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A federal judge in the U.S. District Court for the Southern District of California has upheld a local prevailing wage ordinance adopted by County of San Diego, rejecting a challenge brought by HP Communications, Inc. in Case No. 3:23-cv-00844. The ordinance requires that traffic control workers on certain private construction projects in San Diego County be paid prevailing wage rates comparable to those mandated on public works projects. HP argued that the measure intruded into an area governed exclusively by federal labor law, contending that wage-setting for private employers is reserved for negotiation between unions and management under the National Labor Relations Act. The court disagreed, finding that the county’s law functions as a permissible minimum labor standard rather than an unlawful interference with collective bargaining, allowing the ordinance to remain in effect and reinforcing the authority of local governments to impose wage floors tied to public policy concerns such as safety and workforce stability.
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