The California Supreme Court recently issued an opinion addressing whether belt sorting qualified as “public works” under California’s Labor Code (CLC). According to the record, the Los Angeles County Sanitation District (District) and a neighboring Recycling and Transfer facility operate the county’s transfer and disposal of trash. The defendant in this matter is a staffing agency that provides belt sorting workers to staff the two facilities. The defendant supervised the workers, who were not considered employees of the District. The plaintiffs filed a lawsuit against the defendant, alleging, amongst several issues, the company’s failure to abide by employment and wage law under section 1720(a)(2) of the CLC. In response, the defendants argued that the statute does not cover the District or the plaintiffs’ work. The trial court granted the motion, and the appeals court reversed the ruling.
California’s wage law works to “protect and benefit” those working on public works projects. From a public policy perspective, the law works to protect employees from substandard wages, allow union contractors to compete with nonunion contractors, and compensate nonpublic employees with higher wages to address the lack of job security and benefits they do not enjoy.
Under CLC, employers must provide prevailing wages to anyone “employed on public works”, including those working under a contractor or subcontractor on a project for public work. Section (a)(1) defines “public works’ to include construction, alteration, demolition, installation or repair work. Section (a)(2) further explains that public work is work done for “irrigation, utility, reclamation” and District improvement.