Construction workers walk off Omni Louisville site protesting wage discrepancy

By CAITLIN BOWLING
May 24, 2017 12:53 pm

 

Some of the construction workers who are helping erect the more than $320 million Omni Louisville hotel and luxury apartments walked off the site this morning.

Roughly 100 workers who have been installing metal studs and hanging drywall at the Omni claim that they are being paid roughly $20 less an hour compared with other construction workers on the job, WDRB News first reported.

Marco Cruz, one of the workers who walked off the construction site, told Insider that he is not so much upset that they are making less than other workers as he is troubled by the fact that they were told they’d earn $24 an hour but are only receiving $17 to $20 an hour.

“I saw that that’s not right,” he said. “We feel like they are taking advantage of us.”

Louisville labor attorney Dave Suetholz told Insider in a phone interview that the construction workers, most of whom are Hispanic immigrants, were told that their wages were lowered because Gov. Matt Bevin repealed Kentucky’s prevailing wage statute this year.

Suetholz, an attorney with Kircher, Suetholz & Associates PSC, argued that construction on the Omni “started before the repeal of the prevailing wage,” making the argument invalid.

“Their employer has lied to them,” he said. “It’s all immigrant workers. They are the only ones being paid lower rates. …Just on the face, it looks very bad.”

The prevailing wage law required construction workers to be paid a wage and receive benefits comparable to what workers receive on average construction sites in the area. It applied to public construction projects, according to an article by Stites & Harbison attorney Joseph L. Hardesty.

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U.S. Economy, contractors, and American workers benefit from PLAs

BY SEAN MCGARVEY, OPINION CONTRIBUTOR
04/24/17 04:30 PM EDT

 

Chuck Goodrich, the Chair of Associated Builders and Contractors (ABC), recently slammed Project Labor Agreements (PLAs) for not, as he proclaimed, creating “equal opportunity for the entire construction industry.”

Oh, the irony.

Because at the heart of all PLAs is the concept of “opportunity” – for workers, contractors, businesses, whole communities and, yes, taxpayers.
This theme of “opportunity” was central when nearly 3,000 members of North America’s Building Trades Unions (NABTU) just convened in our nation’s capital to discuss topline policy priorities, including – and especially – the rebuilding of America’s crumbling infrastructure and the need to ensure strong community wage and benefit standards for hard-working Americans

Today, NABTU and its signatory contractors invest more than $1.2 billion annually to fund and operate over 1,600 joint labor-management training centers across the U.S. which, in turn, produce the safest, most highly-skilled, and productive craft workers found anywhere in the world.

Further, NABTU leads the construction industry in innovative workforce development by providing increased opportunities to underserved communities and diversifying the construction workforce through the use of apprenticeship readiness programs and formal apprenticeship training and education.

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Employers steal billions from workers’ paychecks each year

Survey data show millions of workers are paid less than the minimum wage, at significant cost to taxpayers and state economies
Report – By David Cooper and Teresa Kroeger
May 10, 2017

What this report finds: This report assesses the prevalence and magnitude of one form of wage theft-minimum wage violations (workers being paid at an effective hourly rate below the binding minimum wage)-in the 10 most populous U.S. states. We find that, in these states, 2.4 million workers lose $8 billion annually (an average of $3,300 per year for year-round workers) to minimum wage violations-nearly a quarter of their earned wages. This form of wage theft affects 17 percent of low-wage workers, with workers in all demographic categories being cheated out of pay.

Why it matters: Minimum wage violations, by definition, affect the lowest-wage workers-those who can least afford to lose earnings. This form of wage theft causes many families to fall below the poverty line, and it increases workers’ reliance on public assistance, costing taxpayers money. Lost wages can hurt state and local economies, and it hurts other workers in affected industries by putting downward pressure on wages.

What can be done about it: Strengthen states’ legal protections against wage theft, increase penalties for violators, bolster enforcement capacities, and protect workers from retaliation when violations are reported.

Introduction and key findings
For the past four decades, the majority of American workers have been shortchanged by economic policymaking that has suppressed the growth of hourly wages and prevented greater improvements in living standards. Achieving a secure, middle-class lifestyle has become increasingly difficult as hourly pay for most workers has either stagnated or declined. For millions of the country’s lowest-paid workers, financial security is even more fleeting because of unscrupulous employers stealing a portion of their paychecks.

Wage theft, the practice of employers failing to pay workers the full wages to which they are legally entitled, is a widespread and deep-rooted problem that directly harms millions of U.S. workers each year. Employers refusing to pay promised wages, paying less than legally mandated minimums, failing to pay for all hours worked, or not paying overtime premiums deprives working people of billions of dollars annually. It also leaves hundreds of thousands of affected workers and their families in poverty. Wage theft does not just harm the workers and families who directly suffer exploitation; it also weakens the bargaining power of workers more broadly by putting downward pressure on hourly wages in affected industries and occupations. For many low-income families who suffer wage theft, the resulting loss of income forces them to rely more heavily on public assistance programs, unduly straining safety net programs and hamstringing efforts to reduce poverty.

