prevailing wages not paid

[dodgeman]

What is the name of your state? California

I work for a commercial landscape company, the problem I am having as well as the other employees is that our employer is not paying the wages he should be. For instance, I work as a landscape forman/assistant superintendant and am paid an hourly rate, we only do prevailing wage and state jobs, but my employer doesn't pay the rate we should be getting. In talking to the office manager she stated " it depends on how we classify you as to what you get paid" which kinda makes sence, but if I'm working in the capacity of a forman/ assistant superintendant and running the job as well as the employees on that job how can they " classify " me any different?what are the legal issues here? If I went back on them for the back pay for the last 3 years they would owe me in excess of $100,000.00 and probably alot more than that, I feel that if i do something I will not only lose my job but never be able to work in the industry in this state anymore as they are a large company with alot of contacts.please help!

 

[Beth3]

we only do prevailing wage and state jobs You need to explain what you mean by that.

If you work in the private sector and unless there is some contract in place to the contrary (whether between you and the employer or the employer and the client), your employer is under no obligation to pay you more than minimum wage regardless of the type of work you do. In theory, the CEO need not be paid more than minimum wage.

 

[HomeGuru]

What is the name of your state? California

I work for a commercial landscape company, the problem I am having as well as the other employees is that our employer is not paying the wages he should be. For instance, I work as a landscape forman/assistant superintendant and am paid an hourly rate, we only do prevailing wage and state jobs, but my employer doesn't pay the rate we should be getting. In talking to the office manager she stated " it depends on how we classify you as to what you get paid" which kinda makes sence, but if I'm working in the capacity of a forman/ assistant superintendant and running the job as well as the employees on that job how can they " classify " me any different?what are the legal issues here? If I went back on them for the back pay for the last 3 years they would owe me in excess of $100,000.00 and probably alot more than that, I feel that if i do something I will not only lose my job but never be able to work in the industry in this state anymore as they are a large company with alot of contacts.please help!

**A: yes, it does not make sence to me too.

 

[095489487]

I handle payroll for a contractor in New York state. If you are doing prevailing rate work for the state the wage rates are supposed to be posted on the jobsite and therefore you can check them to see if you are being paid the correct amount. Also the contractor must provide the owner ( my case NYS dept of tranportation) with certified payroll reports which must show the employeer is paying the prevailing wage. I would check with your dept of labor and see if they can help you.

 

[dodgeman]

follow up

what I meant by prevailing wage is, there is a set rate ,I believe mandated by the state , for each and every person on a particular job, example: say someone was working as a laborer in the landscape industry in private work he would probably make between minimum wage and $8.00 per. hour but on a prevailing wage job the rates are higher probably around $12.00- $14.00 per. hour and they are posted on the job sites. According to the rates i have seen, with my job duties, I should be making $24.68-$32.46 per. hour. I am actually making less than $19.00 an hour and Like I previously said the office says it depends on how they classify us. As far as I know you are required to have at least one foreman on the job and if their not paying the wage then they cant be saying they have a foreman on the job as this is a certified payroll. Unless they are falsifiing the books some how.