9th Circuit Closes the Door on “Open Shop” Contractor
At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act,…
2018 California Construction Law Update
The California State Legislature introduced 2,495 bills during the first year of the 2017-2018 Legislative Session. Of these, 859 were signed into law. While much political…
When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessarily Turn on Public Financing or Construction
In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known…
The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law
Behind the scenes a quiet war is raging. A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state…
Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought
Mechanics lien claims, payment bond claims, stop payment notice claims, delay claims, defect claims, abandonment claims . . . With the variety of claims unique to…
Your “Independent Contractor” Clause Just Got a Little Less Relevant
[Editor’s Note: We hate being wrong, but hey, it happens. Based on Dave Ross’ comment below we’ve revised this post to reflect that AB 1897 appears…
2015 California Construction Law Update
Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session, of which 931 were signed into law. For the design and construction industry…
Fabricating Materials for a Public Works Project at a Permanent Offsite Facility? Prevailing Wages Not Required. Excellent
I’m not one to reinvent the wheel, so I won’t. The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27,…
To Be or Not to Be – Subdivision Bonds Does Not a Public Works Project, Make it Be
“To be, or not to be, that is the question— whether ’tis Nobler in the mind to suffer the Slings and Arrows of outrageous Fortune, or…
2014 California Construction Law Update
Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and…
Workers, Wages and Wage Assessments: California Labor Commissioner Cracks Down on Prevailing Wage Violations
Don’t mess with the California Labor Commissioner. Seriously. Don’t. Julie Su, California’s Labor Commissioner, has been making headlines recently as California’s Division of Labor Standards Enforcement…
DIR Discontinues “MyLCM” for Electronic Submission of Certified Payroll Records
Earlier, I wrote about the California Department of Industrial Relations’ (“DIR”) creation of a new administrative unit, the Compliance Monitoring Unit (“CMU”), responsible for enforcing prevailing…
