Truxell & Valentino Landscape v. Baker
Appellant Truxell & Valentino Landscape Development, Inc. (Truxell), removed and replaced landscaping at Clovis West High School. The job included the construction of a large paved area with cement walkways and cement seating areas. Truxell paid its employees at the prevailing wage rate for landscape workers for the entire job. Respondents and Real Party in Interest Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE), issued a wage-and-penalty assessment, finding that the workers who performed the cement work were misclassified and should have been paid the prevailing wage for cement masons. The assessment included the difference in wages plus penalties.
After a hearing, respondent Director of the Department of Industrial Relations (Director)[1] modified and affirmed the wage assessment, imposed liquidated damages, and remanded the case to the DLSE for a redetermination of the penalties. The DLSE redetermined the amount of the penalties, and Truxell did not request review by the Director. Truxell filed a petition for a writ of mandate in the superior court seeking reversal of all the relief ordered. The court denied the petition.
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