Mendoza says she’ll withhold pay from capital plan contractors who don’t pay prevailing wage (IL)

By Doug Finke
Posted Aug 13, 2019 @ 5:21 pm

Comptroller Susana Mendoza said Tuesday her office will monitor contracts awarded under the state’s new $45 billion capital program to ensure contractors are adhering to prevailing wage laws.

If someone doesn’t, Mendoza said, her office will take steps to halt any payments until the contractor comes into compliance.

“We know (prevailing wage) is the law, but not everybody follows it,” Mendoza said. “What we have is a $45 billion capital plan that we are about to embark on. Anything we can do to make sure that state taxpayer dollars are being utilized (in a way that) that state law says that they must is important to get the word out and educate the public.”

Mendoza said her office will monitor and conduct preaudits of contracts and grants awarded under the Rebuild Illinois capital plan. She said her office is prepared to receive complaints from people who are aware of prevailing wage violations and will also work with the Department of Labor on complaints it receives. Attempts will be made to bring a contractor into compliance, but if all else fails, the office has a nuclear option.

“What we have the ability to do that no other state agency or no other constitutional officer has the ability to do is withhold payment,” Mendoza said.

Mendoza acknowledged the problem of prevailing wage violations is not widespread.

“Every now and then we get complaints of folks who are in violation,” she said.

Mendoza said contractors with the state have to check a box on forms pledging to adhere to the prevailing wage, so the existence of the law should come as no surprise.

Some Republicans, notably former Gov. Bruce Rauner, believed the prevailing wage law forced up the cost of public works projects.

“I disagree with this being framed as bloated and higher costs,” said Illinois AFL-CIO President Michael Carrigan. “Prevailing wage is a product of collective bargaining. Unions and employers sit down and have hard negotiations across the table. Those are a product of negotiation.”

Former Comptroller Dan Hynes, who is now a deputy governor in Gov. J.B. Pritzker’s administration, signed a similar executive order in 2002. However, enforcement of the order has fallen off in recent years.

(See Article)

Other Views: Prevailing wage laws have widespread support (WI)

By Andrew Disch
July 10, 2019

A spokesperson for Wisconsin Manufacturers & Commerce recently told the Wisconsin State Journal, “We don’t want to make it too comfortable to remain unemployed.” Currently, the maximum weekly unemployment benefit is $370. Who on this planet describes $370 a week as “comfortable”?

The president of the Associated Builders & Contractors has cited “inflated wages” in opposition to prevailing wage. Are rising wages on Main Street somehow a bad thing?

The perspectives from corporate groups such as WMC and ABC are relevant to understand their criticisms of prevailing wage laws.

Now here’s a mainstream perspective:

Prevailing wage laws require that construction workers on public construction projects be paid wages offered on similar jobs sites by local Wisconsin workers. It is widely recognized there is a worker shortage in the trades, and in order for the next generation to pursue these careers, it needs to make financial sense.

Should we expect a person who completes a multiyear apprenticeship program and performs physically demanding work in extreme conditions be paid wages so low that they are unable to obtain a middle-class lifestyle?

Prevailing wage and Wisconsin’s low bid law have held a close association. (The low bid law generally requires public construction projects be awarded blindly to the lowest bidder). While opponents of prevailing wage frequently mention the “free market,” certainly they would agree that the low bid law falls outside of it.

When building a house, most consumers conduct some investigation into the credibility of the builders submitting bids rather than accepting the lowest bid sight unseen. That is the free market. Prevailing wage ensured a level playing field among bidders within the low bid system. It held accountable out-of-state contractors that don’t pay Wisconsin taxes or Wisconsin wages.

Since prevailing wage’s repeal, these carpetbagging shops increased their share of public work here substantially.

Andrew Disch is the political director for the North Central States Regional Council of Carpenters.

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Amendment to New Jersey’s Prevailing Wage Act Significantly Expands the Authority of the Commissioner (NJ)

July 31, 2019
CSG Labor & Employment Alert

Effective July 9, 2019, employers who fail to pay prevailing wages to employees working on projects in New Jersey subject to the Prevailing Wage Act (“Act”) may be subject to the issuance of stop-work orders by the Commissioner of Labor and Workforce Development (“Commissioner”).

