INTRODUCTION TO CALIFORNIA PREVAILING WAGE LAW

I. WHEN PREVAILING WAGE APPLIES

A. CONSTRUCTION JOBS WHICH ARE PERFORMED ON THE SITE OF A GOVERNMENT PROPERTY

1. TYPICAL LOCATIONS INCLUDE: SCHOOLS, COURT HOUSES, STATE OFFICES, MILITARY BASES, HOSPITALS

2. 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

1. 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

1. EXPERTS

2. JURY TRIAL OR JUDGE TRIAL – OPEN DISCUSSION 5-10 MINUTES

3. 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 jobsite, 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 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