Fair Wages are Good for the Economy, Albany Should Pass an Expanded Prevailing Wage (NY)

March 28, 2019 | by Kevin Duncan

As the next state budget is being debated in Albany, increasing attention is being paid to the state’s prevailing wage laws. With so much misinformation out there, let’s set the record straight. Paying construction workers a middle class wage is a net positive for New York’s economy.

Specifically, the issue is how construction workers are paid for projects that receive public funds. Since 1897, projects receiving taxpayer funds are required by New York State law to pay fair wages to their workers. The problem is that developers are increasingly exploiting loopholes created by the growth of public-private projects, which blur the lines of what’s considered “public work.”

One recent example is the Chelsea assisted living facility on Long Island. The project received $15 million in public funding, but because that money came through the Brookhaven Industrial Development Agency (IDA), there was no requirement to pay workers a middle-class wage.

Legislation currently making its way through the legislature would close that loophole.

The bill,S 1947(Ramos)/A1261(Bronson), would clearly define “public work” as any large-scale project that is paid for with public funds. By ensuring that projects subsidized with public funds support middle class wages, the law will strengthen the middle class and the state’s economy.

Chances are that you’ve seen folks in the business community argue the opposing viewpoint – but when you look under the surface, those arguments tend to rely on overly simplistic or just plain inaccurate information.

Take the industry-backed argument that paying workers a middle-class wage would force costs to skyrocket and immediately put an end to all development. When a wealthy developer complains that much about paying a fair wage, you have to wonder how little they’re actually paying their workers.

As an academic, I rely on data and evidence to form a judgment. The data show that labor costs for construction projects usually amount to about 23-24 percent of the total project cost. To keep the math simple, let’s say that a prevailing wage law results in a 10 percent raise for construction workers in a given region. At most, that would increase total cost by 2.5 percent. A 2.5 percent cost can be easily offset by the efficiencies gained from paying the highly-trained workers you attract with a prevailing wage. Trained, skilled workers mean higher productivity along with fewer accidents, errors and change orders.

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Maryland SB 300 – Prevailing Wage Rates, Public Works Contracts and Suits by Employers (MD)

March 28, 2019

This bill authorizes an employee under a public work contract who is paid less than the appropriate prevailing wage to sue to recover the difference in wages paid without first filing a complaint with the Commissioner of Labor and Industry. A determination by the commissioner that a contractor is required to make restitution does not preclude the employee from a private cause of action. A contractor and subcontractor are jointly and severally liable for any violation of the subcontractor’s obligations associated with civil actions (brought either by the commissioner or the employee).

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Frostman column: Rewarding Wisconsin workers (WI)

By Caleb Frostman on Apr 2, 2019

Being a relative newcomer to politics and government, I’m astonished at how often the word “agenda” is thrown around. Listening to soundbites and reading headlines, apparently, everybody has one and they’re something to be afraid of.

From a professional communication standpoint, I just hope everyone’s agenda is neatly formatted with bulletpoints and is less than a page.

Having sifted and winnowed through what’s true from what’s false when it comes to bluster and hot air, I’ve come to interpret “agenda” as meaning a collection of values or a set of proposals that reflect, or when put into action would manifest, those values.

The values reflected by Gov. Evers’ 2019-21 budget proposals include equal opportunity, strategic investment and ensuring that all participants in Wisconsin’s workforce and economy have a fair shot at sustained economic well-being.

One of the specific proposals that most clearly articulates the values of investing wisely and providing opportunity for economic well-being is the restoration of prevailing wage in Wisconsin.

Wisconsinites have clearly stated that when their tax dollars are being used in public projects, they want the wages paid and benefits provided on those projects to stay in their community. And they want the wage to be a fair, living wage and the benefits to be family-supporting, representative of what is typical for that work in that area.

Too often, after the repeal of prevailing wage, out-of-state contractors are able to win bids on public projects by under-cutting local businesses. They pay their workers a low wage and provide inadequate benefits, while likely maintaining their top-line profi

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‘Put The Exploiters In Jail’: Wage Theft Bill Cracks Down On Employers

By Shaun Boyd
April 2, 2019 at 6:40 pm

The Colorado Fiscal Institute says more than 500,000 Colorado workers are victims of wage theft each year, losing an estimated $750 million. And right now, there’s little prosecutors can do about it.

