Truck Drivers Not Entitled to Prevailing Wage For Hauling From Public Works Projects

The California Prevailing Wage Law mandates the payment of prevailing wages to workers employed in the execution of a contract for public works. Labor Code § 1771. In Williams v. SnSands Corporation (2007) __ Cal.App.4th __, Fred H. Williams, an employee truck driver for S&S Trucking (SnSands Corporation), sued for unpaid wages for hauling materials to, and off-hauling materials from, a public works construction project. The trial court applied prevailing wage standards and awarded Williams $76,853.27 in prevailing wages for his off-hauling work. The Court of Appeal reversed.

S&S Trucking’s off-hauling of the generic materials to a locale bearing no relation to the public works project site, as described in the two scenarios, was no more an integral part of the process of the public works project than the delivery of generic materials to the public works site by a bona fide material supplier. In the absence of evidence that, either by contract or custom, the off-hauling described in scenarios C and D was “‘an integrated aspect of the “flow” process of construction,’” (Sansone, supra, 55 Cal.App.3d at p. 444, quoting Green, 12 supra, 128 N.W.2d at p. 7), the prevailing wage statute was not applicable to the offhauling performed by Williams.

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Comments

[bill anselm]

if I work on a prevailing wage job for 2 hour only and at the end of the day I work a total of 12 hours.10 hours on a non-prevailing job that day. what percent % do I have to pay on a prevailing wage job if any time.