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Contractors worry repeal of prevailing wage would decimate industry

May 7th, 2017
by Philip Joens

Currently, workers on public projects are required to be paid a minimum wage set by the state. Created in 1959, the law is similar to the Federal 1931 Davis-Bacon Act, which requires workers be paid minimum wages on federal construction projects.

If approved, House Bill 104 will repeal the state law while still mandating contractors pay workers at least federal or state minimum wage, whichever is higher. If they choose to, contractors may still pay employees more than that amount. It would take effect Aug. 28. Thirty-one states have prevailing wage laws. Some, like Arkansas, Kentucky and Tennessee, have a minimum amount that must be spent on a project before the prevailing wage law guarantees workers certain wages. Others, like Missouri, Illinois and Nebraska, cover public works projects no matter the contract amount.

Pay differs by skill set and county. In Cole County, carpenters make $25.16 and iron workers make $28.96 per hour. In rural Benton County, carpenters also make $25.16 while iron workers make $29 per hour.

Each year, all contractors, both union and non-union, are required to turn in the hours they worked to the Missouri Department of Labor and Industrial Relations. Because local unions collectively bargain wages in each county, all union contractors are lumped into the same pool.

To determine the prevailing wage in each county, 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 wage for each skill set in each county.

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Nashville leads new report in hazardous conditions, injury rates for construction workers

by Kaylin Searles
Tuesday, May 23rd 2017

NASHVILLE, Tenn. (WZTV) – Metro Council members, construction workers and advocates are trying to make changes in the construction industry after a new report claims that Nashville has the most hazardous conditions and the high injury rates for workers.

“Build a Better South” conducted the survey, questioning 1,400 construction workers from the Nashville area alone. The survey was also conducted in Atlanta, Charlotte, Dallas, Houston and Miami.

According to the report, one in four Nashville workers had been injured at some point in their construction career, the highest of the research cities. Ten percent of workers had been injured just in the last year.

Jackie Cornejo, with Build a Better South, said one of the most concerning points of the report for Nashville is the amount of injuries that go unreported. The study found a 12.7 percent injury rate per 100 workers annually in Tennessee, which is four times higher than the injury/illness rate reported by OSHA for the state.

Construction workers gave testimony echoing this at the news conference Tuesday. Some workers said their wages aren’t high enough to afford a health insurance plan, thus paying for treatment out of pocket or never reporting the injury.

But, about 81 percent of those injuries that were reported last year received no workers’ compensation.

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Massachusetts settles with three construction companies that allegedly violated wage laws

by Mark Iandolo |
May 23, 2017, 8:52am

BOSTON (Legal Newsline) – Massachusetts Attorney General Maura Healey announced May 15 that three construction companies in the state will pay more than $600,000 for allegations of failing to pay the proper prevailing wage rate to employees for work performed on public projects.

“Our prevailing wage laws ensure a level playing field for contractors who perform work for public entities, including municipalities, schools, libraries and housing authorities,” Healey said. “When contractors skirt these laws, they not only cheat employees out of their wages, they undermine the competitive business environment of Massachusetts.”

The citations came against Ronan Jarvis, former owner of MC Starr Companies Inc., DANCO Management Inc. and its owner Daniel Tremblay, and R&A Drywall LLC and owner Allan S. Vitale.

Massachusetts state law mandates that contractors and subcontractors pay employees a special minimum wage determined by the state for any work done on public construction projects.

The Jarvis and R&A Drywall cases are being handled by assistant attorney general Erik Bennett and investigator Tom Lam, both of the department’s Fair Labor Division. Assistant attorney general Barbara Dillon DeSouza and inspector Brian Davies, both of the Fair Labor Division, are handling the DANCO case.

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UPDATE: OSHA delays electronic recordkeeping rule deadline

Author Emily Peiffer, Hallie Busta
UPDATE: The Occupational Safety and Health Administration said Wednesday that it will suspend the electronic recordkeeping rule’s filing deadline in order to give employers more time to comply, according to The Washington Post. Although the filing date was originally scheduled for July 1, the agency has not yet opened the online portal for companies to submit their injury and illness logs. OSHA has not announced how long the extension will last.
Dive Brief:
  • The National Association of Home Builders – along with the U.S. Chamber of Commerce, the Oklahoma State Homebuilders Association, the State Chamber of Oklahoma and three poultry associations – filed a lawsuit in January against the U.S. Department of Labor and OSHA in the U.S. District Court for the Western District of Oklahoma relating to OSHA’s final recordkeeping rule.
  • The lawsuit claims that the rule, “Improve Tracking of Workplace Injuries and Illnesses,” overreaches and violates businesses’ rights under the First and Fifth amendments to the U.S. Constitution, effectively asking the court to apply strict scrutiny in determining the rule’s constitutionality.
  • OSHA’s announcement of the final rule in May 2016, which put in place new electronic recordkeeping and reporting requirements among companies with more than 20 employees, was met with pushback from construction industry trade groups concerning the exposure of private data.

