Attorney General finds Dracut violated procurement, wage laws (MA)

Meg McIntyre
February 11, 2020

DRACUT – A months-long Attorney General review of town procurement practices came to a head Tuesday night as the Board of Selectmen voted to approve a settlement addressing allegations that Dracut violated procurement and prevailing wage laws. …

The review also found that the town did not request the prevailing wage rate schedule from the state Department of Labor Standards prior to putting several projects out to bid, and failed to include the rate schedule in bid documents provided to bidders and selected contractors, according to the office, violating prevailing wage laws.

The settlement, which is contingent upon court approval, requires Dracut to hire an experienced procurement officer and provide training to staff on procurement and prevailing wage laws. The town will also be subject to monitoring by the Attorney General’s office going forward.

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Letter to the editor: Restoring prevailing wage would save taxpayers money (WV)

Jan 16, 2020

As West Virginia continues to fall short on revenue collections, Gov. Jim Justice said his budget proposal is “very conservative” in his State of the State Address. But Justice missed an important opportunity in his speech to get ahead of budget shortfalls that would put students first, hire West Virginia workers and save taxpayers money.

Restoring the prevailing wage should be one of the tools state government uses to get West Virginia through the leaner times ahead. Since prevailing wage repeal, students have suffered from new schools not opening on time and with faulty school construction. This costs taxpayers dearly.

Taxpayers have lost millions of dollars from the repeal of prevailing wage. Multiple new school facilities must be redone or fixed using our government dollars. Contractors who benefit their own bottom line with shoddy school construction built by unskilled workers from out of state cost us local jobs and the state tax revenues from not having more West Virginians employed.

While taxpayers shell out money later this year to redo floors at two new schools in Fayette County, the governor and Republican leadership in the Legislature will be looking for ways to head off shortfalls with spending cuts. But government leaders should also look at the positive impact of bringing the prevailing wage back. This law will employ more West Virginians to build our schools and eliminate wasteful spending from “do overs” caused by poor school construction.

Charles Parker
President, West Virginia State Building and Construction Trades Council

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De Blasio legislation expands prevailing wage (NY)

Stephon Johnson | 12/12/2019, 3:20 p.m.

New York City Mayor Bill de Blasio signed a bill that will expand guaranteed prevailing wages to building service workers.

“It is really a good example of doing something that will change and improve the lives of working people and at the same time allow us to keep building on the central goal of making this a city that working people can afford,” said de Blasio during a news conference for the bill’s signing. “And we are committed to our long term vision on affordable housing and appreciate how much our colleagues in labor and the unions involved here but also beyond have been supportive throughout of our larger goals on affordable housing.”

The Intro-1321 A legislation makes sure the prevailing wage for building service workers reflects and builds off of wage and benefits reforms aimed at reducing income inequality that include paid sick leave, fair work week and raising the minimum wage.

According to the city, since 2012, prevailing wages were required for building service employees in most developments where a private developer received at least $1 million in discretionary financial assistance from City Hall. But the law exempted affordable housing projects from the wage standard.

The sponsor of Intro. 1321-C, New York City Council Member Rafael Espinal, said that workers’ wages should coincide with the cost of living.

“As our city becomes a more expensive place to live, we have to push for laws that close its wealth gap,” stated Espinal. “The city is also facing a housing crisis that has to be addressed not just by looking at how much affordable housing is available, but by examining what kind of jobs are available as well.

“I introduced this prevailing wage law because it is the standard we set during the East New York Neighborhood Plan,” continued Espinal. “Of the 100% affordable housing that is being built, each building is now going to provide prevailing wages to its staff. If we did it in East New York, we can do it citywide.”

The bill covers additional developers and projects via removing the current exemption in the Prevailing Wage Law for affordable housing projects and not-for-profit developers of residential projects. Currently, building service employees in most residential projects that receive at least $1 million in financial assistance for new construction or preservation will be guaranteed the prevailing wage.

