Prevailing Wage Law & Public Works

Prevailing Wage Law & Public Works

Overview

State and federal law mandate payment of prevailing wages and record-keeping, apprenticeship, and other obligations on public works of construction. In recent years, California's Prevailing Wage Law has been interpreted to apply broadly to construction projects historically considered to be private works not subject to prevailing wage requirements and, therefore, poses issues for owners, developers, contractors, and others involved in both public and private development.

We have been actively involved in prevailing wage law legislation, interpretation, and litigation for decades. We are active in wage and hour, public works, prevailing wage, and other labor-related legislative issues before the California legislature, including the drafting and negotiation of proposed legislation and amendments to the prevailing wage law and related legislation. We regularly represent developer, contractor, and property owner trade associations, and individual developers and contractors before the Department of Industrial Relations and in the courts, challenging administrative interpretations of the prevailing wage and wage and hour laws. We also provide commentary and otherwise participate on behalf of the real estate and construction industry in the development of administrative regulations.

We routinely counsel commercial, residential, and low-income housing developers and contractors on the application of the prevailing wage law, including structuring of development transactions and agreements to comply with the prevailing wage law.

We are also are uniquely experienced with enforcement of public bidding requirements under state and local laws, public bid protest issues, and representation of labor compliance programs mandated on public works under California law.

Representative
Matters

Obtained an appellate decision establishing the immunity of developers to class action prevailing wage claims through representation of general contractor, developer, and surety of master planned commercial and residential community against class action claims by employees seeking to represent all employees of all construction employers on the master planned development and claiming alleged underpayment of wages under California's Prevailing Wage Law.

Represented a master developer of former military property against claims that prevailing wages requirements be imposed on all commercial and residential construction to be performed in the redevelopment, which claims were based on alleged deed covenants, development agreements, and California's Prevailing Wage Law.

Represented developers, contractors, and contractor associations before Department of Industrial Relations in various project determination and administrative appeals determining application and interpretation of California Prevailing Wage Law to construction projects.

Obtained coverage determinations from the Department of Industrial Relations finding that affordable housing financing structure did not trigger application of California's Prevailing Wage Law on various projects.

Represented a national contractor in $1.4 million administrative enforcement proceedings seeking payment of prevailing wages resulting by alleged violation of subcontractor on public works project.

Successfully defended a national homebuilder against multiple claims alleging prevailing wage and unfair competition claims violations.

Represented an employee class on appeal in relation to interpretation and enforcement of prevailing wage law against public agency.

Attorneys &
Paralegals

Name Title City Phone  
Campbell, Robert G. Partner Los Angeles 310.284.2259
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McKenzie, Dwayne Partner Los Angeles 310.284.2279
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Miller, Jr., John S. (Rocky) Partner Los Angeles 310.284.2235
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Noneman, Charles E. Partner Los Angeles 310.284.2236
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