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Complete Defense Of Prevailing Wage Claim Relating To Travel Time

The California Labor Commissioner issued a Civil Wage And Penalty Assessment (“CWPA”) against the firm’s client for alleged unpaid travel and subsistence amounts in connection with work on a school project in San Bernardino, California.  The potential liability under the CWPA was over $108,000.00, including liquidated damages.

In response to the CWPA, our firm immediately initiated the administrative appeal process under California’s Prevailing Wage Law by filing a request for review hearing and a demand for the Labor Commissioner’s investigatory file.  We uncovered mistake after mistake by the Labor Commissioner’s investigation, rendering the CWPA inaccurate.  We convinced the Labor Commissioner that our client had complied with the law in all respects.  As a result, the Labor Commissioner fully released our client – and the entire CWPA – at the earliest stage in the case, without requiring our client to pay anything, and before our client was required to go to a Department of Industrial Relations hearing.

Counsel: Chad T. Wishchuk

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