Prevailing Wage

We are well known for our high marks in representing clients in labor law related matters, and our experience includes wage laws affecting employees working on public works projects or pursuant to contracts with governmental entities. These laws include:

  • the Davis-Bacon and related Acts, which require payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction;
  • the Service Contract Act, which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the federal government;
  • the Contract Work Hours and Safety Standards Act, which sets overtime standards for most federal service contracts, federally funded construction contracts, and federal supply contracts over $100,000; and
  • the Walsh-Healey Public Contracts Act, which requires payment of minimum wage rates and overtime pay on federal contracts to manufacture or provide goods to the federal government.

Practice Highlights

With respect to prevailing wage and overtime standard laws for employees, our experience includes providing advice and litigating class and collective actions involving:

  • the misclassification of laborers and mechanics;
  • the failure to pay full prevailing wage, including fringe benefits, for all hours worked (including overtime hours);
  • the failure to make timely payment of wages or fringe benefits;
  • inadequate record keeping, such as not counting all hours worked or not recording hours worked by an individual in two or more classifications during a day;
  • the failure to maintain bona fide apprenticeship program and individual registration documents for apprentices;
  • the failure to submit certified payrolls weekly; and
  • the failure to post applicable wage determination.