The Current State of the Law

Under California Prevailing Wage Law, subject to certain limited exceptions, all workers employed on public works projects must be paid the prevailing wage rate applicable to the type of work and location of the project. The Director of the California Department of Industrial Relations (“DIR”) determines which rates apply to each classification of worker on public works projects based on local collective bargaining agreements.

The DIR also has the authority to determine coverage of projects or types of work under the Prevailing Wage Law. See Labor Code Section 1773.5.  Regarding street sweeping work in particular, the DIR has issued several coverage determinations over the last 30 years, the majority of which have determined street sweeping to be covered under the Prevailing Wage Law. 

Most recently, in October 2021, the DIR issued a coverage determination finding that the street sweeping maintenance project for the City of Elk Grove was public work and should have been subject to prevailing wages. In doing so, the DIR concluded that a 2005 DIR determination which found that street sweeping work for the City of Santa Clarita was not entitled to prevailing wage, was no longer the correct interpretation of the law.  

Based on the developments in the Prevailing Wage Law and through updated coverage determinations issued by the DIR, the attorneys at Pelton Graham agree with the DIR that street sweeping work for public entities falls squarely within the definition of public works and should be paid at prevailing wages. 

Current Litigation Against Sweeping Corporation of America

Based on the current state of the law (discussed above), current and former street sweeper operators have sought to enforce their right to be paid prevailing wages for their work on public works projects. Pelton Graham represents such workers in a case currently pending against the nation’s largest municipal street sweeping company, Sweeping Corporation of America (SCA). The lawsuit also includes former employees of WSSH CSS, LLC f/k/a Contract Sweeping Services, LLC (“Contract Sweeping”), previously the largest street sweeping company in Northern California, which SCA acquired in February 2022. 

The case seeks unpaid prevailing wages for street sweepers working on public projects from February 2019 through the present and is currently pending in the Superior Court for Santa Clara County, Case No. 23CV410973. 

Understanding Prevailing Wages in California

California’s Prevailing Wage Law has existed since the 1930s and has expanded significantly in recent years, making California’s prevailing wage requirements among the most comprehensive in the country. These laws require that workers employed on “public works” projects be paid not less than the general prevailing rate of wages applicable to their trade or craft.

Prevailing wages are hourly rates established by the government to ensure workers on publicly-funded projects receive fair compensation comparable to union rates for similar work. These rates consist of a “base” wage and a “supplement” intended to cover retirement, health care, and other employee benefits. 

How Much Could You Be Owed?

The difference between standard wages and prevailing wages can be substantial. Depending on your specific situation, the hours you’ve worked, and how long you’ve been employed as a street sweeper on public works projects, you could be entitled to significant back pay.

Common prevailing wage violations affecting street sweepers and other workers include:

• Misclassification

  Contractors often misclassify workers to avoid paying the correct prevailing wage rate for their actual job duties. For street sweepers, this might mean being classified under a lower-paying category than what your work legally requires.

• Unpaid Hours

  Many employers fail to pay for all hours worked, including time spent traveling between a company yard and job sites, loading equipment, or performing pre- and post-shift duties. These hours should all be compensated at prevailing wage rates when related to public works projects.

• Missing Benefits

  Prevailing wage rates include required fringe benefits or payments in lieu of benefits. Many employers fail to provide these required benefit payments, effectively reducing your total compensation below legal requirements.

• Kickback Schemes

  Some contractors illegally require workers to return a portion of their wages, effectively reducing their pay below prevailing rates.

Benefits of Pursuing a Prevailing Wage Claim

Taking action on unpaid prevailing wages can result in substantial benefits for street sweepers:

• Recovery of unpaid wages that are rightfully yours under California law may amount to tens of thousands of dollars in back pay, depending on how long you’ve worked and the difference between what you were paid and what you should have received.
• Interest accumulates on unpaid wages, increasing the potential recovery amount the longer the violation has continued.
• In addition to recovering your unpaid wages, California law provides for penalties against employers who violate prevailing wage requirements, which can further increase your potential recovery.
• Your claim can help establish accountability in the industry and potentially benefit other street sweepers facing similar wage violations throughout California.

How to Move Forward With Your Claim

If you believe you may be owed prevailing wages as a street sweeper in California, the process to seek justice is straightforward:

• Free Consultation: Contact Pelton Graham for a free, confidential consultation about your specific situation. Our attorneys have extensive experience with prevailing wage cases in California and can evaluate whether you have a valid claim.

• No Upfront Costs: Pelton Graham operates on a contingency fee basis, which means you pay nothing unless we recover money for you. We only get paid if you get paid, so there’s no financial risk to pursuing your rightful wages.

• Experienced Representation: Our attorneys understand the complexities of California’s prevailing wage laws and have successfully recovered millions for workers in similar situations. Recent successes include $3.1 million for technicians denied proper prevailing wages and $1 million for construction workers owed prevailing wages.

Time Limitations

California law limits the time you have to file a claim for unpaid prevailing wages. For most prevailing wage claims, you must file within three years, though some claims must be filed within 18 months of a project’s completion. Don’t delay in seeking legal advice about your potential claim.

Contact Us Today

If you’ve worked as a street sweeper on public roads in California within the past four years, you may be entitled to significant unpaid wages. Don’t leave your hard-earned money on the table.

Contact Pelton Graham today for a free consultation by phone at (415) 437-9100 or through our website. Our team is ready to help you understand your rights and fight for the compensation you deserve.

As we frequently tell our clients: “Workers’ Rights are Human Rights.” Let us help you secure the fair compensation the law requires for your valuable work keeping California’s streets and communities clean.