Opinion
S253574
08-16-2021
MENDOZA (LEOPOLDO PENA) v. FONSECA McELROY GRINDING CO., INC.
Opinion filed
We answer the Ninth Circuit's question as follows. Section 1772 does not expand the categories of public work that trigger the obligation to pay at least the prevailing wage under section 1771. Here there is no contention that mobilization qualifies as defined “public work.” Under the circumstances, section 1772 does not provide a basis for requiring plaintiffs to be paid the prevailing wage for that work.
Majority Opinion by Corrigan, J.
-- joined by Cantil-Sakauye, C. J., Kruger, Groban, and Jenkins, JJ.
Dissenting Opinion by Cuéllar, J.
-- joined by Liu, J.