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Superior Asphalt & Concrete Co. v. Department of Labor & Industries

Wash. Ct. App.June 21, 2002No. No. 27044-7-IICited 46 times
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Case Details

Judge(s)
Houghton
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wage Theft

Outcome

The Washington Court of Appeals affirmed the Department of Labor & Industries' findings that Superior Asphalt and Western States violated the prevailing wage act by failing to pay prevailing wages to truck drivers for loading time and drive time on public works projects.

What This Ruling Means

**What Happened** Superior Asphalt and Concrete Company and Western States Asphalt Company were working on public construction projects in Washington state. The state's Department of Labor & Industries investigated and found that both companies had violated prevailing wage laws. Specifically, they failed to pay truck drivers the required higher wages for time spent loading materials and driving to job sites during public works projects. The companies challenged this decision in court, arguing they shouldn't have to pay prevailing wages for these activities. **What the Court Decided** The Washington Court of Appeals sided with the Department of Labor & Industries. The court affirmed that the companies did violate prevailing wage laws by underpaying their truck drivers for loading and drive time on public works projects. **Why This Matters for Workers** This ruling strengthens protections for workers on government-funded construction projects. It confirms that when companies work on public projects, they must pay prevailing wages (typically higher than regular wages) not just for obvious construction work, but also for related activities like loading materials and driving to the worksite. This decision helps ensure workers receive full compensation they're entitled to under prevailing wage laws.

This summary was generated to explain the ruling in plain English and is not legal advice.

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