# Unpaid Prevailing Wage Lawyer for Construction Work to Sue > Find out when California prevailing wage applies and sue for unpaid prevailing wages regular rate, overtime, meal breaks Source: https://bakersfieldlaborattorney.com/california-prevailing-wage-law/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Kern County, California. Phone: (661) 412-9600 (calling is the fastest way to reach the legal team) Office: 5401 Business Park S, #214, Bakersfield, CA 93309 Contact form: https://bakersfieldlaborattorney.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- ## I. WHEN PREVAILING WAGE APPLIES A. CONSTRUCTION JOBS WHICH ARE PERFORMED ON THE SITE OF A GOVERNMENT PROPERTY - TYPICAL LOCATIONS INCLUDE: SCHOOLS, COURT HOUSES, STATE OFFICES, MILITARY BASES, HOSPITALS - IS WORK DONE FOR A CHARTER CITY SUBJECT TO PREVAILING WAGE? B. CONTRACT MUST BE $1,000 OR MORE C. CONTRACT MUST BE FOR ALTERATION, DEMOLITION, CONSTRUCTION OR REPAIR OF A PUBLIC PROPERTY D. CALIFORNIA LABOR CODE PROVISIONS RELATING TO PREVAILING WAGE ## II. RESPONSIBILITY OVER PREVAILING WAGES BELONGS TO BOTH GENERAL CONTRACTOR AND ALL SUB-CONTRACTORS ## III. PER DIEM RATE SHEETS A. THEY SHOULD ALWAYS BE AVAILABLE TO EMPLOYEES AND IN THE POSSESSION OF ALL PAYROLL PERSONNEL ## IV. PER DIEM RATES A. DEPENDS ON THE JOB PERFORMED JOB CLASS DO NOT ASSUME RATES ALWAYS THE SAME B. DURING PRE-JOB CONFERENCES WITH THE GENERAL CONTRACTOR MUST BE DISCLOSED C. MAY INCLUDE HOLIDAY PAY D. EMPLOYER PAYMENTS FOR HEALTH INSURANCE, PENSION, VACATION PAY, SUBSISTENCE, AND APPRENTICE PAY IS EFFECTED Y PREVAILING WAGE E. OVERTIME & DOUBLE TIME IS PAID AT PREVAILING WAGE ## V. PAYROLL CERTIFICATIONS A. CAUSING EMPLOYEES TO FALSLY SIGN THEY RECEIVED PREVAILING WAGE IS WRONG - MANY CASES INVOLVE EMPLOYEE SIGNATURES BEING FORGED B. MISREPRESENTATIONS ABOUT THE TRADE THE EMPLOYEE IS IN C. FAILING TO DISCLOSE EMPLOYEES ARE WORKING ON THE PREVAILING WAGE JOB ## VI. DIFFICULT LEGAL QUESTIONS RELATING TO CALIFORNIA PREVAILING WAGE A. IS WORK DONE IN THE EMPLOYER'S SHOP IN PREPARATION FOR INSTALLATION ON A PREVAILING WAGE JOB TO BE PAID AS PREVAILING WAGE? B. OPEN DISCUSSION FOR 5-10 MINUTES ## VII. FEDERAL PREVAILING WAGE A. DAVIS-BACON & RELATED ACTS B. SERVICE CONTRACT ACT C. STATUTORY REFERENCES TO BE IN HANDOUT & DEPARTMENT OF LABOR MATERIALS D. EXAMPLES OF FEDERAL PREVAILING WAGE CONTRACTORS E. DIFFERENCES AND SIMILARITIES BETWEEN FEDERAL PREVAILING WAGE LAW AND CALIFORNIA ## VIII. HOW TO TRY A PREVAILING WAGE CASE A. PRESENTATION OF PAYROLL CALCULATIONS, HOURS WORKED - EXPERTS - JURY TRIAL OR JUDGE TRIAL - OPEN DISCUSSION 5-10 MINUTES - TOO MANY, TOO FEW, OR INADMISSIBLE DEMONSTRATIVE EVIDENCE OTHER EXHIBITS Our recent Prevailing Wage Case results include: - $350,000 class action settlement for unpaid prevailing wage - $200,000 settlement to two employees not properly paid prevailing wage ### NOT PAID PREVAILING WAGE? If you were or are a construction worker on a prevailing wage job-site, but were not paid prevailing wage we are here to help. We are able to represent construction workers who are presently working for the employer, and those who are no longer. Prevailing wage jobsites are jobsite where the construction worker performed construction work, and include: public schools, city, county, and state buildings and parks. Fringe benefits can be included in your rate of pay in order to meet the prevailing wage rate for your particular trade. Depending on the rate determination, you may also be entitled to overtime at a prevailing wage rate. Many prevailing wage rates are published on the official website of the California Department of Industrial Relations (DIR). It is important that the published rate be for the county in which you performed the work. If it is not, there are things a private employment lawyer can do to help. CALL [(661) 412-9600](tel:6614129600) TO GET YOUR PREVAILING WAGE LAWSUIT STARTED. WE HANDLE PREVAILING WAGE LAWSUITS FOR GROUP OF 10 PEOPLE OR MORE SUING INDIVIDUALLY AS WELL AS CLASS ACTIONS AND PAGA ACTIONS ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Kern County We have proudly served all of Kern County since 1993. Ready to discuss your case? (661) 412-9600 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://bakersfieldlaborattorney.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://bakersfieldlaborattorney.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://bakersfieldlaborattorney.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://bakersfieldlaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://bakersfieldlaborattorney.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://bakersfieldlaborattorney.com/whistle-blower/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. Vineyard Ave, #400, Ontario CA 91764 [(909) 663-2100](tel:9096632100) ### San Diego [SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com) 330 "A" St, #60, San Diego CA 92101 [(619) 320-3000](tel:6193203000) ### San Francisco / Bay Area [BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net) 524 Union St, #400, San Francisco CA 94133 [(877) 525-0700](tel:8775250700) ### San Jose / Silicon Valley [SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com) 111 N. Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://bakersfieldlaborattorney.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (661) 412-9600 Now](tel:6614129600)