Referring to the failure to comply with prevailing wage requirements as “wage theft,” the California Labor Commissioner recently cracked down on two public works construction contractors for their alleged failure to comply with California’s prevailing wage laws by assessing wage and penalty assessments in excess of $1 million dollars.
The employers were cited for some of the following violations: (1) unlawfully charging fees for fringe benefits; (2) intentionally paying workers less than the prevailing wage for work performed on the project; (3) failing to pay daily overtime; (4) failing to make employer payments to a benefit program; (5) failing to pay Saturday and Sunday premium rates; and (6) failing to pay into a state-approved training program for the California Apprenticeship Counsel.
One of the construction contractors cited for violations claims that it hired a prevailing wage consulting company to ensure that it met all regulations and properly trained its staff to comply with prevailing wage rates and fringe benefits. This company believes that it has the back-up to prove that the fine is inaccurate and that it can demonstrate why its payroll records are correct.
Lesson for Contractors: Employers should strive to ensure that they are fully complying with their state’s prevailing wage laws. The attorneys at Harmon & Davies are here to assist Pennsylvania employers with prevailing wage compliance issues.
This article is authored by attorney Shannon O. Young and is intended for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice. Any particular questions should be directed to your legal counsel or, if you do not have one, please feel free to contact us.