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Time to undo prevailing wage debacle [Opinion] (WV)

By Rick Wilson
Nov 5, 2019

In 2016, the West Virginia Legislature repealed the state’s prevailing wage law, which set pay standards for workers on public construction projects.

The intent of prevailing wage laws was to prevent these projects from turning into a race to the bottom, with out-of-state contractors profiting at the public expense by underbidding local businesses and importing low wage, low skill workers laboring under unsafe conditions.

The idea for that kind of legislation didn’t come from a bunch of labor radicals. Rather it was the brainchild of two Republican U.S. senators, James J. Davis of Pennsylvania and Robert L. Bacon of Long Island, New York.

In 1927, Bacon was angered to learn that an Alabama contractor won a bid to build a veteran’s hospital in his district, bringing in poorly treated workers to do the job. In his words, they were “herded onto this job, they were housed in shacks, they were paid a very low wage, and … it seems to me that the federal government should not engage in construction work in any state and undermine the labor conditions and the labor wages paid in that state.”

In his view, setting locally based wage standards for public projects would ensure fairness and allow local and distant contractors to compete for bids on an equal basis.
Davis believed that the government had a responsibility to “comply with the local standards of wages and labor prevailing in the locality where the building construction is to take place.”

Their legislation, known as the Davis-Bacon Act, was passed in congress in 1931 and became the model for state prevailing wage laws, including the one that used to protect West Virginia’s workers and contractors.

Opponents of the legislation, who, as far as I can tell, are also opponents of working people generally, argued that repealing the legislation would save taxpayers money.
For example, Senate Finance Committee Chairman Craig Blair, R-Berkeley, argued at the time that “without prevailing wage, you could build five schools for the price of three.” He also claimed that the repeal would save the state $200-300 million annually.

If that really happened, the state would have a huge budget surplus. Instead, the governor has ordered $100 million in cuts due to a budget shortfall.

And the School Building Authority reported in 2017 that, while workers’ wages had gone down on school projects since repealing prevailing wage, “the overall cost of school construction does not reflect a reduction of overall construction costs on SBA projects at this time. At this time the SBA is not realizing an overall savings that would allow for the construction of ‘five new schools for the price of three,’ as some have previously claimed.”
What did go down were the inflation-adjusted wages of carpenters, electricians and operating engineers.

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Labor leader says square footage increase shows prevailing wage repeal hasn’t worked (WV)

By Jeff Jenkins in News
November 10, 2019 at 4:11PM

CHARLESTON, W.Va. –

School superintendents from dozens of counties will appear before the state School Building Authority next week in hopes of convincing the SBA to fund their school construction projects in the latest round of “Needs” grants. A recent move by the SBA will allow some of those counties to seek more money for their projects.

The SBA last week approved a 20 percent increase in allowable square footage costs for new school construction.

“We’re seeing trends in square foot costs that affect all projects so we thought it was prudent for us to raise the maximum amount a county could request up to 20 percent higher,” SBA Director of Architectural Services Ben Ashley said.

A West Virginia labor leader said the increase is further proof the the legislature’s decision to repeal the state’s Prevailing Wage law in 2016 hasn’t worked.

“It’s true that costs have gone up but it’s kind of surprising that with the repeal of prevailing wage they are recognizing this,” West Virginia Affiliated Construction Trades Foundation Director Steve White recently told MetroNews. “You get what you pay for and the school systems are finding out when low-wage labor is used it’s causing all sorts of problems and costing them more.”

In 2016 the Republican-led legislature wiped out the long-held practice in West Virginia where the government surveys contractors to determine the minimum level of pay for a variety of classifications of jobs on state-funded projects, such as schools.

Supporters of prevailing wage argued prevailing wage provided a living wage for workers, while keeping out-of-state contractors from undercutting West Virginia construction companies and workers. Those favoring the repeal said the state overpaid millions of dollars for projects with the flawed survey system.

