Governor Newsom Announces New Chief of Division of Apprenticeship Standards 

Curtis Notsinneh, of Sacramento, has been appointed Chief of the Division of Apprenticeship Standards at the California Department of Industrial Relations. Notsinneh has been Chief Deputy Director of the California Workforce Development Board since 2018 and was its Corrections Workforce Partnership Manager in 2018.

He was Director of Public Affairs for the Yocha Dehe Wintun Nation from 2014 to 2017. Notsinneh was Policy Director for State Assemblymember Tom Ammiano from 2011 to 2014. He was Senior Consultant for State Assemblymember Jerry Hill from 2009 to 2011. Notsinneh was Deputy State Director for the Drug Policy Alliance – California Office from 2007 to 2008. He was a Legislative Aide for State Assemblymember Jackie Goldberg from 2000 to 2007.

Notsinneh is Chair of the Stewardship Committee for the Sacramento Japanese United Methodist Church and a member of the Executive Board for the Asian Pacific Youth Leadership Project. He earned a Bachelor of Arts degree in Political Science from the University of California, Davis. Notsinneh is an enrolled member of the Jicarilla Apache Nation. This position does not require Senate confirmation and the compensation is $159,696. Notsinneh is a Democrat.

Skilled and Trained Workforce Requirements – What Does That Mean?

STW Notice Requirements

When use of a skilled & trained workforce to complete a contract is required by law or contract, public entity must give notice in all bid documents and construction contracts that the project is subject to STW requirements. BUT failure to give notice does not excuse compliance with STW requirements if imposed by statute or regulation.  Look for references to Public Contract Code sections 2601 – 2603.

What are the skilled and trained workforce requirements?

On applicable projects, contractors/subs are required to use a “skilled and trained workforce” to perform all work in an apprenticeable (#) occupation.

“Skilled and trained workforce” means ALL workers are either “Skilled journeypersons”, or Apprentices registered in a state-approved apprenticeship program

Who is a “skilled journeyperson”?

“Skilled journeyperson” is someone who either: (1) Graduated from a state approved apprenticeship program or a federally approved program outside CA; or (2) Has a least as many OJT hours as would be required to graduate from an apprenticeship program.

BUT a percentage of skilled journeypersons MUST graduates of a CA state approved apprenticeship program or federally approved program outside CA.

Apprentice Graduation Requirements

Since 1/1/20, at least 60% of the skilled journeypersons in most trades must be apprentice program graduates. Graduation percentages for certain trades capped at 30%.  Teamster occupation is exempt from graduation requirements.

Summary of Skilled and Trained Workforce Statutes

Skilled and Trained Workforce FAQs

CDPH Changes to COVID Isolation Recommendations

On January 9, 2024, the California Department of Public Health (CDPH) significantly relaxed the rules on COVID exclusion periods, moving away from the 5-day isolation requirement after a positive COVID test.

Return to Work

For COVID-19 cases with symptoms, employees may return to work if 24 hours have passed with no fever, without the use of fever-reducing medications, and their symptoms are mild and improving. For COVID-19 cases without symptoms, there is no longer an infectious period for purposes of isolation or exclusion, but if symptoms develop, the 24-hour rule will apply.

Testing

In addition, the CDPH no longer recommends testing for all close contacts of infected individuals. Instead, CDPH recommends testing only for individuals with new COVID-19 symptoms, or close contacts who are at a higher risk of severe disease or have contact with people who are at a higher risk.

For workplace outbreaks, COVID-19 Prevention regulations still require testing of all close contacts in outbreaks, and everyone in the exposed group in major outbreaks.

Employers must continue to make COVID-19 testing available at no cost and during paid time to all employees with a close contact, except for asymptomatic employees who recently recovered from COVID-19.

Masking

Employers also must provide face coverings and ensure they are worn when CDPH requires their use. COVID-positive Employees who return to work must wear a face covering for 10 days from the start of symptoms. If the employee did not have symptoms, they must still wear a face covering for 10 days from the date of their first positive COVID-19 test.

Notice

Employers must still notify all employees, independent contractors, and employers with an employee who had close contact with a COVID-19 case of a potential exposure “as soon as possible,” per Cal-OSHA standards which remain in effect until February, 2025 [See Cal-OSHA Guidance also issued January 9, 2024].

Cal/OSHA Increases Civil Penalty Amounts for 2024

The increases adjust for inflation and ensure Cal/OSHA is consistent with California and federal law.

WHAT YOU NEED TO KNOW: Some of the maximum penalties are going up by as much as $4,983 this year, a smaller increase than in the past.

OAKLAND—On January 1, 2024, the Division of Occupational Safety and Health (Cal/OSHA) increased penalties for certain violations.

