Hagen

BACKGROUND

A. Prevailing Wage Law

Under the Prevailing Wage Law, Labor Code1 sections 1720 through 1861, workers employed under a public works contract must generally be paid “prevailing wages.” (§ 1771.) The prevailing wage is set by the Director of Industrial Relations (Director) and depends on worker classification and location. (See §§ 1770, 1773, 1773.9.) The Director also creates worker classifications, determining the scope of work for each. (See § 1773.5, subd. (a); Cal. Code Regs., tit. 8, § 16303, subd. (a).) Contractors on public works projects must pay workers the prevailing wage under the proper job classification. (See § 1774.)

Undesignated statutory references are to the Labor Code. 2 In addition, before commencing work on a contract for public works, every contractor must submit contract award information to an applicable apprenticeship program that can supply apprentices to the project. (§ 1777.5, subd. (e).) Unless an exemption applies, contractors must employ apprentices to perform one hour of work for every five hours of work performed by journeypersons in the applicable craft or trade. (§ 1777.5, subd. (i); Cal. Code Regs., tit. 8, § 230.1, subd.…