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This Labor Day, parade passes West Virginians by (WV)

Sep 1, 2019

The first Labor Day was celebrated in New York City in 1882. The highlight of the day included a parade by thousands of workers from city hall to Union Station. But with the repeal of prevailing wage, the parade is passing most West Virginians by this holiday weekend.

Prevailing wage is the local “going rate” for construction work. Essentially, it is a market-based minimum wage with benefits for local construction workers.
Since 1931, both under Republican and Democratic control, Congress has made a federal prevailing wage the law of the land. Prevailing wage receives strong bipartisan support because it creates a level playing field for contractors by ensuring that public expenditures reflected local market standards for compensation and craftsmanship.

But leaders in the West Virginia Legislature decided to march to the beat of a different drum by tossing out the going rate altogether.

Many argued the state could further stretch its tax dollars by building five new schools for the price of three. However, a recently released study finds that West Virginia taxpayers saved absolutely nothing from prevailing wage repeal.

Conducted by the University of Missouri-Kansas City and the Midwest Economic Policy Institute, the study determines that not only has the state failed to save any money, it backs up a previous report by the West Virginia School Building Authority (SBA).

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Building better communities through construction workforce development

PUBLISHED – Sept. 23, 2019

A Growing Workforce Trend

More and more often, public agencies are incorporating workforce hiring requirements into their construction contracts. For those who are unfamiliar, these stipulations typically require the contractors that are awarded contracts by the agency to employ a workforce that meets certain thresholds of demographic criteria. For example, one of the more common trends that local entities push for is an increased rate of local hires.

Typically, the contracting agency sets a benchmark on a project that the contractors must meet. In this example, contractors must maintain that a certain percentage of the workers on the project must reside within the city or county in which the project takes place (alternatively, the percentage of total hours worked on the project can be used as a measure). The primary motive of the agency here would be to ensure that the residents of the community are the ones benefiting most from public funds used on this project to maximize the return on taxpayer dollars. This discourages the outsourcing of skilled labor, a not-so-uncommon tactic that some contractors might try in order to cut recruiting and hiring costs. (Remember, the use of local labor is one of the reasons the Davis-Bacon Act was created in 1931.) The benefit that the public entity realizes from these hiring requirements is compounded. Not only are stable career opportunities created for local residents, but the workers’ disposable income may contribute to the local economies and provide additional tax revenue that would have otherwise been displaced along with the transplanted workers once the project was complete.

Another commonly tracked statistical measure that is vital to the longevity of the industry’s success is that of apprentices or on-the-job trainees (OJTs). These recruits are crucial because of the industry’s dependency on new labor entering the market. As many government professionals might already be aware, one of the most common obstacles contractors face daily is obtaining and retaining a sufficient quantity of skilled labor to complete their projects on time and on budget. It has been no secret that the industry has struggled to replenish voids left by retiring workers as socio-economic pressures have increasingly influenced youth to pursue college degrees and white-collar jobs over manual labor (even despite its enticing stability and benefits). This obstacle, among a plethora of others, has kept the industry in a constant battle searching for new skilled labor to keep up with the demand for construction projects.

A New Opportunity

This struggle, however, has positioned the industry in a unique situation. In fact, many feel that this challenge has presented a potential goldmine opportunity. It has left the door open to target new sources of untapped potential in traditionally under-utilized pockets of demographics, giving industry players a chance to fill the labor deficit while also providing career opportunities to individuals who need them the most.

Some localities have taken these hiring requirements to the next level to address these under-represented communities like minorities, the economically impoverished, or other disadvantaged groups. By working together with workforce training programs and supportive services that cater to these individuals, various entities across the country have successfully made a difference in lifting up the most deserving members in their communities with stable careers.

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Workers on Digi-Key project paid back wages after violation (MN)

By: Brian Johnson
October 1, 2019

At least three concrete workers on the $300 million Digi-Key expansion project in Thief River Falls have received thousands of dollars in back pay after a state agency found that a project subcontractor violated state wage laws.

