Employers must comply with both federal and state laws governing the payment of prevailing wages. The laws governing prevailing wages are complex; and thus in many cases the facts concerning job duties and descriptions may be more important in determining the applicable wage than the job title.
Employees on public works projects, except those who perform strictly supervisory functions, must be paid a minimum hourly rate set by the Department of Labor and Workforce Development, Division of Occupational Safety (DOS). Prevailing wage rates are set by DOS based upon the rates established in local collective bargaining contracts. DOS also determines whether the prevailing wage applies to a given public works project. The law requires that contractors post prevailing wage rates in a conspicuous place on all public construction sites. Prevailing wage rates are set for each individual project. Employers are allowed to include any contributions to health insurance premiums or pension plans in the prevailing rate.
How We Help
As experienced employment law attorneys, we have the proven skill and experience to successfully pursue actions on behalf of employees for prevailing wage violations. Any failure to pay the prevailing wage rate, if proven, entitles the successful employee to three-times the unpaid wages plus reimbursement of reasonable attorneys’ fees.