MENDOZA v. FONSECA McELROY GRINDING CO., INC.

No. S253574.

11 Cal.5th 1118 (2021)

LEOPOLDO PENA MENDOZA et al., Plaintiffs and Appellants, v. FONSECA McELROY GRINDING CO., INC., et al., Defendants and Respondents.

Supreme Court of California.

August 16, 2021.


Attorney(s) appearing for the Case

Justice At Work Law Group, Tomas E. Margain ; Esner, Chang & Boyer, Stuart B. Esner and Holly N. Boyer for Plaintiffs and Appellants.

Altshuler Berzon, Eileen Goldsmith and Zoe Palitz for International Association of Sheet Metal, Air, Rail & Transportation Workers, Sheet Metal Workers' Local Union No. 104 as Amicus Curiae on behalf of Plaintiffs and Appellants.

David Balter, Kristin García , Luong Chau and Lance Grucela for Department of Industrial Relations, Division of Labor Standards Enforcement as Amicus Curiae on behalf of Plaintiffs and Appellants.

Simpson, Garrity, Innes & Jacuzzi, Paul V. Simpson and Sarah E. Lucas for Defendants and Respondents.

Rutan & Tucker, Paul Aherne and Alyssa Roy for Construction Employers' Association as Amicus Curiae on behalf of Defendants and Respondents.

Cook Brown, Dennis B. Cook and Stephen McCutcheon for Modular Building Institute, Northern Alliance of Engineering Contractors and Western Electrical Contractors Association, Inc., as Amici Curiae on behalf of Defendants and Respondents.

Sweeny, Mason, Wilson & Bosomworth and Roger M. Mason for United Contractors as Amicus Curiae on behalf of Defendants and Respondents.

Jeffer Mangels Butler & Mitchell, Kerry Shapiro , Matthew D. Hinks and Martin P. Stratte for California Construction and Industrial Materials Association as Amicus Curiae on behalf of Defendants and Respondents.

Ogletree, Deakins, Nash, Smoak & Stewart, Robert R. Roginson and Ryan H. Crosner for Associated General Contractors of California as Amicus Curiae on behalf of Defendants and Respondents.

Atkinson, Andelson, Loya, Ruud & Romo, Robert Fried , Thomas A. Lenz and Elizabeth P. Lind for Associated Builders and Contractors of California as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

California's Labor Code requires that certain kinds of jobs performed on a public works project be compensated at a per diem rate no less than the prevailing wage paid in the area where the work is done. (Lab. Code,1 § 1771.) The Labor Code delineates with specificity the kinds...

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