In a Sept. 24 letter to concrete worker Franklin Flores, an investigator with the Minnesota Department of Labor and Industry said Flores’ employer, Millennium Concrete, was “in violation of state labor standards and prevailing wage laws.”

Millennium owed back wages for work performed between April 1 and Dec. 1 of last year, according to the letter.

A laborers’ union official who assisted the employees confirmed to Finance & Commerce that three affected workers each received checks “in the $8,000 to $9,000 range” along with the letter from the department.

Illinois-based McShane Construction is the general contractor on the Digi-Key project.

“While McShane is not aware of the number of workers involved or amounts due them, we are pleased the wage issue is being resolved,” McShane President Jeff Raday said in an email. “We mandate that all of our subcontractors comply with all federal and state minimum wage requirements, including compliance with prevailing wage requirements on projects subject to the Davis-Bacon Act. We are committed to fair compensation for each and every worker on our job sites.”

The Minnesota and North Dakota chapter of the Laborers Union International of North America and others raised concerns about potential prevailing wage violations on the state-subsidized Digi-Key project last June.

“We were happy to finally see it in writing that there were prevailing wage violations. This isn’t just us speculating on it,” Kevin Pranis, the union’s marketing director, said in an interview Tuesday.

Flores and the two other workers, Jairo Cruz and Walter Torres, filed a complaint with the Minnesota Department of Human Rights last week. The complaint alleged the workers suffered discrimination and mistreatment while working on the Digi-Key project.

Cummins & Cummins, a Minneapolis-based law firm, is representing the workers in the human rights claim.

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Kentucky lawmakers push for $15 minimum wage (KY)

by: Wave 3 News
August 20, 2019 at 9:53 PM EDT

(WAVE) – Pre-filed legislation would raise the minimum wage for workers in Kentucky.

Sen. Reggie Thomas, D-Lexington, and Rep. Kathy Hinkle, D-Louisa, filed Bill Request 132 and Bill Request 237, respectively.

The bills call for a large increase of the state’s minimum wage over the next seven years.

It would increase to $15 an hour by 2027.

“I have pushed to have this heard before,” Thomas said. “I’m not going to stop. Just because you have a first strike and second strike doesn’t mean you stop swinging.”

Added Hinkle: “It is time for us to step up to the plate and take care of our citizens, and that is what we are sent here to do.”

The General Assembly will take up the matter in January.

(See Article)

Construction wages cut in half by new prevailing wage rules (MO)

By KTTN News | 08/29/2019

According to Jeff Phillips, Communications and Outreach Manager of the Laborers International Union of North America in St. Joseph, construction workers in many rural Missouri counties are working for less this Labor Day holiday.

Missouri’s new prevailing wage law has cut wages for construction workers in many counties, sometimes by more than half. The new formula that calculates the wage for public works projects was approved by Missouri lawmakers last year and went into effect on July 1st.

One of the counties hardest hit was Grundy County in northwest Missouri. The new prevailing wage for construction laborers on building projects is $19.81 an hour, as compared to $39.56 an hour in 2018. Heavy highway laborers this year will earn $19.81 an hour, down from $40.63. The higher wage often included benefits like health insurance and pensions. The new wage applies to all construction crafts in Grundy County.

“This is not a union problem. It hits everyone who works construction, union, and non-union, across all trades,” said Jason Estes, Business Manager of Laborers Local 579 in St. Joseph. “These pay cuts are hitting many of our rural counties hardest, where construction wages are the best jobs available in these communities. These are the people and places who need these family-wage jobs most.”

The new law calculates the wage based on public works projects with more than 1,000 hours worked, and a project cost of more than $75,000. The wages are broken down into two categories: Building, which includes projects like schools, and state and local government facilities; and Heavy Highway, which includes any local, county, state or federal road or bridge.

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