)

 

In its letter to Governor Brown, the California Rural Legal Assistance provided the following background discussion explaining its sponsorship of this legislation:

 

            There are a number of employers, usually small growers, who systematically refuse to give wage stub information to their employees.  A number simply pay in cash, or pay by check without furnishing itemized statements.  One grower operating in Yuba County went as far as detaching the wage stub before giving the employee the paycheck.  Serious consequences for employees can result.  They do not know whether deductions for state and local

taxes, social security, and other authorized deductions are being made.  Further, if it becomes necessary for these employees to prove their earnings record for unemployment, welfare, or other program purposes in El Centro, for example, they may not be able to do so without going back to the employer in Madera.  Such delays in proving eligibility create severe hardships for workers and their families.  The law should permit them to recoup their losses from an employer who knowingly and intentionally flaunts the law.

(See Exhibit #9, document PE-4)