The recent amendment to the Act grants the Commissioner significantly greater authority to issue stop-work orders, providing that:

  • The Commissioner can immediately issue a stop-work order to an employer regardless of whether the matter was referred to the Attorney General, if an initial determination was made that the employer has violated the Act by paying employees less than the prevailing wage.
  • A general contractor has the right to immediately terminate a subcontractor who has been issued a stop-work order.
  • A stop-work order remains in effect until the Commissioner issues an order stating otherwise.
  • The Commissioner may require an employer to file periodic reports with the Department of Labor and Workforce Department (“DOL”) for up to two years as a condition for release from a stop-work order.
  • An employer that conducts business in violation of a stop-work order will be subject to penalties for up to $5,000 for each day that it conducts business in violation of the stop-work order.
  • Upon receiving a complaint or as part of a routine investigation of potential violations of any wage and hour law, the Worker’s Compensation law, or the Unemployment Compensation law, the Commissioner or his/her agent can enter a place of employment during business hours to, among other things, examine payroll and other records and interview employees.
  • The Commissioner is empowered to subpoena witnesses, books, and records, and employers can be fined no less than $1,000 for each day the employer fails to comply with the subpoena.
  • The Commissioner can issue a stop-work order if it is determined that an employer has violated any wage and hour law, the Worker’s Compensation law, or the Unemployment Compensation law.
  • An employer which has been issued a stop-work order has the right to appeal the decision within 72 hours.
  • Instead of issuing a stop-work order, after determining that an employer is in violation of the Act, the Commissioner may transfer the case to the Division of Workers’ Compensation for investigation.

(Read More)

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Personal Liability for Prevailing Wage Violations in Massachusetts (MA)

JD Supra
June 18, 2019

Owners of a Massachusetts waste collection, recycling and removal company recently were held personally liable for their failure to pay their employees at prevailing wages. See Donis v. American Waste Services, LLC, 95 Mass.App.Ct. 317 (2019). Under Massachusetts law, wage violations are subject to triple damages and payment of attorney’s fees.

The waste services company entered into contracts with several Massachusetts towns that required compliance with prevailing wage laws at hourly rates of $20 — $24. However, the company paid workers $16 — $17 an hour, or at flat day rates. The company tried several unsuccessful defenses: (1) the towns did not always provide the company with current rate schedules (rejected because the company could obtain them elsewhere); (2) the flat day rates paid to employees properly compensated employees because employees did not always work eight hours (rejected because the company did not keep adequate time records); and (3) employees should not be able to recover for claims under both a prevailing wage claim and a Massachusetts Wage Act claim (rejected because employees can bring both claims).

This case stands as a reminder that companies and their officers must follow prevailing wage laws and failure to do so can result in personal liability for three times the amount of money a company fails to pay its employees.

(Read More)

Missouri releases first prevailing wage rates following 2018 overhaul (MO)

Alisha Shurr
July 3, 2019

JEFFERSON CITY, Mo. – Following a sweeping overhaul of the prevailing wage system last year, Missouri has set the first rates under the alterations.

On Wednesday, the Missouri Department of Labor and Industrial Relations (DOLIR) announced the prevailing wage rates for FY 2020 and are now in effect for use on all Missouri public works construction projects.

During the 2018 regular session, the Missouri General Assembly gave its stamp of approval to HB 1729, championed by GOP Rep. Jeffrey Justus, after hours of debate and compromise.

The compromised language was not a total repeal, as was originally proposed, but instead laid out more specific criteria for the calculations used to decide the prevailing wage.

One provision states if there are less than 1,000 reportable hours for an occupation in that locality, the public works contracting minimum wage would be equal to 120 percent of the average hourly wage in a particular locality.

The reason for this, according to supporters, was heavily populated areas, such as St. Louis County or Jackson County, were dictating the wages in nearby rural areas. The intent of the provision was to make the wages more reflective of their respective localities.

The changes do not impact projects worth less than $75,000.

Under the prevailing wage in effect, a carpenter in Jefferson County would earn $54.69 an hour while a carpenter in Macon County, where less than 1,000 hours were reported, would earn $18.78 an hour.

The Annual Wage Order contains prevailing wage rates for each occupational title in each county and the city of St. Louis. The prevailing wage is the minimum rate that must be paid to workers on public works construction projects in Missouri, such as bridges, roads, schools, and government buildings.

Additionally, the Division of Labor Standards provided the General Wage Order to the Missouri State Highways and Transportation Commission that lists the prevailing wage rates for construction projects by the Missouri Department of Transportation.

DOLIR’s Division of Labor Standards is responsible for gathering wage information from public and private commercial construction projects statewide on an ongoing basis from contractors. The wage information is used to determine wage rates for each of the 20 different occupational titles for every Missouri county and the city of St. Louis.

Annual Wage Order No. 26 is now in effect and is available at labor.mo.gov/prevailing-wage. Public works contractors and public bodies are advised to contact the Division of Labor Standards for additional questions or information via email at prevailingwage@labor.mo.gov or by phone at 573-751-3403.

