The State of California won an important appeal this week that affirms a lower court ruling regarding public works projects in charter cities. By state law, reimbursements from the state to charter cities are conditioned on local governments requiring contractors to pay prevailing wages. The appeal from certain charter cities […]
Defining Public Work Often workers are unsure whether the California project where they are working is a “public work” that requires their employer to pay them a minimum “prevailing wage” rate set by the State of California. California Labor Code section 1720 defines a public work as: “Construction, alteration, demolition, […]
Law360 reported this week that Donahoo & Associates, PC filed a proposed class action lawsuit in California court on behalf of Plaintiff Jerome Fatulegaee. The plaintiff accuses Long Beach, Tidelands Oil Production Co., subcontractor Nabors Completion & Production Services Co. and other unspecified contractors and subcontractors of failing to pay […]
Several cities in San Diego County have argued that public construction projects funded locally are not subject to state prevailing wage rules. A new state law going into effect January 1, 2015 requires charter cities to pay prevailing wages regardless of the funding source. Disregarding this law would result in […]
Work covered by California’s Prevailing Wage Law includes installation of traffic light cameras. A recent article about red light light cameras highlights a prevailing wage issue that may not be commonly understood. Projects paid in full or in part with public funds require payment of prevailing wage rates, which are […]
The San Diego Union-Tribune today reported that the state of California has issued a fine of $200,000 over a wage issue involving two public schools and dozens of workers. The state claims that the subcontractor, La Jolla Electric, failed to pay prevailing wages. The company has appealed. Contractors and subcontractors […]
Beginning January 1, 2014 several changes to California Labor Code relating to public works and the prevailing wages took effect. These changes benefit employees by: Lengthening the period in which claims can be filed Increasing the penalties and damages available to employees who did not receive their proper wages Improving […]
This is a historic moment for public works in the city of San Diego. After decades of neglect, the city is intending to rebuild our streets, sidewalks, storm-drains, libraries and parks, and replace an aging water-wastewater system. In the coming fiscal year, the city is proposing over $330 million in […]
On February 3, 2012 the Superior Court County of Yolo certified a class action against Valley Slurry Seal Company/ Valley Slurry Seal Emultech (VSS) on a prevailing wage claim. This case involves current and former employees of VSS seeking redress of claims for the failure to pay prevailing wages. All claimants worked in the execution of a public works project as hourly employees for VSS in the State of California during the three years prior to the filing of this action. The class was certified alleging that VSS improperly annualized and failed to irrevocably contribute employer fringe benefit contributions. The ruling on annualization is one of the first of its kind, allowing the plaintiffs to pursue their claims as a class.
This week, as we consider the many things we are thankful for, consider the service and sacrifice by members of our community who are called to be jurors in our civil justice system. Our system only functions with the willingness of the citizen-juror to sit and listen to facts and render impartial judgment. Without the willing juror, the system does not work.
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