Baker

Reliable Tree Experts v. Baker

Good Law
133 Cal. Rptr. 3d 186·200 Cal. App. 4th 785·2011 Cal. App. LEXIS 1395
Court of Appeal of CaliforniaOctober 7, 2011No. A128726California4,856 words

Opinion

Lead Opinion

Richman, J.

Reliable Tree Experts (Reliable) contracted with the Department of Transportation (Caltrans), a contract which called for tree pruning and removal of diseased trees along state highways. The question presented is whether Reliable was required to pay employees according to California’s Prevailing Wage Law (Lab. Code, §§ 1720-1861). 1 Caltrans and the Director of the Department of Industrial Relations (Director) decided that Reliable did have to pay the prevailing wage because the work performed was “maintenance work,” a type of work covered by section 1771 of the Prevailing Wage Law and the extensive formulation of “maintenance” set forth in a regulation promulgated by the Director. The trial court agreed, and denied Reliable’s petition for a writ of administrative mandamus to overturn the Director’s decision. We agree as well, and conclude that the Director was correct in her interpretation of section .1771 and the regulation. We reject Reliable’s argument that the work it performed under the contract does not qualify as a “public work” as defined by section 1720, the part of the Prevailing Wage Law that is the general explanation of the types of work covered. We also…

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