The Menken Simpson & Roger firm handles prevailing wage lawsuits for a variety of employees, including fire alarm technicians, roofers, boilermakers, masons, and workers in public facilities. The firm also offers free consultations, and aggressively pursues prevailing wage claims. Contact the firm today to schedule a consultation. You may also learn more about the various types of prevailing wage lawsuits.
Defendants in prevailing wage lawsuits
Defendants in prevailing wage lawsuit proceedings typically file motions to dismiss the plaintiffs’ first, second, and fourth causes of action on the ground that these claims fall within the exclusive purview of the Davis-Bacon Act. This act governs federally funded projects and the wage rates imposed upon those projects must comply with the Act. In addition, plaintiffs often bring claims in Federal court based on their failure to pay prevailing wages.
Despite the preemption argument, it is difficult to argue that defendants are precluded from imposing lower wages on their workers. The only way to defeat such an argument is to show that a federal statute has preempted state common law. While the statute is clear and expansive, courts are hesitant to infer preemption from this language. Thus, the plaintiffs’ arguments may be well-founded if they can show that they are not entitled to the higher wages under state law.
Justification for prevailing wage
Many states and jurisdictions have prevailing wage laws. However, the laws usually only cover a select group of government entities, such as educational institutions. Some localities have extended their coverage to more government entities. For instance, in New Jersey, the state-sponsored health care facilities financing authority is required to pay the prevailing wage for work facilitated by these government bodies. This law protects middle-class workers and levels the playing field for high-road employers.
To determine whether a prevailing wage law is valid, you can look up the average wage for private projects in the industry. This information is often already available from other sources. However, sometimes companies try to avoid paying prevailing wages out of fear that it will increase their costs. Fortunately, some research has been done and the prevailing wage law is the result of that research. Nonetheless, companies may try to get around prevailing wage laws, despite their legal benefits.
Explanation of prevailing wage determinations
Applicants for a construction permit must be paid the prevailing wage set by the National Prevailing Wage Commission (NPWC) or a regional equivalent. In case of a dispute, the prevailing wage must be determined using the data published on the Department of Labor’s official website. Applicants who object to the prevailing wage must file a written notice of objection with the Department of Labor. They must explain their objection, establish that the actual percentage of workers receiving the collectively bargained wage is less than 30%, and provide competent evidence supporting their claim.
When a prevailing wage is not paid, a contractor may be held liable for its failure to pay the required restitution or pay the proper amount of wages. A contractor who is under the Davis-Bacon Act may be liable for the Federal prevailing wage even if the contract does not mention it. An agency that funds a contract can be legally exempt from paying the prevailing wage or may merely fail to post a Davis-Bacon poster.
Enforcement of prevailing wage
Public works projects covered by prevailing wage laws must have a rate sheet from the Department of Labor Standards, and contractors must post it at the project site. In addition, contractors must submit certified payroll records to the awarding authority to prove that they are paying prevailing wages. However, if contractors do not meet the requirements of prevailing wage laws, you may file a complaint with the Attorney General’s Office. Enforcement of prevailing wage laws is often difficult and takes a lot of time, but it is possible.
The penalties for failing to comply with prevailing wage laws are steep. In addition to fines, the violations can result in termination of the contract and criminal charges. The federal government has the authority to put the name of a violator on a list so that they cannot win federal contracts for three years. Further, aggrieved employees can also file a private lawsuit against the employer, seeking multiple damages and attorneys’ fees.