Under current state law, wage theft is a misdemeanor, no matter if it’s $100 or $100,000. Representatives Jonathan Singer and Meg Froelich plan to change that.

“When a hard day’s work is put in, an honest day’s pay is deserved,” said Singer.

He and Froelich have introduced a bill that would align wage theft with other thefts. If it’s over $2,000, it would be a felony.

“Wage theft is perpetrated against the most vulnerable workers,” said Froelich.

It is especially common in the construction and food service industries. Jim Gleason, a carpenter, says he was a victim.

“We were getting paid every week until about the 4th or 5th week and we were informed that there wasn’t enough money to make payroll so if we didn’t mind waiting a week, we’d pay for two weeks the next week,” he said. “Well, the next week came and there was no check. It’s time we put the exploiters in jail and got the penalties that they deserve and give the wages to the people who deserve them.”

The Colorado District Attorney’s Council agrees.

“Why is it that someone should face a greater penalty for stealing your cellphone then for having your wages stolen?” asked Boulder County District Attorney Michael Dougherty. “It is the exact same offense and should be treated the same under law and until we do so we’re going to allow immigrants and poor people in this state to be victimized.”

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Bi-State should opt out of swap program (IA)

March 26, 2019
Tracy Kurowski

Quad City residents are now witnessing the creation of an architectural marvel with the construction of the new Interstate-74 bridge. Two of the world’s largest mobile cranes are employed in the project, along with hundreds of workers, and we are now seeing the concrete base of the center arch rise out from the river bottoms.

This remarkable project is made possible by a federal and state government funding partnership that guarantees a dignified wage to the men and women who have been working throughout this brutally cold winter. Called “Davis-Bacon” protections, they were named after two Depression-era Republican congressmen who wanted to make sure that federal investments in infrastructure projects stimulate local economies and create local jobs.

Federal rules require contracts be awarded to the “lowest responsible bidder.” Cities, schools, and counties also award contracts this way to protect taxpayers and prevent graft and other corruption. Before Davis-Bacon was passed in 1931, members of Congress noticed that many of the contracts they had secured for their home districts were not using local workers. Construction companies undervalued the labor costs in order to meet the lowest bidder standard and land the contract. When the work needed to be done, contractors brought in migrant workers from low-wage states to complete the local projects. This resulted in the opposite of congressional intent of using infrastructure projects to stimulate local economies.

No one then or now would argue that taxpayer funds for public infrastructure projects should be inadvertently used to drive down workers’ wages. Once the Davis-Bacon law was passed, it has since set a wage floor so that instead companies are competing on productivity, efficiency and the quality of work they provide, not on their ability to hire unethical subcontractors who exploit workers.

However, in 2017 the Iowa Legislature passed a law that would remove those protections. Known as the “Iowa DOT Federal Aid Swap Program,” it enables the Iowa Department of Transportation to swap federal money for state money.

It works essentially as a form of money laundering. Federally-funded local infrastructure projects (like Davenport’s $4 million 53rd Street reconstruction and expansion project) would be allowed to skirt the law, pay the lowest wages possible and not hire local workers. The swap also enables localities to avoid “Buy America” requirements attached to federal funds and instead use cheap imported steel rebar. What could possibly go wrong?

Fortunately, Iowa’s Road Swap law permits metropolitan planning organizations like the Bi-State Regional Commission to opt-out of the swap and continue to comply with the federal standards.

Like the name of the commission that gets to vote to protect our local economy, this is indeed a bi-state issue. About $30 million is currently earmarked to be swapped. Failure to take action will affect contractors, workers and local economies on both sides of the river.

Laws like Davis-Bacon helped us recover from the nation’s worst economic disaster. If indeed the Bi-State Regional Commission is acting in the interests of community, workers and our tax dollars, it will opt-out of the Iowa Swap Program and maintain Davis-Bacon Act protections on local infrastructure projects.

