Debarment Overturned in Prevailing Wage Case

A man appealed a “debarment” decision from the State of California’s Department of Industrial Relations, Division of Labor Standards Enforcement (DLSE). The decision would have prevented the appellant and his company from bidding or working on public works construction projects for a year. The trial court decided there was no credible evidence to support intent to defraud, and granted Pacific’s petition for writ of administrative mandate. The DLSE appealed, arguing that there was in fact substantial evidence to support the finding of intent to defraud. The Fifth District Court of appeals reversed the lower court’s decision on March 18, 2013, siding with the DLSE’s opinion that the “substantial evidence” standard of proof had been used. Ayodeji A. Ogundare v. Department of Industrial Relations, Division of Labor Standards Enforcement.

2017-03-02T21:50:51+00:00 March 26th, 2013|General Labor Law|