Small

Petitioners Larry Small, John Nelson, Kenneth Charles, Glen Cardogan, Theonhilius Thomas, Michael Gittens, and Maurice Briscoe seek extraordinary relief from the trial court’s order declaring invalid a wage order promulgated by the California Industrial Welfare Commission (IWC). The wage order regulates the hours, wages, and working conditions of California employees engaged in onsite construction, drilling, logging, and certain mining occupations. The trial court declared the wage order invalid because it was not accompanied by a sufficient statement of the basis, was not properly published, and contained an unworkable definition- of “given craft,” which made the order unreasonable, arbitrary, capricious, and unfair. We disagree and grant the petition.

BACKGROUND

In 1999, the Legislature enacted Assembly Bill No. 60 (1999-2000 Reg. Sess.) (Assembly Bill 60) (Stats. 1999, ch. 134), known as the “Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999.” (Lab. Code, § 500 et seq; all statutory references are to this code unless otherwise indicated.) Assembly Bill 60 restored the eight-hour workday and mandated overtime pay for all nonexempt employees in all…