Summary: The prevailing wage is the minimum wage a company should pay its construction workers when working on government projects. If you are a construction worker facing prevailing wage violations, an attorney can step in to assert your right to compensation. Call now for legal help.
Under prevailing wage laws, construction workers who are assigned to public projects must be paid according to certain wage requirements. Contractors and subcontractors engaged in projects that fall under prevailing wage laws must comply with these provisions when paying construction workers, or they may be violating federal law.
If you work in construction and you are not being paid the prevailing wage for your area or locality, you should speak with a lawyer who can help you understand your legal rights and options. An experienced unpaid wages attorney can help you file a claim for underpaid prevailing wages and work tirelessly to ensure you receive the compensation you are legally entitled to.
Understanding Prevailing Wage Laws and Claims
Prevailing wage provisions are outlined in the Davis-Bacon Act, a federal law established in 1931. This law requires contractors and subcontractors to pay laborers the prevailing wage as well as fringe benefits for federally funded construction projects.
Various states have also enacted prevailing wage requirements for construction projects that receive funding from municipal or state endeavors. Together, federal and state prevailing wage laws cover a wide range of trades involved in the construction of public works, including:
- Carpenters
- Plumbers
- Electricians
- Maintenance workers
- Painters
- Repair workers
- Demolition workers
These rules are reflective of local wage conditions. There are also different prevailing wage schedules based on the area where the employee works and their specific work classification.
Any construction worker engaged in a public works project who is not paid according to the proper prevailing wage rate may be entitled to file a compensation claim. Compensation may be available for the full amount of underpayment along with interest.
Common Prevailing Wage Violations
Construction companies—including contractors and subcontractors—are required to maintain thorough payroll records that feature pay rates and daily work hours. Qualifying employees must be paid the prevailing wage regardless of whether or not they belong to a union.
The prevailing wage is typically the hourly rate the construction worker or other public works employee should be compensated based on:
- The type of work they are performing
- Their worker classification
Prevailing wage violations can occur in a variety of ways, such as:
- Failure to pay overtime
- Paying less than the prevailing wage rate
- Failing to provide required benefits like fringe benefits
- Misclassifying workers to reduce prevailing wage obligations
- Keeping false financial records
- Paying employees with cash
- Failing to provide required rest periods
- Failing to compensate employees for their time spent traveling for work
When your employer is neglecting to compensate you with the prevailing wage for your role on a construction project, you can seek compensation. Recoverable compensation could be based on the standard hourly rate you were deprived of and the fringe benefits you lost.
Contact an Attorney About Recovering Unpaid Wages as a Construction Worker
If your employer is not paying you the prevailing wage for a government-funded project, you do not have to pursue unpaid wages alone. Our experienced lawyers understand how to navigate the legal system and employment laws that apply to these cases.
When an employer fails to play by the guidelines, you have the right to take legal action and file a claim for compensation. Do not hesitate to take advantage of our free, confidential review to learn how we can help. Submit your information via our contact form or the online chat to get started.
