Prevailing Wages

News & Analysis as of

N.J. Supreme Court Rejects Defense of Federal Labor Law Preemption of CEPA Claim in Underlying Unpaid Wage Action

On August 16, 2016 the N.J. Supreme Court held, in a 6-0 opinion, that neither the federal Labor Management Relations Act nor the National Labor Relations Act preempts a claim under the Conscientious Employee Protection Act...more

Oregon Law to Affect Pay Stubs, Time and Pay Records, and Wage Theft

The State of Oregon has enacted a new law, SB 1587, designed to increase transparency with respect to employee pay, prevent wage theft, and expose wage and hour violations. Generally, the law will require employers to provide...more

Court of Appeals Holds CityCenterDC P3 Not Subject to Davis Bacon Requirements

Public agencies and private entities are increasing collaboration to develop, operate and maintain a variety of transportation and building projects. The involvement of a public agency in these “public-private partnerships”...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

CalCIMA ‘Checklist’ for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers

In 2015 the California State Legislature passed AB 219, a bill that extends California prevailing wage requirements to ready mixed concrete suppliers, effective July 1, 2016. The new law represents a sea-change in...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Are Private Development Projects Covered by Prevailing Wage Laws?

When a governmental entity contracts with a general contractor to build a community center on government-owned land, the question of whether prevailing wages are required for workers on that project is easily answered. If...more

Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of...more

Davis-Bacon Act Not Applicable to D.C. Public-Private Partnerships

In a sharp rebuke to the Obama Administration's Department of Labor (DOL), a unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the Davis-Bacon Act does not require payment of...more

The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

Behind the scenes a quiet war is raging. A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state and local public works projects, on the other....more

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks: March 2016

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee....more

Carnival company voluntarily dismissed from H-2B prevailing wage class action

Last week, plaintiffs from a proposed class action involving H-2B visa guest workers voluntarily dismissed a Florida amusement park company from the pending litigation. The case involves the prevailing wage rate offered to...more

West Virginia, “Right-to-Work” and “Prevailing Wage” - What Does This Really Mean for Employers?

Less than a month ago, the West Virginia Legislature overrode the veto of Governor Tomblin to enact the “Workplace Freedom Act” – commonly called the Right-to-Work bill – and eliminated the requirement that state contractors...more

What Can Employers Expect from the 2016 Connecticut General Assembly Session?

On February 3, 2016, the 2016 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 4, 2016. Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

5 Key Developments in the H–2B Temporary Non-Agricultural Workers Program

On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to...more

New Jersey Supreme Court Takes on Preemption of CEPA Whistleblower Claims

On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more

California Employment Law Update: What’s New for 2016?

The California legislature continued its focus on expanding legal remedies for employees in California. Many of the new laws for 2016, such as the Fair Pay Act and expanded Labor Commissioner powers, make significant changes...more

Missouri Department of Labor Issues Important Memo on Prevailing Wage

The Missouri Department of Labor (DOL) has issued a very important memo impacting all Missouri construction companies performing work on Missouri prevailing wage projects. The memo clarifies Prevailing Wage Law, Sec....more

New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California

In January 2016, two new laws go into effect that will change the face of various public and private construction projects in California. These new rules represent the latest in an ongoing effort by the State Building and...more

2016 California Construction Law Update

The California State Legislature saw the introduction of 2,297 bills during the first half of the 2015-2016 legislative session of which 1,010 bills were signed into law....more

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

DOL Refuses to Forgive Clerical Error on PERM Application

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

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