(See Article)

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Krizek presses for prevailing wage law in Virginia (VA)

June 28, 2019
By State Del. Paul Krizek (44th District)

Virginia is one of just eight states that has never had a prevailing wage law. A majority of states do.

Construction workers on projects covered by prevailing wage laws must be paid the minimum “prevailing” wage and benefit levels that vary by occupation and geographical areas.

The best known prevailing wage law is the federal Davis-Bacon Act, a bipartisan bill from 1931 that applies to all construction with $2,000 or more in federal funding.

Previously, I introduced a prevailing wage bill in the General Assembly in an effort to prevent low bidders on state works projects from undermining local area wages.

Though it didn’t pass, I expect that with a majority democratic General Assembly after the November elections, such a bill has much better odds of passage.

That is a good thing for not just local construction workers who won’t have to worry about their wages going down, but also to our Virginia economy, which will benefit because it supports local businesses with increased productivity, safety and quality workmanship, and provides the taxpayer with high-quality public works projects.

Three things can happen when big construction jobs are bid out without a prevailing wage. First, cut-rate contractors from out of state, or out of the country, may come in hiring less-trained workers and undermining the local market rate, thus bringing down wages for all local workers similarly situated; second, they take taxpayer dollars back to their home states; and finally, they do not invest in worker training.

The old argument that a prevailing wage raises overall construction costs is a fallacy, as higher construction wages are often offset by greater productivity, better technologies, and other employer savings, such as through increased safety.

In fact, in Ohio, “The Economic, Fiscal, and Social Effects of Ohio’s Prevailing Wage Law” peer-reviewed research study, which took 16 years, showed that there was no increase in construction costs based on their prevailing wage.

Furthermore, prevailing wage laws increase the supply of apprenticeships and worker skills. Because, without a prevailing wage law, most construction workers change employers when they move from project to project, so employers have little incentive to invest in worker training.

Finally, worker safety increases because the skilled workers know what they are doing on dangerous work sites, and that saves on workers’ compensation costs and work hours lost to injuries.

The solution is to pay a prevailing wage rate that would be determined by the Commissioner of Labor for public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act.

Then, these workers will have increased consumer purchasing power and spend the bulk of their money in our local community.

They pay taxes locally and at the state level, so it’s no surprise that states with strong prevailing wage laws have more money for schools, healthcare facilities, infrastructure, public safety, and vital services for our communities and our fellow citizens.

Enacting a prevailing wage will grow the economic pie for all Virginians. I’m proud to have patroned this legislation and I look forward to its passage, as it is a top priority of mine.

(See Article)

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Labor says study proves ending prevailing wage was a mistake (WV)

By MetroNews
May 21, 2019 at 2:07 PM

CHARLESTON, W.Va. – The organization which represents skilled tradesmen in West Virginia believes a new study out of the University of Missouri-Kansas City is clear evidence the removal of the prevailing wage requirement in West Virginia was a mistake.

The Affiliated Construction Trades Foundation released the findings from the Midwest Economic Policy Institute which examined West Virginia’s state funded construction costs three years after the legislature eliminated a requirement for payment of a prevailing wage on state funded construction jobs.

“The report finds there has been no savings,” said ACT Foundation Executive Director Steve White on MetroNews Talkline. “This experiment to bring savings has failed.”

Supporters of the removal of the prevailing wage requirement claimed the action would enable to the state to enjoy enough savings to build five new schools for the cost of three. White said the data from the study found quite the opposite. He said the study found no savings to taxpayers, despite diminished wages for the laborers on the job.

“Building four schools for the price of three or five for the price of three would be a 25 percent savings,” White said. “It’s totally untrue.”

White said many of their members have lost not only wages, but also lost benefits because of the provision’s removal.

“When you compare it to surrounding states, they’ve lost even more,” he said. “The folks in surrounding states that have prevailing wage have seen modest increases. You’ve seen huge cuts in wages and benefits.”

White and his organization plan to use the data to build their case for the legislature to reinstate the prevailing wage law in the next legislative session. White said the provision has done more harm than good, despite what it was touted to have been in the beginning.

“We want good paying jobs and we want people to have good benefits,” he said. “There’s also cost to the taxpayer when people are not paid and not productive and don’t have those benefits.”

(Read More)

(See PDF of Study)

 

A Massive Win For Building Trades Workers As Prevailing Wage Law Passes Legislature (NH)

5-3-19
Posted by NH Labor News

The House of Representatives voted 213-140 yesterday to pass SB 271, which would require prevailing wages on state-funded public works projects.

