Scott K. Dauscher

Dauscher never intended to practice law. He started out in human resources, working with attorneys on employment issues. He pursued a law degree to better understand workplace issues from the attorney’s perspective. But after graduating from Loyola Law School, he joined AALRR and never looked back. That was almost 20 years ago.

Today Dauscher is chair of the firm’s commercial and complex litigation practice group, as well as chair of the firm’s class action defense group. He is one of just a handful of lawyers in California who have litigated a wage and hour class action through trial.

Earlier this year, Dauscher won a California Supreme Court employment law decision of first impression, which held that losing bidders for public works contracts could not litigate over whether the winning bidder complied with prevailing wage laws. Roy Allan Slurry Seal Inc. et al. v. American Asphalt South Inc., 2 Cal.5th 505 (Cal. 2017).

In the case, contractors Roy Allan and Doug Martin lost a number of public works contracts to defendant American Asphalt South Inc. The contractors alleged that American Asphalt was only able to outbid them, and other bidders, by paying its workers less than prevailing wages and denying overtime compensation to its workers.

Plaintiffs filed five separate lawsuits in five counties, with conflicting rulings. The court of appeal held that plaintiffs had stated a claim for intentional interference with prospective economic advantage. The California Supreme Court reversed the court of appeal and unanimously agreed with Dauscher’s interpretation of the law, that this type of allegation did not support a claim.

“There was a concern that if it was allowed to go forward, it would increase the cost of the public works construction process,” Dauscher said. “Not only did we have our client’s interest at stake, but public entities and other companies as well.”

Many of the partner’s regular clients are in the construction industry, including Millennium Reinforcing, Total-Western Inc., Badger Daylighting Ltd., and Irish Construction Co.

Dauscher is a board member of the American Red Cross, Greater Long Beach Chapter. He has been involved with the organization since 2014, and said it’s a way for him to connect with other community leaders and volunteer.

— Jennifer Chung Klam