 

Dive Insight:

The January lawsuit claimed that OSHA doesn’t have the authority to create what it says will be a public database for employers’ injury and illness records, and it argues that the information’s publication won’t impact workplace safety or health. Instead, the lawsuit calls the rule “an imposition on businesses” and says that the publication of “confidential and proprietary information” could be misused, exposing the business “to significant reputational harm.”

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Ohio House eyes prevailing wage law for public works projects

By Marc Kovac, staff writer
Published: May 9, 2017 3:50 PM

COLUMBUS – The Ohio House launched hearings Tuesday on legislation that would give local communities discretion on whether to follow the state’s prevailing wage law on public works projects.

Backers of HB 163 and companion legislation in the Ohio Senate say the proposal stops well short of an outright repeal, as has been attempted in the legislature in past sessions.

Instead, Rep. Kristina Roegner (R-Hudson) said, it would give affected local governing authorities the power opt out of “state-mandated wage” requirements.

But Democrats on the Economic Development, Commerce and Labor Committee voiced concern about the bill Tuesday. Rep. Thomas West (D-Canton) questioned whether the bill would lead to fewer jobs, lower wages and more people needing public assistance.

“Is this bill worth losing billions of economic activity…?” he asked.

And Rep. Michele Lepore-Hagan (D-Youngstown) asked whether it would be more appropriate to increase local government funding.

Union groups also do not support the change – according to the Ohio State Building & Construction Trades Council, Ohio’s prevailing wage law “protects and preserves local area wages on federal and state construction projects. It guarantees that workers are paid fairly.”

Matt Szollosi, executive director of the Affiliated Construction Trades of Ohio, who attended Tuesday’s hearing, said his group is “adamantly opposed” to the legislation.

“Based on data that we have from a recent study that was commissioned and completed by professors at Kent State University, Bowling Green State University and Colorado State University, a severe weakening or repeal of prevailing wage would result in construction workers’ incomes being reduced by 16 percent and would push a significant percentage of construction workers below poverty level and onto public assistance,” he said.

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Video: Indiana GOP Leader Admits Repealing Prevailing Wage ‘Hasn’t Saved a Penny’

With Senate Committee Set to Vote on Repeal Bill, April 24 Video Debunks Prevailing Wage Supporters’ Claims about Savings
PRESS RELEASE · MAY 2, 2017
MEDIA CONTACT | MIKE BROWNE
DEPUTY DIRECTOR

MADISON, Wis. – With the Republican-controlled Senate Labor Regulatory Reform Committee poised Wednesday morning to vote for a misguided repeal of prevailing wage laws for public works projects, video has surfaced from a forum April 24 in Milwaukee where Republican Indiana House Assistant Majority Leader Ed Soliday angrily reveals that similar legislation passed in Indiana which went into effect in 2015 “hasn’t saved a penny.”

“We got rid of prevailing wage and so far it hasn’t saved a penny,” Soliday says during the question and answer session last week hosted by the Wisconsin Transportation Development Association in Milwaukee. “Probably the people most upset with us repealing [prevailing] wage were the locals. Because the locals, quite frankly, like to pay local contractors and they like local contractors to go to the dentist in their own town.”

One comprehensive analysis showed repealing Wisconsin’s prevailing wage laws will result in a projected $500 million in construction value being completed by out-of-state contractors on an annual basis and a yearly total of over $1.2 billion being lost due to reduced economic activity. A second analysis revealed 885 public construction jobs left Indiana after repeal of prevailing wage and 770 jobs popped up across the border in Kentucky.

One Wisconsin Now Executive Director Scot Ross said he “wasn’t surprised the Wisconsin Republicans are using lies and deception to level yet another attack on Wisconsin workers.” Ross said the list of Republican co-authors on the bill was “a who’s who of Wisconsin’s anti-worker extremists.”

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(See a Copy of Video Here)

Op-Ed If residential builders pay prevailing wages it would help – not hurt – California’s housing crisis

By Alex Lantsberg
May 19, 2017, 4:00 AM

California has a housing crisis. Supply has not kept pace with demand. Rents and home prices are soaring and many working families are being priced out of the market altogether.

The state Legislature is considering myriad ideas for reform. One that has generated a lot of push-back from the building industry is incorporating prevailing wage standards into more residential projects.

“Prevailing wage” refers to what’s generally paid to skilled craft workers in different regions. Based on local employer surveys, it includes hourly pay, benefits and training costs for dozens of different construction occupations. It sometimes, but not always, reflects union rates. Typically required on publicly funded construction projects, prevailing wages encourage contractors to compete based on workers’ skill, experience and productivity, as well as on innovative project management – not merely on who can pay their workers the least. Decades of peer-reviewed research have linked prevailing wages with higher-quality craftsmanship, more local hiring and lower poverty rates among construction workers.

Peer-reviewed research has linked prevailing wages with higher-quality craftsmanship, more local hiring and lower poverty rates among construction workers.
Some builders and developers falsely claim that paying prevailing wages would lead to higher housing prices and make the state’s affordability crisis worse. They’re wrong; they want to maintain a status quo that allows them to line their pockets at the expense of workers and taxpayers.

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