The prevailing wage is the standard of compensation for construction and service contracts with government and local public agencies. Prevailing wage refers to pay rates and benefits for all workers fitting these categories. When an employer violates the rules relating to prevailing wage, they violate the law.
Unpaid prevailing wage is a form of unpaid wages under federal and local laws. When you experience prevailing wage law violations, you need one of the best unpaid prevailing wage lawyers to help you get the compensation you earned and deserve. The top unpaid prevailing wage lawyers at the Derek Smith Law Group can help you fight for your rights regarding your unpaid prevailing wage claim.
The technical definition of prevailing wage is the hourly pay rate and benefits provided to similarly employed workers in a specific area. In basic English, the prevailing wage is the pay rate and required benefits for contractors’ workers when working on a government-funded project based on the average pay rate for similar jobs in a similar location. Federal prevailing wages may differ from state prevailing wages.
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Prevailing wages have several benefits to employees in a given area.
They ensure contractors on federal or government-funded contracts are provided with proper breaks and benefits to keep them safe and able to continue their work.
Prevailing wages benefit any contracted employee working on a government-funded project. Most times, prevailing wages benefit construction crews. However, it can also help service providers, such as security guards, food service workers, janitors, and other service workers who may be part of a government-funded project. If your employer refuses to offer you a prevailing wage and benefits, you have the right to demand justice for these unpaid wages. The top prevailing wage lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Franciso, and New Jersey can help.
The wage and hour laws that provide guidelines for prevailing wages are known as the Davis-Bacon Act and Service Contract Act. These laws insist that any contractors and subcontractors working on a federally funded project pay their works the local prevailing wage. The laws also recommend these workers receive benefits. Additionally, many states have their own laws regarding prevailing wages. Under these laws, the government will set the prevailing wage based on the standard or average pay of contractors in the private sector in the same area as the particular public project.
Construction work is labor-intensive. Therefore, under prevailing wage laws, employers are encouraged to pay benefits as well as a fair wage for employees and workers. Some of these benefits may include the following:
In addition, employers should provide rest and meal breaks and travel pay. They should also ensure employees never conduct work while off the clock.
When your employer does not pay you a prevailing wage, you have the right to file a claim for unpaid wages and receive back pay. Your employer should pay you the remaining of your pay to ensure you receive a prevailing wage. First, you have the right to confront your employer or HR team. Your employer cannot fire you for addressing the issue (otherwise, they would be committing retaliation and participating in wrongful termination). If your employer or HR team refuses to correct the issue, you have a right to file a claim with the Department of Labor. The top unpaid prevailing wage lawyers at the Derek Smith Law Group can help.
Unpaid prevailing wages can occur in a number of ways. Some of the common ways your employer may avoid paying you prevailing wages may include the following actions:
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The minimum wage is the lowest wage allowed by law. The minimum wage is set both federally and at the state level. However, it is not an average of all wages. It does not include provisions for benefits. It does not depend on the type of work an employee conducts.
The prevailing wage is a higher number and provides for fringe benefits. It is based on the type of work and region. Under federal law, it varies based on each individual area and the average pay for the type of project. It must equal at least as much as minimum wage. However, most times, it is higher than the minimum wage.
Both the federal law and many state laws protect workers on government-funded projects. These laws provide guidelines for prevailing wages, so these workers are not undercut simply because they are working on a public works project. When employers violate these laws, they must be held accountable. Your employer has a team of lawyers to help guide them through any legal process. Therefore, a wage and hour lawyer can help you demand justice and hold your employers accountable.
Sometimes, state laws may provide more benefits, higher prevailing wages, and higher compensation for violations. Other times, the federal law provides the best or most relevant protection for workers when dealing with unpaid prevailing wages. As a result, your wage and hour lawyer can help you determine the best court for your claim. They can ensure you receive the maximum compensation as allowed by law.
The benefit of working with a top unpaid prevailing wage lawyer is they will walk you through every step of the process. They will stand by your side and be a trusted advocate for you and your case. They will ensure you meet the timeline to file your claims, collect the needed evidence, and tell your story to help you get the justice (and compensation) you deserve.
Under federal law, employees have six years to file a claim with the Department of Justice for unpaid prevailing wages. However, each state may have its own time limit to file an employee’s unpaid prevailing wages claim.
If you have unpaid prevailing wages, you need a wage and hour lawyer you can trust. The best unpaid prevailing wage lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help. Call us today at 800.807.2209 for a free consultation.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Prevailing wages are the pay rates paid to workers for contractors and subcontractors of government-funded projects. An average of pay rates for similar positions in the general geographic area determines them. Prevailing wages also include provisions for fringe benefits.
No. Minimum wage is a standard rate of pay across the board. It is the lowest hourly pay rate allowed by law. It does not vary based on job, type of work, and geographic region. States may set separate minimum wage. However, the federal minimum wage is always the same number throughout the country. Prevailing wages are determined by the type of work, the average salaries for that type of work, and the geographical region of the contract. However, it must be higher than the minimum wage.
Federal law provides a six-year time limit to file a claim for unpaid prevailing wages.
No. You do not need a wage and hour lawyer to file an unpaid prevailing wage claim against your employer. However, working with a talented wage and hour lawyer can help you fight against your employer and the lawyers they have on their side.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
