News & Analysis as of

Prevailing Wages

Double Deja Vu: AB 219 is Reinstated!

PREVAILING WAGE LAW is California’s “other” minimum wage. It requires workers to be paid union wages on publicly funded construction projects. ...more

Davis-Bacon Act Repeal Efforts Renewed

by Alston & Bird on

Republican members of Congress have renewed steps to repeal the Davis–Bacon Act, which sets the prevailing wage requirements for workers employed under federally funded or assisted contracts for the construction, alteration,...more

Latest Executive Order Poised to Reform H-1B Visa Program

by Strasburger & Price, LLP on

On April 18, 2017, President Trump signed an Executive Order entitled “Buy American and Hire American” whereby the executive branch confirmed its intent to “rigorously enforce and administer the laws governing entry into the...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

Dorsey’s Artin Betpera Advocates on Behalf of the Mortgage Industry with the California MBA at the State Capitol

by Dorsey & Whitney LLP on

It’s sure been busy at our State Capitol here in California this week. While the Legislators were furiously debating an increase in our state gas tax (already one of the highest in the nation), the California Mortgage Bankers...more

Demise of Bill Requiring Prevailing Wages for TIF-Funded Construction Contractors

by McGuireWoods LLP on

Maryland General Assembly House Bill 466, which would have required contractors to pay prevailing wages for construction funded by tax increment financing (TIF) bond proceeds, received an unfavorable report from the Economic...more

Wiener’s Streamlined Infill Housing Approvals Legislation Continues to Move Forward

We reported in December that State Senator Scott Wiener marked his first day in state office by introducing legislation (SB 35) to address barriers to housing production. Senator Wiener has introduced amendments to SB 35 that...more

Union Fund Uses NY False Claims Act to Blow Whistle on Prevailing Wage Violator and Recover $33,750

by Genova Burns LLC on

In the first reported case of its kind in New York, in February a union fund received a five-figure settlement payment from a Harlem-based general contractor that worked on a New York City affordable housing project after the...more

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

by Benesch on

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill...more

Congress Considers Visa Bill Ahead of Expected Immigration Executive Order

by Jackson Lewis P.C. on

Perhaps anticipating an Executive Order from the White House on business immigration reforms, Representative Zoe Lofgren (D-Cal.), who represents Silicon Valley, has introduced a bill that calls for many reforms....more

Beginning of the End for Davis-Bacon?

The federal prevailing wage statute, known as "Davis-Bacon," has been in place for over eighty years. In essence, it requires that union wages be paid on all federal construction projects....more

Immigration Under the New Administration: H-1B Visas and What to Expect

by Holland & Knight LLP on

With the Trump Administration taking office, it is expected that changes to immigration policies will be carried out swiftly and, to a large extent, in an unapologetically straightforward manner. While the initial public...more

Kentucky Passes Right-to-Work Law: FAQs on What This Means to Kentucky Employers and Their Employees

by Jackson Lewis P.C. on

Kentucky has passed House Bill 1, the Kentucky Right to Work Act, making Kentucky the 27th state to adopt right-to-work legislation....more

Kentucky Becomes the 27th Right-to-Work State and Repeals Its Prevailing Wage Law

In lightning-fast fashion, Kentucky became the 27th state to enact right-to-work legislation over the weekend. After the 2016 elections, in which Republicans took control of the Kentucky House of Representatives for the first...more

2017 California Employment Law Update

Below are some of the new laws going into effect this year that affect the construction industry. Unless otherwise noted, the laws go into effect on January 1, 2017....more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

2017 California Construction Law Update

To say it’s been an exciting year in politics would be an understatement. While most of the nation’s attention was focused on the presidential election, state legislatures, including California’s, were busy at work. The...more

Charter Cities: No Longer an Oasis From CA Prevailing Wage

The Number of Charter Cities Exempt from Prevailing Wage Has Dropped from 52 to Almost None in Less Than Two Years - A charter city is a city that governs itself by adopting a "charter" - sort of a municipal...more

Failing to Pay Proper Wages on Government Contracts Can Lead to Liability Under the False Claims Act

by Baker Donelson on

For FY 2016, there are more than 36,000 federal government construction contracts where Davis-Bacon Act, 40 U.S.C. § 3142, prevailing wages applied. According to www.spending.gov, these types of contracts accounted for $9...more

New York City Ramps Up Efforts to Enforce the Prevailing Wage Requirement of Its 421-a Affordable Housing Tax Exemption

by FordHarrison on

Owners of 421-a tax exempt buildings and developments should practice extreme caution when considering responding (or failing to respond) to the recent notices (Notices) sent by the City of New York Department of Housing...more

New CA Prevailing Wage Law Suspended by Federal Court!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

by Holland & Knight LLP on

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Another First: CA Prevailing Wage Law Expanded to Cover Material Suppliers

AB 219 Expands Prevailing Wage To Include Deliveries of Ready-Mix Concrete - Since the 1930s, prevailing wages have applied only to construction work, not to the manufacture or delivery of construction supplies....more

What Does "Prevailing" Mean, Anyway? And Why Is the Prevailing Wage Rate So High?

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

$8 million Prevailing Wage verdict in 2011 for work on the Hilton San Diego Bayfront Hotel

Rent credit from Port District triggered prevailing wage; $8 Million in back wages paid by Hensel Phelps Construction Company - In California Prevailing Wage Law, “public funds” come in many forms. In the case of the...more

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