Local Impact of Prevailing Wage (MN)

September 06, 2018 10:41 PM
(ABC 6 News)

When a construction worker goes to work on a project with a private contractor, the contractor decides what workers will be paid. However, when they work on a government-funded project, workers must be paid “prevailing wages.”

President of South Eastern Minnesota Building and Construction Trades Council Nate O’Reilly says for every construction project funded by the state, workers must be paid a minimum base rate called “prevailing wage.”

“When public dollars are being spent…it creates that level playing field to ensure the public expenditures reflect the local area standards for wages and benefits,” said Nate.

In the private construction industry, the lowest bidding contractor almost always gets the construction job. Executive Director of the Fair Contracting Foundation Mike Wilde says prevailing wage is intended to protect local workers and ensure they get paid fairly. This prevents the job from going automatically to whoever can do it the cheapest, which Mike says is often workers from out of the area.

“You want people that live in the area, perhaps reside in the housing, and support the economy. You want them to be your workforce, as opposed to people who might come in and do unskilled, unsafe, and insufficient work and perhaps take the wages out,” said Mike.

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Savings from prevailing wage law changes uncertain (MO)

Date: July 22, 2018
Author: Philip Joens

Jefferson City and Cole County officials said any savings they incur from a partial repeal to the state’s prevailing wage law likely will be negligible.

Gov. Mike Parson signed House Bill 1729 on July 13, rolling back several provisions of the state’s long-standing prevailing wage law. The changes will take effect Aug. 28.

Most notably, the bill eliminates prevailing wage requirements for projects costing more than $75,000.

Jefferson City Public Works Director Matt Morasch and Cole County Public Works Director Larry Benz said most city and county construction projects cost more than that threshold.

Many city projects, like Jefferson City’s plans to resurface about 60 roads between 2018-20, cost at least $1 million, Morasch said.

“At the city, we do very few that are under $75,000,” Morasch said.

Benz said even simple projects like curb replacements can cost about $100,000. He estimated fewer than 10 percent of Cole County projects cost less than $75,000.

“It may affect some of the smaller (projects),” Benz said, “(like) drop inlets, but most of the time we do that work ourselves.”

Missouri’s prevailing wage law dates back to 1959, and is similar to the federal Davis-Bacon Act of 1931, which requires workers be paid minimum wages on federal construction projects.

Under existing law, the state compares the number of hours worked in each county at the collectively bargained rate and the rate non-union contractors pay. The rate with the most hours worked each year prevails and becomes the prevailing wage for each skill set and occupation in each county.

Under the new law, at least 1,000 hours of work in a given county and job category must be reported to the state for the previous year for the prevailing wage rate to apply. If that does not happen, a contracting minimum wage defined as 120 percent of a county’s average wage will be paid to construction workers.

HB 1729 also exempts all public works projects costing less than $10,000 from competitive bid requirements. This provision and the $75,000 threshold appear to attempt to distinguish between construction projects and maintenance projects.

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Missouri voters just blocked the right-to-work law Republicans passed to weaken labor unions (MO)

By: Alexia Fernández Campbell
August 7, 2018

It’s the first time voters have overturned right-to-work laws through a ballot referendum in recent years.

Missouri voters made history on Tuesday, blocking the state’s Republican lawmakers from enacting right-to-work laws to cripple labor unions. The state’s primary voters rejected Proposition A, which would have made it illegal for unions to charge fees to workers they represent who don’t want to pay them, by a two-to-one margin when the vote was called by Decision Desk around 10 pm Eastern.

Missouri was on track to become the 28th state to enact such a law. Last year, the state’s then-governor, Republican Eric Greitens, signed the right-to-work bill, saying that it would encourage businesses to move to the state. Missouri would have followed Michigan, Wisconsin, and other Rust Belt states that have passed similar anti-union measures in recent years under pressure from business groups.

But workers and union leaders in Missouri put up a fight. They gathered about 300,000 signatures – more than double the number needed – to freeze the law and put it on the ballot for voters to decide. On Tuesday, voters rejected the bill.

Tuesday’s election marks the first time voters have overturned a right-to-work law through a ballot referendum since Ohio did something similar in 2011. No other state has even tried to in recent years. It’s also a major victory for the US labor movement at a time when Republican leaders, big businesses, and the courts have doubled down on their attempts to weaken the influence of labor unions and the workers they represent. And after the US Supreme Court’s June ruling in Janus v. AFSCME, which mandated right-to-work rules for all government unions, Missouri’s vote is a sign that unions are far from dead. They might even see a revival.

