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Lusardi Construction Co. v. Dept. of Industrial Rel. (CA4/1 D081704, filed 5/28/24, pub. 6/25/24) DLSE Citation

By June 25, 2024June 30th, 2024Uncategorized

Plaintiff and appellant Lusardi Construction Company’s (Lusardi) subcontractor, Pro Works Contracting Inc. (Pro Works), violated certain Labor Code provisions by failing to hire apprentices for construction of the San Marcos K-8 School Project (the Project).  Defendants and respondents Department of Industrial Relations, its director Katrina S. Hagen (the Director), and real party in interest and respondent, Division of Labor Standards Enforcement (DLSE) cited Pro Works for those violations.  Following an investigation, DLSE ordered Lusardi to pay penalties for the violations.  Lusardi’s administrative appeal was unsuccessful, and it thereafter filed a petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5, which the superior court denied.

Lusardi contends the superior court erroneously concluded that:  (1) the Director’s interpretation of former section 1777.7 subdivision (d) was proper; (2) substantial evidence supported a finding Lusardi knew of Pro Works’s violations; (3) section 1743, subdivision (a)’s joint and several liability provision applied; (4) substantial evidence supported the amount of the penalty assessed against Pro Works; and (5) Lusardi was not denied due process.  We affirm.