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General information, not legal advice.

Annualization starts with all hours

Effective 1/1/2026, AB 889 requires fringe benefit credit to be annualized across public and private hours. Looking only at hours on a public works project does not provide the full annualization record.

The end of frontloading

AB 889 ends frontloading and revokes the Director’s waivers. A fringe benefit statement should be supported by records of contributions and hours rather than an assumption that an early contribution can be assigned entirely to public work.

Year-end 2026: the first full year under AB 889

AB 889 took effect January 1, 2026. When employer benefit payments are higher on public works than on private work, the credit must be annualized, and the bill removed the Director's exception and revoked annualization exemptions granted before 2026. That makes 2026 the first full year under these rules, so review each worker's annualization records at year-end. Contractors need per-worker annualization records. Bring public and private hours together with benefit contribution records before reviewing the year’s fringe credits.

Records to bring to the review

Keep the records connected at the employee level. We help track fringe benefit contributions alongside wages and review the information used for certified payroll.

  • Public and private hours for each worker.
  • Benefit contributions and the periods they cover.
  • Fringe benefit statements and prior certified payroll reports.
  • Notes explaining corrections or differences between records.

Sources

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