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Thursday, July 9, 2015

Henson v. C. Overaa & Company: Court Issues Decision Regarding Apprentices under Prevailing Wage Law

A quick one for the prevailing wage folks out there.

In Henson v. C. Overaa & Company (6/29/15) --- Cal.App.4th, the plaintiffs filed a class action, alleging that the defendant violated California's prevailing wage law by hiring construction craft laborer (laborer) apprentices instead of pipefitter apprentices to work on public works projects. The plaintiffs alleged that they lost wages and training as a result of this practice. The trial court granted summary judgment for the defendant, finding that the journeymen on the relevant projects were classified as laborers, and the law merely requires employers to hire apprentices who are in the same occupation as the journeymen on their projects. The plaintiffs asserted that the law requires contractors to select apprentices based not on their job title or union affiliation but the work processes on which they have been approved to train. The Court rejected this argument and affirmed the judgment for the employer.

The opinion is available here.

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