Infrastructure Law Blog

Infrastructure Law Blog

Insights on California and national public works construction issues

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Budget Trailer Bill 502 would expand DIR fines and agency notice requirements

Posted in Legislation, Prevailing Wages, Public Works Funding

On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially required by SB 854. SB… Continue Reading

New public works requirements for contractors and public agencies pursuant to SB 854

Posted in Certified Payroll Records, Legislation, Prevailing Wages, Uncategorized

On June 20, 2014, the California legislature adopted SB 854, a “budget bill” that was heavily negotiated and tied to the approval of the state budget. Included among a variety of unrelated provisions in the lengthy bill were a number of additions and changes to the California Labor Code which will revamp the monitoring of… Continue Reading

California legislature enacts several new laws concerning prevailing wage requirements

Posted in Prevailing Wages

The California legislature has enacted a number of laws that impact prevailing wage requirements, including provisions that affect charter cities, requirements to inform the Labor Commissioner of the completion of public works projects, exposure to liquidated damages for prevailing wage violations, and applying prevailing wage requirements to refinery construction projects. These laws went into effect… Continue Reading

Demise of the “de minimis” exception to prevailing wage requirements?

Posted in Legislation, Prevailing Wages

The legislature is considering adopting a statute that would require workers on private projects to be paid prevailing wage if public subsidies exceed the lesser of $10,000 or 1% of the project cost.  This would effectively eliminate the de minimis exception and likely change the landscape for public subsidies on private projects.… Continue Reading

California Supreme Court opinion regarding applicability of prevailing wages to charter cities still pending

Posted in Prevailing Wages

An appellate court case decided in April of 2009 held that public works projects awarded by charter cities, and financed solely from city revenues, were not subject to California prevailing wage requirements under the Prevailing Wage Law. (See State Building and Construction Trades Council of California v. City of Vista (2009) 173 Cal.App.4th 567.)  On… Continue Reading

DIR opinion solidifies “de minimis” exception to prevailing wages for private developers

Posted in Prevailing Wages

The California Department of Industrial Relations recently published an opinion which solidifies the “de minimis” exception to prevailing wage laws for private developers which receive small amounts of public financial support for their projects. In Public Works Case No. 2008-37, the DIR responded to a request for a prevailing wage coverage determination initiated by the… Continue Reading

Employee of subcontractor can’t recover prevailing wage underpayment from prime contractor

Posted in Prevailing Wages

A recent California appellate court decision held that an employee of a subcontractor on a public works project has no right to recover a prevailing wage underpayment from the prime contractor. (See Violante v. Communities Southwest Development and Construction Company, (April 17, 2006, E037333) ___ Cal.App.4th ___ [06 C.D.O.S. 3209].) In Violante, the plaintiffs were… Continue Reading