Wabtec defeats prevailing wage litigation in California Supreme Court

Client(s) Wabtec Corporation

In a 5-2 decision, the California Supreme Court ruled in favor of Jones Day’s client, Wabtec Corporation, concluding that publicly funded work performed on rolling stock, such as a train, is not a “public work” subject to the payment of prevailing wages. As part of a project to build a communications network to prevent train collisions, Wabtec had hired workers to furnish system components on locomotives and rail cars belonging to the Southern California Regional Rail Authority, better known as Metrolink. Contrary to the claims made in plaintiff’s class action, the court held that nothing in the Labor Code required Wabtec to pay above-market prevailing wages.

Busker v. Wabtec Corporation, No. S251135 (Cal.)