California Court of Appeal

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Small v. Superior Ct. (Brinderson Constructors, Inc.), G037041

In case involving construction employees seeking unpaid overtime wages, order declaring invalid a wage order promulgated by the California Industrial Welfare Commission is vacated where the trial court erred in concluding the wage order lacked the required adequate statement as to the basis, was not properly published, and was -unreasonable, arbitrary, capricious, and unfair.-

Appellate Information

  • Decided 02/28/2007
  • Published 02/28/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Ellyn Moscowitz and Ellyn Moscowitz, Oakland, for Petitioners., Atkinson, Andelson, Loya, Ruud & Romo, Steven D. Atkinson, Thomas W. Kovacich and Christopher S. Andre, Cerritos, for Real Party in Interest., Bill Lockyer, Attorney General, Randall P. Borcherding and Marguerite C. Stricklin, Deputy Attorneys General, for Real Party in Interest California Industrial Welfare Commission., Sidley Austin and Jeffrey A. Berman, Los Angeles, for Employers Group as Amicus Curiae on behalf of Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.