SMALL v. SUPERIORCOURTOFORANGECOUNTY
Industrial Welfare Commission Wage Order No. 16 2001, which sets forth wages, hours and working conditions for employees in the on site construction industry and other occupations consistent with the terms of the Eight Hour Day Restoration and Workplace Flexibility Act of 1999, including regulations regarding elections to adopt and repeal alternative workweek schedules, is a valid exercise of the authority granted the commission under the act. Trial court's finding that wage order was "unreasonable, arbitrary, capricious and unfair" was an abuse of discretion where order was recommended by the statutorily required two-thirds majority of wage board made up of labor and management representatives and was not found by IWC to be unsupported by substantial evidence.
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