Cheating on prevailing wages

[Dawn]

Public work contracts specify that the employer is to pay prevailing wages which include base wages plus benefits. Employer does not pay benefits as stipulated and only pays base wage. They falsify certified payroll to make it appear as if they are paying both. Example base wage $21.50 hour, benfits $11.00 hour. If 40 hours are worked within one week, gross pay should be $1300 however, the employer is only paying the gross amount of $860 and documenting the hours worked as 26. This is what the paystub reflects. Employees hand in timecards, Supervisors hand in daily reports of actual hours worked. Recently the employer would not release paychecks to the employees without them first signing a falsified time card correlating with the false paystubs. Here is the question...Can the employee be implicating in the fraud if he signs the time card and/or cash the paycheck?

 

[Attorney_Replogle]

Technically I am sure many prosecutors would say yes. However, that ignores the reality that there is an inherently unfair bargaining advantage. In other words, the company can certainly get along for a month or two without being paid whereas the typical employee is living from paycheck to paycheck. So you are in effect having an extortion going on here. Given the serious charges involved I strongly urge you to speak with an employment law attorney near you ASAP. You can find one at attorneypages.

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Mark B. Replogle