LEGAL ISSUES
Prevailing Wage Rules Impact Concrete Deliveries
By Deborah E.G. Wilder O
n March 6, 2017, a California trial court ruled Labor Code Section 1720.9 unconsti-
tutional and granted a motion for summary judgment. Allied Concrete, et al. versus Brown, et al. challenged the validity of AB 219 and the requirement to pay prevailing wages for concrete deliveries. Te trial court agreed with the Plaintiffs, declaring the law uncon- stitutional and ordering a permanent injunction preventing enforcement of the Labor Code Section. However, the Department of
Industrial Relations is committed to appealing the matter and will seek an
order staying the injunction – meaning the concrete deliveries rules would stay in effect until the Appellate Court ruled. So, where does that leave contractors and concrete companies? At this junction, the recommended course of action is to continue to abide by Labor Code Section 1720.9 until the Appellate Court rules. Here is a brief outline of the
obligations under Labor Code Section 1720.9: Prevailing wage requirements
apply to concrete deliveries for all contracts awarded on or after July 1, 2016. Tis means that concrete deliv- eries on existing project (awarded prior to July 1, 2016) are not covered by
the new law. However, the law is not as straightforward as it may appear, and a contractor ordering a concrete delivery may find themselves assuming additional liability if they are not
careful: Prevailing wage applies to concrete deliveries for public works contracts awarded AFTER July 1, 2016.
Te concrete company must be provided a contract, in writing, informing the company that the delivery is subject to prevailing wages. (If not, the contractor ordering the concrete delivery will be liable for the prevailing wages to be paid to the delivery driver). Prevailing wages to be paid are
PARTNERSHIPS BUILDS
The Laborers’ Union knows that its members’ success goes hand-in-hand with the contractor and provides the resources to foster mutual success. No matter what the issue is, the Laborers are here to help. • Skilled manpower • Project tracking and alerts • Training and apprenticeship • OSHA and regulatory assistance • Workers’ Comp / ADR programs
R H
Northern California (925) 469-6800
www.ncdclaborers.org
Southern California (626) 350-6900
www.scdcl.org
Find your next project, perform it safely, complete it on time and under budget with the Laborers.
The Laborers-Employers Cooperation and Education Trust Southwest is a partnership between the Laborers International Union of North America (LIUNA) and its signatory contractors to secure projects and jobs, increase market share, and advance market-related interests throughout the states of Arizona, California and New Mexico. Learn more @
www.lecetsw.org
14 May/June 2017 California Constructor
S
C
O
O
S
I
U
E
A
E T
W
N
T
L
S
A
U
B
R
O
T
R
E
R
O
S
I
-
T
E
C
M
P
D
L
O
E
Y
D
E
N
R
S
O
O
T
P
A
U
A
N
T
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24
