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Cal. Labor Code § 1770 (2026)

✓ current as of May 2026
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The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773, and the director’s determination in the matter shall be final except as provided in Section 1773.4. Nothing in this article, however, shall prohibit the payment of more than the general prevailing rate of wages to any worker employed on public work. This chapter does not permit any overtime work in violation of Article 3.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1969–2026 · leading case: Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992).
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Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992). · cites it 2× “) The public entity awarding a public works contract, "or otherwise undertaking any public work," is required to obtain the prevailing wage rate from the Director and to provide notice of the rates in its call for bids, bid specifications, and contract, either by reciting the…”
Interpipe Contracting, Inc. v. Xavier Becerra, 898 F.3d 879 (9th Cir. 2018). “Because we conclude that ABC-CCC lacks standing to press its equal protection claim, and because we hold that SB 954 is neither preempted by the NLRA nor infringes ABC-CCC’s First Amendment rights, we affirm the district court’s judgment dismissing Appellants’ action.”
State Bldg. & Constr. Trades Council v. City of Vista, 19 Wage & Hour Cas.2d (BNA) 395 (Cal. 2012). · cites it 2× “587), the wage levels mandated by that law are no longer set by the local body awarding the contract but by the Director of the Department of Industrial Relations, and under the amended law, these mandatory wage levels reflect regional rather than simply local interests (Lab.”
Frank Bros., Inc. v. Wisconsin Dep't of Transp., Frank Busalacchi, Sec'y, & Marilyn Kuick, Chief Eeo/labor Compliance, 409 F.3d 880 (7th Cir. 2005). “§§ 22-9-301 , 22-9-303 (Arkansas); Cal. Lab. Code §§ 1770 , 1720.3 (California); Conn.”
Kim v. Regents of Univ. of California, 95 Cal. Rptr. 2d 10 (Cal. Ct. App. 2000). “2d 703 ] (Aubry), the reviewing court held that the constitutional exemption from state regulation allowed the Regents to ignore the prevailing wage law (Lab. Code, § 1770 et seq.) with respect to private contractors building subsidized married, faculty and staff housing for the…”
Bishop v. City of San Jose, 460 P.2d 137 (Cal. 1969). “*60 Plaintiff contends that from 1958 to 1966 defendant city unlawfully failed to pay its electricians the prevailing rate of per diem wages for work of a similar character, pursuant to the prevailing wage law (Lab. Code, § 1770 et seq.), and also failed to seek competitive bids…”
Greystone Homes, Inc. v. Cake, 11 Wage & Hour Cas.2d (BNA) 268 (Cal. Ct. App. 2005). “(Lab. Code, § 1770.) When the DDA was executed, “public works” was defined as “[cjonstruction, alteration, demolition, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to…”
O. G. Sansone Co. v. Dep't of Transp., 55 Cal. App. 3d 434 (Cal. Ct. App. 1976). “ractor shall forfeit as a penalty to the State of California, $25 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by…”
Associated Builders & Contractors, Golden Gate Chapter Inc. v. Baca, 769 F. Supp. 1537 (N.D. Cal. 1991). “Briefly summarized, in order to receive a permit a builder must either: (1) post a bond guaranteeing timely completion; or (2) agree to pay the general prevailing per diem wages (as determined by the California Department of Industrial and Labor Relations pursuant to California…”
Regents of the Univ. of California v. Aubry, 96 Cal. Daily Op. Serv. 926 (Cal. Ct. App. 1996). · cites it 2× “UC believed it could do so because the projects involved internal UC policy and the prevailing wage law (Lab. Code, § 1770 et seq.) was not of statewide concern.”
Gomez v. Rossi Concrete, Inc., 270 F.R.D. 579 (S.D. Cal. 2010). “Cal. Lab.Code § 1770. The DIR issues prevailing wages for each type of worker.”
Vial v. City of San Diego, 25 Wage & Hour Cas. (BNA) 786 (Cal. Ct. App. 1981). “Quillin, appeal an order denying their petition for a writ of mandate to compel the City of San Diego to comply with the state prevailing wage law (Lab. Code, § 1770 et seq.). In June 1977, the City Council of San Diego, a chartered city, established a prevailing wage schedule…”
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