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Wage theft “epidemic” in construction. Taxpayers paying the tab. (NV)

AUTHOR – Dana Gentry
PUBLISHED – July 27, 2018

A new ad from Attorney General Adam Laxalt’s gubernatorial campaign alleges his opponent, Steve Sisolak, awarded a public works job to Las Vegas Paving, a union company, for $100 million, over a non-union contractor who bid $4.6 million less.

But construction industry experts contend lower bids generate projects that are too often built on the backs of Nevada workers who are enduring a wave of wage theft on public works jobs. And your tax dollars are fueling it.

“From what I’ve seen, if you point out a project, someone is cheating on it,” says Evangelina Diaz of the Painters’ Union. “It’s crazy out there. It’s a dirty business.”

“It’s the only way the contractor can submit a lower bid. A gallon of paint is going to be the same. Brushes, rollers – materials are going to cost the same. It’s the wages where they can cheat,” Diaz says.

“There is a company, Vision Drywall, that paid over a million dollars years ago in back wages and they are still in business. Then we caught them again and they paid several hundred thousand dollars. That’s just the cost of doing business for them,” Diaz says.

Federal court records indicate Vision Dry Wall entered into a confidential settlement in 2014 with workers who claimed they were intentionally and systematically denied overtime. The Nevada Labor Commission reports eight complaints filed against the company, the last in 2015.

Nevada law requires prevailing wages be paid on public works jobs of $250,000 or more, while all federal jobs of $2,000 or more require prevailing wage.

Las Vegan Guy Bennallack owns a number of construction companies in a variety of trades including painting and roofing, and has contracted on numerous public works jobs.

Bennallack was convicted of 13 counts of tax evasion in 1994. Court records from his failed appeal reveal how far Bennallack was wiling to go to save money by defrauding the government.

“Here, appellant created false documentation to hide his illegal conduct; provided false W-2 forms to his employees for them to prepare false returns; used Southern Distributors as a secret supplier of cash by directing them to issue rebate checks to appellant; evaded detection by instructing Southern Distributors to issue the checks in amounts less than $10,000; maintained two sets of books in order to conceal sales; withheld information from his tax-advisors in order to falsify his returns; withheld invoices from the IRS.”

Today, Bennallack says he has 500 jobs going on at one time. He says cheating employees, who he says are well-versed in the law, would be impossible.

“I’m telling you there’s no way to do that. The penalties are far worse than anything you would ever gain,” he says. Asked what the penalty would be, Bennallack admits workers would be paid the amount they would have legally been due, but likely no more.

A spokeswoman for the state says the Bennallack-owned Painting Company has had two wage and hour complaints and two prevailing wage cases prior to 2012.

The Original Roofing Company, owned by Bennallack, had one wage and hour complaint in 2016.

Nevada’s Labor Commissioner is tasked with ensuring workers are paid fairly, and has an online list of contractors who are prohibited from bidding on prevailing wage projects because of prior violations.

The law allows the Labor Commissioner to assess a $5,000 administrative penalty against wage violators and the discretion to increase it in certain cases.

Contractors who are assessed an administrative penalty by the state may be prohibited from being awarded a public works contract for three years for a first offense and five years for subsequent offenses.

The Attorney General, who is notified of all violations, has the ability to prosecute. Adam Laxalt’s office did not respond to the Current’s request for information on wage theft prosecutions.

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Public works contractor arrested, accused of wage theft (NY)

Stephon Johnson | 8/23/2018

Authorities arrested a public contractor for allegedly skimming from his employees’ paychecks.

This week, New York State Attorney General Barbara Underwood and Port Authority Inspector General Michael Nestor announced the arrest of Marjan Kasapinov, 63, for allegedly taking more than $40,000 in wages and benefits from 28 workers employed to work on a publicly funded construction project at LaGuardia Airport. Kasapinov faces between one and four years in prison, a five-year ban from public work and payment of back wages to his employees.

Kasapinov, doing business as Paterson, N.J.-based EMLO Corp., was contracted to perform asbestos removal work on several buildings at LaGuardia Airport between March 2014 and March 2015. Kasapinov and EMLO Corp are charged with failure to pay the prevailing rate of wage or supplements, offering a false instrument for filing in the first degree and failure to secure workers’ compensation insurance-all felonies.