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2-Minute Preview: Lawmakers to hear bills on prevailing wage for school construction, … (NV)

Tuesday, March 19, 2019
David Calvert

Lawmakers on Wednesday will consider reversing a 2015 Republican-backed law limiting prevailing wage for school construction projects, …

Prevailing wage on school construction projects

Lawmakers on the Assembly Government Affairs Committee will review AB190, a bill that reverses some changes to prevailing wage rules that were passed under Republican control in 2015.

The measure would eliminate the requirement that public schools and colleges pay 90 percent of the prevailing wage – a sort of minimum wage for construction work – and revert it to 100 percent. It would also lower the threshold at which prevailing wage kicks in, from projects that cost $250,000 and up to $100,000 and up.

The measure is sponsored Democratic Assemblyman Skip Daly. The committee meets at 8:30 a.m.

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Contractors, Your Subcontractors’ Wage And Hour Practices Are Your Business

J.D. Supra
March 20, 2019

A prime or general contractor may be held jointly and severally liable for any violations, including wage and hour violations, by its subcontractors if the contractor is found to be a joint employer with the subcontractor under applicable federal or state law. As most contractors who work on construction projects covered by the federal Davis-Bacon Act (DBA) (direct contracts) and DBA Related Acts (federal funding or loan guarantees) (together, DBRAs) know, a prime or higher tier contractor is jointly and severally liable for violations by its subcontractors without the requirement of a joint employer finding. Many state prevailing wage laws (which require that wages for construction workers on public works projects be paid according to published wage scales) mirror the DBRAs’ liability law. The consequences for violations of the DBRAs, which are enforced by the U.S. Department of Labor (DOL), include back pay, penalties under the Contract Work Hours Safety Standards Act (CWHSSA) for overtime violations, and debarment from holding or working on any government contracts (after a referral and hearing process) for a period of up to three years.

For these reasons, contractors on DBRAs-covered projects should include terms and language in their subcontracts to help ensure their subcontractors are complying with the DBRAs regarding proper classification of workers, accurate timekeeping, timely payment of the correct prevailing wages and benefits based on job classification and hours worked, proper payment of overtime under CWHSSA, and the submission of accurate certified payroll. While rare, in addition to holding the prime or higher tier contractor responsible for payment of back pay and CWHSSA penalties for subcontractor violations if the subcontractor cannot pay or will not pay, the DOL has debarred prime contractors that have failed to properly monitor their subcontractors with respect to the DBRAs’ requirements.

District of Columbia; Maryland

For construction contractors who work on projects in the District of Columbia (D.C.) or Maryland, there is even more reason to mind the pay practices of subcontractors. In the last few years, both of these jurisdictions have enacted laws that, like the DBA, hold higher tier contractors jointly and severally liable for their subcontractors’ violations of local wage and hour laws.

In D.C., the local wage and hour laws specify that prevailing wages are covered, and can be recovered, in addition to local minimum and overtime wages.

The potential damages that can be recovered are crushing. In D.C., in addition to back pay, a contractor can be liable for an additional three times the back pay in damages (or quadruple recovery) as well as attorneys’ fees and additional penalties. In Maryland, the liability is slightly less, back pay plus two times the back pay in damages (or triple recovery) as well as attorneys’ fees and penalties.

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Illinois lawmakers move to make general contractors responsible for lost wages of others on the job. (IL)

By Cole Lauterbach
Illinois News Network
Mar 21, 2019

General contractors in Illinois may be on the hook for the wages of their subcontractors’ unpaid employees if state lawmakers successfully pass a law requiring just that.

Under state Rep. Jennifer Gong-Gershowitz’ legislation, a contractor who hires others to do a job could be forced by the Illinois Department of Labor to be responsible for unpaid wages to workers that the subcontractor failed to pay.

“House Bill 2838 provides for primary contractor responsibility for wage and benefit theft in the construction industry to stop worker exploitation and bring tax dollars back to the state currently being lost by lawbreakers,” she said.

Rep. Tom Weber, a contractor himself, said the change would put builders on the hook for other businesses’ actions.

“As a contractor who hired someone and paid them to do a job and then when they don’t pay their employees, how on Earth is that my responsibility?” he asked.

Kevin O’Gorman with the Chicago Regional Council of Carpenters told Weber that the new law would make him more careful about who he does business with.

“It would be a good thing for your portion of the industry to make sure that the people are getting paid,” he said. “We’re trying to get you to be reasonable and hire qualified and responsible contractors.”

