California Supreme Court Watch

Apr 22, 2019
#19-27 Mendoza v. Fonseca McElroy Grinding Co., Inc., S253574. (9th Cir. No. 17- 15221; 913 F.3d 911; Northern District of California No. No. 3:15-cv-05143-WHO.)

#19-27 Mendoza v. Fonseca McElroy Grinding Co., Inc., S253574. (9th Cir. No. 17- 15221; 913 F.3d 911; Northern District of California No. No. 3:15-cv-05143-WHO.) Request under California Rules of Court rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Is operating engineers’ offsite ‘mobilization work’ — including the transportation to and from a public works site of roadwork grinding equipment — performed ‘in the execution of [a] public work’ (Cal. Lab. Code, § 1772), such that it entitles workers to ‘not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed’ pursuant to section 1771 of the California Labor Code?”

Request for Certification Granted: 03/13/2019

See the Ninth Circuit Court of Appeals Order.