SHEET METAL WORKERS' INTERNAT. ASSN., LOCAL 104 v. DUNCAN

No. A131489.

229 Cal.App.4th 192 (2014)

176 Cal. Rptr. 3d 634

SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL 104, Plaintiff and Respondent, v. JOHN C. DUNCAN, as Director, etc., et al., Defendants and Respondents; RUSS WILL MECHANICAL, INC., Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Three.

August 27, 2014.


Attorney(s) appearing for the Case

Sheppard Mullin Richter & Hampton, Richard M. Freeman and Matthew Scott McConnell for Real Party in Interest and Appellant.

Atkinson, Andelson, Loya, Ruud & Romo, Robert Fried and Thomas A. Lenz for National Precast Concrete Association, Precast/Pre-Stressed Concrete Manufacturers Association of California and Associated Builders & Contractors of California as Amici Curiae on behalf of Real Party in Interest and Appellant.

Cook Brown, Dennis B. Cook , Barbara A. Cotter and Meggi E. Wilson for Air Conditioning Trade Association, The California Counsel for Affordable Housing, The Modular Building Institute, Inc., and the Western Electrical Contractors Association, Inc., as Amici Curiae on behalf of Real Party in Interest and Appellant.

Altshuler Berzon, Peter D. Nussbaum and Anne Nelson Arkush for Plaintiff and Respondent.

No appearance for Defendants and Respondents.


OPINION

McGUINESS, P. J.

California's prevailing wage law generally requires that workers employed on public works be paid the local prevailing wage for work of a similar character. (Lab. Code,1 § 1771.) The question presented by this appeal is whether the prevailing wage law applies to an employee of a subcontractor who fabricates materials for...

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