California Codes

Cal. Labor Code § 1771 (2026)

✓ current as of May 2026
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Except for public works projects of one thousand dollars ($1,000) or less, 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, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.

Notes of Decisions
Cited in 37 cases (3 in the last 5 years), 1977–2026 · leading case: California Div. of Labor Standards Enf't v. Dillingham Constr., N. A., 519 U.S. 316 (1997).
California Div. of Labor Standards Enf't v. Dillingham Constr., N. A., 519 U.S. 316 (1997). · cites it 4× “" Cal. Lab. Code Ann. § 1771 (West 1989). Under both the Davis-Bacon Act and California's prevailing wage law, public works contractors may pay less than the prevailing journeyman wage to apprentices in apprenticeship programs that meet standards promulgated under the National…”
Roy Allan Slurry Seal, Inc. v. Am. Asphalt S., Inc., 388 P.3d 800 (Cal. 2017). “First, the area is already extensively regulated. (See Lab.”
Allen Miller v. C.H. Robinson Worldwide, Inc., 976 F.3d 1016 (9th Cir. 2020). “See Cal. Lab. Code § 1771 . We reasoned that although the CPWL “in a certain sense is ‘related to’ [motor carrier] prices, routes and services .”
City of Long Beach v. Dep't of Indus. Relations, 102 P.3d 904 (Cal. 2004). · cites it 2× “II Labor Code section 1771 [1] provides that "all workers employed on public works" costing more than $1,000 must be paid "the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed.”
Amaral v. Cintas Corp. No. 2, 13 Wage & Hour Cas.2d (BNA) 1359 (Cal. Ct. App. 2008). “(Lab. Code, §§ 1771, 1774.) Although the Labor Code imposes a statutory duty to pay prevailing wages and the prevailing wage law is incorporated into public works contracts, our Supreme Court has not yet decided whether employees have a right to enforce the prevailing wage law…”
Gomez v. Rossi Concrete, Inc., 270 F.R.D. 579 (S.D. Cal. 2010). · cites it 3× “See Cal. Lab.Code § 1771 (prevailing-wage must be paid to “workers employed on public works”); Lab.”
Can-Am Plumbing, Inc. v. Nat'l Labor Relations Bd., 321 F.3d 145 (D.C. Cir. 2003). · cites it 2× “Cal. Labor Code §§ 1771 , 1773 (West 2002).”
YKA Indus., Inc. v. Redevelopment Agency of City of San Jose, 174 Cal. App. 4th 339 (Cal. Ct. App. 2009). “In that setting, Labor Code sections 1771 and 1773.2 require that every worker be paid a prevailing wage.”
Mobley v. Los Angeles Unified Sch. Dist., 7 Wage & Hour Cas.2d (BNA) 411 (Cal. Ct. App. 2001). · cites it 2× “Cal. Lab. Code § 1771 . To enforce this requirement, the body awarding the contract (‘the awarding body’) is allowed to withhold funds from a prime contractor should it determine that the contractor or one of its subcontractors has violated the prevailing wage law.”
John Busker v. Wabtec Corp., 903 F.3d 881 (9th Cir. 2018). · cites it 2× “Whether the on-board work constitutes “construction” or “installation” California Labor Code § 1771 requires that “all workers employed on public works” be paid “not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which…”
Filo Foods, LLC v. City of SeaTac, 357 P.3d 1040 (Wash. 2015). “at 1186 (alteration in original) (quoting Cal. Labor Code § 1771 ). Public works contractors sued the California agencies responsible for enforcing the CPWL, contending that the FAAA preempted the CPWL because the CPWL “related to” the contractors’ prices and services.”
Greystone Homes, Inc. v. Cake, 11 Wage & Hour Cas.2d (BNA) 268 (Cal. Ct. App. 2005). “” (Lab. Code, § 1771.) The general prevailing rate of per diem wages is determined by the Director of the DIR.”
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