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Bombardier Transp. (Holdings) USA, Inc. v. Nev. Labor Comm'r

NEVJanuary 17, 2019No. No. 71101Cited 3 times
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Case Details

Judge(s)
Hardesty
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.

Outcome

The Nevada Supreme Court affirmed the Labor Commissioner's determination that repair work comprising 20% of Bombardier's maintenance contract for an airport shuttle system constitutes public work subject to prevailing wage requirements, rejecting Bombardier's arguments that the contract was primarily maintenance and therefore exempt.

What This Ruling Means

# Bombardier Transportation v. Nevada Labor Commissioner **What Happened** Bombardier Transportation had a contract to maintain an airport shuttle system in Nevada. The company performed both routine maintenance work and repair work. Bombardier argued that since maintenance made up most of the contract, it didn't have to pay workers the required prevailing wage (the standard wage set for public projects). Nevada's Labor Commissioner disagreed and said the repair work portion triggered prevailing wage requirements. **What the Court Decided** The Nevada Supreme Court sided with the Labor Commissioner. The court ruled that repair work making up 20% of the contract was substantial enough to require prevailing wage payments, even though maintenance was the primary focus. The company couldn't avoid paying prevailing wages by mixing repair work with maintenance work. **Why This Matters for Workers** This ruling protects workers on public projects. It prevents employers from dodging prevailing wage requirements by breaking up work into different categories. Even if repairs are a smaller part of a contract, workers performing that work must receive the established prevailing wage, ensuring fair compensation on publicly-funded projects.

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

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