The bill now awaits a vote on the House floor.

The state of California has a similar law. General contractors there have been sued by the state and forced to pay sizable settlements on behalf of contractors they pay to do jobs.

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Wage Theft Is a Real National Emergency

Michael Felsen and M. Patricia Smith
March 5, 2019

As President Trump scrambles to convince us that not having a wall is suddenly a “national emergency,” progressive lawmakers and advocates have pointed out that the most dire emergencies facing the U.S. are the imaginary and real crises manufactured by Trump himself.

One case in point is wage theft, or more specifically, the endemic cheating of workers in low-wage industries out of their pay. This ubiquitous, under-the-radar problem has only gotten worse in response to the Trump administration’s harsh immigration policies and talking points crafted in response to problems that do not exist.

It’s no secret that traditionally low-wage industries in the United States-including agriculture, construction, manufacturing, and service industries-have long relied heavily on immigrants, many of whom lack immigration status or work authorization. In November 2018, the Pew Research Center reported that in 2016, there were 10.7 million undocumented workers in the U.S., of whom 7.8 million (or 4.8 percent of the labor force) were working or looking for work. And the vast majority (two-thirds) of undocumented adults had lived in the U.S. for more than a decade. 

Meanwhile, immigrant workers pay billions of dollars in taxes. California State Controller Betty Yee estimates that immigrants without work authorization contributed more than $180 billion to that state’s economy in 2017 alone. Federal and state laws that are designed to provide workers with basic protections-like the right to a minimum wage, overtime pay, and a safe and healthy workplace-apply to all workers in the United States, regardless of immigration status, and they have a right to complain to the government when their employer is violating those laws. Employers are also prohibited from threatening, intimidating, or in any other way retaliating against any worker because they’ve asserted their rights under the law.  

These laws are intended to protect all workers from exploitation, and to eliminate employer incentives to hire-and underpay-workers who lack status over those who have it. Notwithstanding these legal protections, violations are rampant. According to a May 2017 report from the Economic Policy Institute, 2.4 million workers in the ten largest states lose $8 billion annually to minimum wage violations alone. Extrapolating nationwide, this suggests that workers are losing more than $15 billion per year, without even including overtime violations. 

Other studies clearly show that workers who lack immigration status are disproportionately affected. For example, the landmark 2009 study “Broken Laws, Unprotected Workers” found that 37 percent of undocumented immigrant workers surveyed were victims of minimum wage violations in the prior week, compared with 24 percent for immigrants with work authorization and 16 percent for U.S.-born workers.  

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UBC: $2.6B in taxes lost yearly to under-the-table pay

Author: Kim Slowey
Published: March 19, 2019

The United Brotherhood of Carpenters (UBC) has levied a serious charge against the U.S. construction industry – that it is shorting the American taxpayer to the tune of up to $2.6 billion each year by making under-the-table payments to more than a million workers. In Texas alone, the losses reportedly top $1 billion.

Prevailing wage proponents and research group Smart Cities Prevail provided the estimates to the UBC.

The UBC adds to that figure about 300,000 independent contractors that the organization maintains are really misclassified employees, forced to work as independents so that employers don’t have to pay them benefits, cover them with workers’ compensation insurance or make federal and state tax payments on their behalf.

“That’s shocking,” said Frank Spencer, UBC general vice president. “Think about it: The number of construction workers forced to work off-the-books is about four times greater than the number of misclassified workers. There’s no mistaking the blatant tax fraud.”

Small, legitimate independent contractors, however, do have a place in the industry, providing critical services and often supplementing the construction industry labor pool, a sentiment echoed by Kristen Swearingen, the Associated Builders and Contractors’ vice president of legislative and political affairs.

“Independent contractors are an important part of the construction industry, and ABC supports efforts to provide a clear, concise and reasonable definition thereof,” Swearingen told Construction Dive. “Any independent contractor reform effort must recognize that independent contractors are necessary, productive participants in the construction industry and their ability to contribute to the marketplace must be preserved.”

Generally, in order to qualify as an independent contractor under the Internal Revenue Service’s rules, the individual must be free to control the details of how he or she accomplishes the work.

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