Fanelli, Antuzzi, Bonacorsi Painting, Inc. v. Santa Clara Unified School District

Fanelli, Antuzzi, Bonacorsi Painting, Inc. (FAB), cross-complainant below, appeals from a judgment in favor of cross-defendant Santa Clara Unified School District (District), on FAB’s cross-complaint, entered upon District’s motion for summary judgment. We conclude that District was entitled to summary judgment; accordingly we affirm.

The Labor Code requires (with exceptions not relevant here) that workers employed on public works be paid not less than “the general prevailing rate of per diem wages for work of a similar character in the locality” (Lab. Code, §§ 1771, 1774) as determined by the Director of the Department of Industrial Relations (id., § 1770; cf. id., §§ 1773, 1773.1, 1773.4). A public works contractor who pays less than the prevailing wage rates will be liable to the worker for the difference and to the public entity for a penalty; the Division of Labor Standards Enforcement (DLSE) is empowered to sue for the amounts and penalties due. (Id., § 1775.) The body awarding the contract for public work is required to call these provisions to the attention of bidders and to specify or to provide copies of the prevailing wage rates. (Id., §§ 1773.2, 1775.)

DLSE…