You were previously advised that the United States District Court had granted a Motion for Summary Judgment brought by a group of ready mix concrete companies who had filed suit challenging the constitutionality of AB 219, which applies prevailing wage requirements to concrete hauling and delivery. The District Court issued a permanent injunction blocking the enforcement of AB 219 in connection with the granting of the Summary Judgment.
The Department of Industrial Relations appealed the Judgment to the Ninth Circuit Court of Appeals, and concurrently requested a stay on the injunction blocking the Labor Commissioner’s enforcement of AB 219. On April 19, 2017, the Ninth Circuit granted the stay as requested by the Labor Commissioner. Therefore, until the Ninth Circuit Court of Appeals issues its ruling on the appeal, the DIR will be enforcing all prevailing wage requirements of AB 219. The appeal could take more than a year to resolve.
Pending the decision from the Ninth Circuit Court of Appeals, all contractors should insist on receiving certified payroll records establishing that proper prevailing wages have been paid to the drivers of concrete trucks and other delivery trucks in connection with the hauling and delivery of ready mix concrete on all prevailing wage jobs.