“All workers employed by or on behalf of any contractor, subcontractor, or hiring agent engaged in the construction of public works for the state of New Hampshire or any agency, officer, board, commission, or authorized agent of the state shall be paid a wage of not less than the minimum prevailing hourly rate of wages and benefits for work of a similar character in the county in which the work is performed.”

This new law would ensure that workers are paid fairly for the work they are doing and mandates payroll requirements to ensure that workers are being paid properly. Along with ensuring proper payments to workers the bill provides protections for the state agencies to withhold payment for contractors who fail to meet the prevailing wage requirement and bars them from future contracts.

Representative Brian Sullivan (D-Grantham), Chair of the House Labor Committee, released the following statement:

“Reestablishing a prevailing wage law in New Hampshire will ensure that construction workers receive fair wages on jobs funded by New Hampshire tax dollars. Prevailing wage standards assure that state construction projects are awarded to contractors that produce efficient, high quality work, and help keep local tax dollars in the state, going to local workers and local companies. It is past time that New Hampshire joins its New England neighbors in enacting this common sense policy, which assures competitive wages are paid on taxpayer-funded projects.”

Senator Feltes (D-Concord), the prime sponsor of SB 271, released the following statement after the vote:

“Prevailing wage laws ensure that construction workers receive fair wages and help keep New Hampshire taxpayer dollars going to local workers and local companies. It’s great to see the Senate take the first step to make tax dollars work for New Hampshire working families by joining our New England neighbors to enact this common sense policy.”

(Read More)

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My Turn: The conservative case for a prevailing wage (NH)

By TROY MERNER
Published: 5/8/2019 12:10:20 AM

There’s an old saying that the best social welfare program is a “good-paying job with excellent benefits,” and I couldn’t possibly agree more. While most elected officials agree with this idea in principle, we often disagree on the best path forward. New Hampshire has some of the best-trained and hardest workers in the country, and it’s high time we treated them accordingly. This is why I’m asking my fellow Republicans to support Senate Bill 271 and finally establish a prevailing wage in New Hampshire.

Prevailing wage law states that contractors must offer competitive wages and benefits on taxpayer-funded projects. This accomplishes two things: First, it ensures that public projects enjoy a quality of workmanship that cut-rate contractors cannot provide, saving taxpayers millions of dollars over the long term. Second, it affords locally trained New Hampshire workers the ability to work close to home. Many of our best-trained workers are forced to seek employment in neighboring states where prevailing wage ensures that pay is higher, while local construction jobs go to out-of-state contractors offering a lower quality of service.

A recent study by economists at the Keystone Research Center, a nonpartisan economic policy organization, concluded that establishing a prevailing wage in New Hampshire would add up to 4,000 local jobs to our economy because it would diminish out-of-state contractors’ ability to undercut our local workforce. This law would also provide health coverage to approximately 2,500 construction workers – reducing the number of our hard-working men and women who rely on the government for assistance. The same study concluded that passing a prevailing wage would increase economic activity by $680 million in New Hampshire and raise up to $17 million in new state and local tax revenue.

Passing a prevailing wage also establishes an enforcement protocol to ensure that contractors don’t miscategorize workers or hire undocumented workers to artificially lower their bids. This malicious practice both undercuts our local workforce and provides a lower quality of service on taxpayer-funded projects.

(Troy Merner, a Lancaster Republican, represents Coos District 7 in the N.H. House of Representatives.)

(Read More)

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Nevada Gov. Steve Sisolak signs bill restoring prevailing wages (NV)

May 28, 2019
Geoff Dornan

Gov. Steve Sisolak on Tuesday signed legislation repealing changes made by the Republican dominated 2015 Legislature that weakened Nevada’s prevailing wage laws.

The GOP raised the threshold for projects to require contractors pay prevailing wage from $100,000 to $250,000. They also directed the Labor Commissioner to set prevailing wages for public school and higher education construction projects at 90 percent of what would be required for other public works projects.

AB136 repeals both of those changes, restoring the law to what it was before 2015.
In addition, he signed SB231 which repealed language basically prohibiting contractors and subcontractors from entering into or adhering to any agreement with labor organizations when working on public projects. SB231 eliminates language that strongly discouraged public bodies from hiring contractors who have agreements with unions and prohibits public bodies from awarding grants, tax abatements credits or exemptions to contractors that enter agreements with labor organizations.

Sisolak said he was keeping his campaign promise to “return prevailing wage to public construction projects.”

He said that will help guarantee public construction projects are built by highly qualified workers and increase competition among those contractors.

(Read More)