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. Plaintiffs allege that VSS improperly calculated total hours worked, including on public and private projects, when determining the prevailing wage credit due on public works projects. If the court finds for the plaintiffs on this issue, VSS will also be liable for prevailing wage penalties.
Workers employed between April 8, 2004 and the present will soon receive official notice of the certification of the class action and can also contact plaintiff counsel directly at Donahoo & Associates.