The Department of Industrial Relations (DIR) has appealed the preliminary injunction ordered by the U.S. District Court for the Central District of California. The order temporarily prohibits DIR and the Labor Commissioner from enforcing new prevailing wage requirements on the delivery of ready-mix concrete to public works projects (AB 219) and is not a final decision by the Court.
In its appeal, DIR will seek a stay of the preliminary injunction. If the injunction is stayed, and DIR is successful on appeal, the department intends to enforce all prevailing wage requirements from AB 219’s effective date of July 1, 2016, to the full extent allowed by law. Contractors and subcontractors should also be aware that if they choose not to pay prevailing wages to workers on public works projects, they may still be subject to claims for unpaid wages and penalties by parties who are not subject to the injunction. You should consult with your attorney if you have any questions.
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