This annual increase is required by a law enacted by the California Legislature in 2017 that authorizes increases in certain minimum and maximum civil penalties to make them consistent with federal OSHA’s civil penalties. The increase is based on the Bureau of Labor Statistics’ report on the October Consumer Price Index for All Urban Consumers (CPI-U) each year. This year’s adjustment for inflation rate was approximately 3.24%.

For citations issued on or after January 1, 2024, the maximum penalties for violations classified as Regulatory, General, Willful, or Repeat are as follows:

• The maximum penalty for General and Regulatory violations, including Posting and Recordkeeping violations is $15,873.
• The maximum penalty for Willful and Repeat violations is $158,727.
• The minimum penalty for Willful violations is $11,337.

The only maximum penalties that went unchanged are for violations classified as Serious, including Serious Tower-Crane and Serious Carcinogen-Use violations. Those penalties remain at $25,000.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost every workplace in California. Employers who have questions or need assistance with workplace health and safety programs can call Cal/OSHA’s Consultation Services Branch at 800-963-9424 or their local Cal/OSHA Consultation Office or email InfoCons@dir.ca.gov. 

Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices. Workers who have questions about workplace hazards and protections can call 833-579-0927 to speak with a Cal/OSHA representative during normal business hours. 

New Report Finds Private Attorneys General Act Is Too Slow to Resolve Claims, Too Little Compensation Goes to Workers

HRWATCHDOG  FEBRUARY 26, 2024 

A new report by former heads of California’s labor and occupational safety agencies found that employee labor claims filed under California’s lawsuit-first Private Attorneys General Act (PAGA) take twice as long to resolve and provide workers only one-third of the compensation compared to employment claims reviewed by state regulators.

The report was prepared by former leaders of the California Labor and Workforce Development Agency (LWDA), Division of Occupational Safety and Health (Cal/OSHA) and the Department of Industrial Relations (DIR). Authors of the report are David Lanier, who served as secretary of the California Labor and Workforce Development Agency (LWDA) for Governor Jerry Brown; Len Welsh, chief of the Division of Occupational Safety and Health (Cal/OSHA) under Governor Arnold Schwarzenegger; and Christine Baker, director of the Department of Industrial Relations (DIR) for Governor Brown.

The report also found that non-profits, small businesses and other employers have been forced to pay nearly $10 billion in PAGA case awards since 2013, with attorneys receiving the far bigger portion of the settlements and workers consistently receiving only minimal payments.

The report represents the most comprehensive review of available data regarding PAGA claims filed with the state and with the LWDA, the DIR and the Division of Labor Standards Enforcement (DLSE).

Report Findings

Among the report’s key findings:

1. Workers receive three times more when their claims are reviewed by the state vs. cases filed with a court. PAGA court case awards average $1,264 per employee vs DLSE wage claim awards averaging $3,613 per employee and DLSE Bureau of Enforcement (BOFE) awards averaging $6,438 per employee.
2.  PAGA cases filed with a court take nearly a year longer than claims filed with DLSE or LWDA. Workers filing claims directly with DLSE wait fewer than 10 months on average for their awards. The wait for workers averages 23 months for PAGA court case awards.
3. Since 2013, employers have been forced to pay nearly $10 billion in PAGA court case awards, but because of the class-action nature of many claims and heavy lawyer commissions, workers receive only a small portion of these awards.
4. DLSE offers the most effective means for workers to recover wages owed. DLSE wage claim adjudication provides the most effective and time-efficient resolution of claims by individuals. The existing PAGA fund balance could support the staffing increases and administrative changes that would be needed. Further, DLSE is no longer subject to the funding shortages cited as a justification for PAGA when it was signed into law, given the change in funding from the General Fund to workers’ compensation user funding.

In a statement, California Chamber of Commerce President and CEO Jennifer Barrera stressed that PAGA needs reform.

“Today’s PAGA system is completely broken and does not work well for employees or employers,” Barrera said. “A better system would allow employee claims to be evaluated and resolved by existing state agencies, providing faster resolution and more restitution for workers, while preventing abusive lawsuits that harm both employees and employers.”

Fix PAGA Coalition

The Fix PAGA coalition, which includes the CalChamber, community, disability and health advocates, small businesses and others, is promoting reforms that would eliminate the lawsuit-first, class action style approach that empowers lawyers at the expense of California workers and small businesses.



The coalition favors reforms that would expand existing DLSE processes to resolve employee claims faster and provide workers with more money. It is fully supportive of the already-qualified ballot measure on the November 2024 ballot, but it also is open to a legislative solution to avoid the need for a costly ballot campaign.

Upcoming Webinars/Events

Public Works Compliance 101 - March 15th - 10:00 a.m. - 11:00 a.m. - Webinar

Apprentice Graduation - March 22nd - 5:30 p.m. - ABC NorCal Training Facility, Livermore

Meet the Generals - April 17th - 4:30 p.m. - 6:00 p.m. - ABC NorCal Training Facility, Livermore