“Contractors that corrupt public projects and fail to pay their workers will be held accountable,” stated Underwood. “Workers deserve fair pay of the wages and benefits they’ve earned-not to be exploited by their employer. Our office will continue to work relentlessly to combat wage theft and the abuse of public dollars.”

“Companies doing business with municipalities, state agencies and authorities are legally bound to pay their employees the fair and prevailing wage,” added Michael Nestor, inspector general for the Port Authority of NY & NJ, in statement. “In this case, the defendant chose to enrich himself at the expense of his own workers. Today’s arrest will serve notice to all contractors that the Port Authority of NY & NJ will not tolerate wage fraud or any other criminal misconduct on public projects.”

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Manhattan Construction Company Misclassified and Underpaid Workers, Including Site Fatality Victim (NY)

By WorkersCompensation.com on July 27, 2018

New York, NY (WorkersCompensation.com) – Manhattan District Attorney Cyrus R. Vance, Jr., and New York City Department of Investigation (“DOI”) Commissioner Mark G. Peters announced the indictment of CRV PRECAST CONSTRUCTION, LLC (“CRV”) and six of its employees for misclassifying workers as lesser-skilled, underpaying them, and falsifying information about payroll and employees, including a worker who was killed at a company job site. The defendants are charged in a New York State Supreme Court indictment with Insurance Fraud in the Second and Third Degrees, Grand Larceny in the Third Degree, and Scheme to Defraud in the First Degree, among other charges.[1]

“Time and again, we’ve seen how wage theft is symptomatic of an overall disregard for workers’ wellbeing: On worksites where companies regularly defraud their employees, we have also seen them playing fast and loose with their workers’ lives and safety,” said District Attorney Vance. “As alleged in this case, the defendants devalued their workers’ livelihoods, underpaying them and insuring them for lower-risk work while simultaneously sending them to carry out complicated construction projects. Misclassifying workers as lesser-skilled is a common way that employers steal from their employees, and I thank our Construction Fraud Task Force partners for their continued commitment to protecting the workers who put their lives on the line every day.”

DOI Commissioner Mark G. Peters said: “These defendants stole from their workers on City construction projects, failing to pay the legally required prevailing wage and underpaying more than $400,000 in insurance premiums, according to the charges. In trying to skirt these laws for their own benefit, the defendants’ alleged conduct has instead landed them in handcuffs and facing prosecution. DOI thanks the Manhattan District Attorney’s Office for its partnership in this case and our many joint Construction Fraud Task Force investigations.”

The indictment follows a joint investigation led by the Manhattan District Attorney’s Office’s Construction Fraud Task Force and DOI, with additional assistance by the New York State Insurance Fund (“NYSIF”).

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Letter to the editor: Prevailing wage benefits economy (PA)

LETTER TO THE EDITOR
Sunday, Aug. 26, 2018, 9:04 p.m.

Regarding Ray Borkoski’s letter ( “End prevailing wage in Pa.,” July 25, TribLIVE): The benefit prevailing wage provides to the local economy is immeasurable. Prevailing wage ensures tax money is used solely to benefit the public and the taxpayer by requiring the hiring of local, skilled workers, which stimulates all aspects of the local economy. When local people are working they spend money on homes, cars, food, clothes, etc.

Without prevailing wage, we would see an increase in contractors misclassifying workers, paying cash and avoiding paying payroll taxes. This leads to a loss in state revenue in the hundreds of millions.

States with weak or no prevailing wage laws spend $367 million more a year on food stamps and earned income tax credits for blue-collar construction workers than states with prevailing wage laws.

Without prevailing wage, you also lose safety standards and responsible contractors. What is the advantage of building a bridge “cheaper”?

Prevailing wage is not a union or nonunion issue; without prevailing wage, all wages fall. The standard of prevailing wage is set by a survey of the entire construction market in a local area.

The Midwest Economic Policy Institute found that after the repeal of prevailing wage in Indiana, the lowest paid construction workers’ wages fell 15.1 percent.

Mike Bobnar
Hempfield

(See Op-Ed)

Executive order: Minimum wage for workers in gov’t-contracted construction is now $15 (Puerto Rico)

By Eva Lloréns Vélez on July 30, 2018

SAN JUAN – Puerto Rico Gov. Ricardo Rosselló signed an executive order to increase the minimum wage for Puerto Rico construction industry employees to $15 an hour for government contracting. The order also requires locally produced cement for government construction projects.

In addition, the decree requires labor agreements for projects financed by the government to establish security conditions and professional training “for the protection of workers,” according to a release issued by the governor’s office, La Fortaleza, following his press conference there on the matter.

