There are currently two bills in the California State Legislature that could pull your business into disputes that do not have any association with the commercial real estate industry. BOMA California, of which BOMA San Francisco is a member, is asking that BOMA members focus on the first of two bills, below, AB 2416, and contact California State Legislators from your area to help deter the measure's passage.
BOMA California is also providing information on a related bill, AB 1897, also below, as a corollary; it may come up in your conversations with legislators' office staff members.
AB 2416 (Stone; D-Scotts Valley) Unproven Wage Liens. This bill creates a precarious and unbalanced precedent in the wage and hour debate by allowing employees to file liens on an employer’s real or personal property, or property where work was performed, based upon alleged yet unproven wage claims.
AB 1897 (Hernandez; D-West Covina) Labor Contracting; Client Liability. This measure would oblige one company to essentially insure the wage and hour obligations, workers’ compensation coverage, and occupational health and safety duties of a separate employer’s employees, which will discourage the use of contractors and their employees.
Both bills will be considered when the California State Legislature returns from their recess on August 4th. First in the California State Senate and, if both bills pass, then in the California State Assembly for concurrence.
BOMA California opposes both bills and is strongly urging all BOMA members statewide to get engaged locally on these measures.
To help you communicate with legislators, please find the following:
- A summary of AB 2416;
- An example letter;
- Lien comparison chart.
- Proponents of this bill want to argue that this lien is just like the Mechanics Lien. It is not. This chart helps you know the differences, and explains why the pre-judgmental lien in the bill is bad for your property.