Local contractors complain that they are being discriminated against by the government in its project procurements in favor of stateside companies, which Rosselló acknowledged has happened historically, but noted differences when comparing local and mainland resource after a disaster.

“Sometimes there is not enough labor; sometimes they are huge projects that some of the local contractors do not qualify for and sometimes it’s remuneration. So what have we decided to do? We have decided to start looking for solutions,” he said at a press conference Monday.

The measure could apply to 36,000 to 44,000 construction workers, of which 21,000 are salaried employees who work for construction companies. “That is the potential universe of people that can be impacted as long as that construction company is bidding for construction work with the government,” Labor Secretary Carlos Saavedra said.

“One of the fundamental elements in the recovery of Puerto Rico is the construction industry, which is vital to be prepared for weather events and other emergencies that may affect us in the future,” the governor is quoted as saying in the release, adding that “now that Puerto Rico begins the road to reconstruction, it is indispensable that the local construction workforce be stronger than ever. We need more Puerto Rican construction workers, better trained, and better paid.”

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U.S. Department of Labor Recovers $14.3 Million for Hurricane Recovery Workers (Puerto Rico)

By Source Staff – September 25, 2018

In the year since hurricanes Irma and Maria struck Puerto Rico and the U.S. Virgin Islands, the U.S. Department of Labor’s Wage and Hour Division (WHD) has recovered $14,337,657 in unpaid wages for 7,761 employees engaged in recovery work in these territories. WHD has also undertaken significant outreach activities to educate employers and employees about compliance with federal wage laws as part of its ongoing hurricane response efforts.

Following the hurricanes, WHD began a broad-based education and enforcement initiative providing information to employers and workers via social media, and by conducting outreach. Investigations focused on compliance during short-term emergency response operations funded through the Federal Emergency Management Agency (FEMA) to ensure employers were aware of their responsibilities and employees were paid.

The investigations examined coverage under an employer’s compliance with the Service Contract Act (SCA), Contract Work Hours and Safety Standards Act (CWHSSA), Davis Bacon and Related Acts (DBRA), and the Fair Labor Standards Act (FLSA).

WHD investigators found violations that included non-payment of wages, minimum wage and overtime violations resulting from employees being misclassified as independent contractors, and failure to pay required health and welfare benefits under the SCA.

WHD has conducted more than 60 outreach events; signed memorandums of understanding (MOUs) with Puerto Rico’s Department of Labor and its Office of the Comptroller to better coordinate enforcement and outreach efforts; and hosted a prevailing wage seminar to educate contractors, government agencies, and other stakeholders about compliance with applicable laws.

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Northam signs executive order establishing task force on worker misclassification, payroll fraud (VA)

AUTHOR – Augusta Free Press
PUBLISHED – Aug 11, 2018

Governor Ralph Northam signed an Executive Order establishing an interagency task force on worker misclassification and payroll fraud. The misclassification of employees as “independent contractors” undermines businesses that follow the law, deprives the Commonwealth of millions of dollars in tax revenues, and prevents workers from receiving legal protections and benefits.

“Treating Virginia workers fairly is central to building an economy that works for everyone, no matter who you are or where you live,” said Governor Northam. “Every employer in the Commonwealth should be playing by the same rules and this task force will come up with a comprehensive plan to make sure workers aren’t missing out on the protections and benefits they would receive if properly classified.”

A 2012 report of the Joint Legislative Audit and Review Commission (JLARC) found that one-third of audited employers in certain industries misclassify their employees. By failing to purchase workers’ compensation insurance, pay unemployment insurance and payroll taxes, or comply with minimum wage and overtime laws, employers lower their costs as much as 40%, placing other employers at a competitive disadvantage.

The task force will develop and implement a comprehensive plan with measurable goals, including identifying ways to hold companies working on state contracts who commit payroll fraud through misclassification of workers accountable, and identifying ways to deter future inappropriate conduct by recommending enforcement mechanisms.

Secretary of Commerce and Trade Brian Ball will chair the task force. It will include representatives from the Virginia Employment Commission, the Department of General Services, the Department of Labor and Industry, the Department of Professional and Occupational Regulation, the State Corporation Commission’s Bureau of Insurance, the Department of Taxation, the Workers’ Compensation Commission, and the Office of the Attorney General.

The group will develop a work plan by November 1, 2018 and report to the Governor on its progress by August 1, 2019.

The full text of Executive Order Sixteen can be found here.

(See Article)