Prevailing Wages

News & Analysis as of

Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its...

General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...more

Truckers to Get Whistleblower Hotline After Strike

Earlier this year, unionized truckers at Port Metro Vancouver walked off the job for a month protesting low per-trip salary rates, long wait times at the port, and supposed undercutting in the industry....more

Men at Work: California Public Works Projects and Prevailing Wage Laws

California’s prevailing wage law, set forth in the California Labor Code, provides that each worker employed by contractors or subcontractors on a public works project must be paid not less than the general prevailing wage...more

2014 Maryland General Assembly Passes Bills Affecting Construction Industry

A number of bills were passed during the Maryland General Assembly’s 2014 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain key...more

Threshold For Prevailing Wage Work For New Jersey Municipalities To Increase July 1, 2014

The state prevailing wage threshold for total work done for a municipality or on property or premises owned by a municipality will increase from $14,187 to $15,444 beginning July 1, 2014. ...more

Recent Changes in New York City's Standard Construction Contract

With its new Standard Construction Contract, issued in December 2013, the City of New York (the "City") has implemented numerous significant changes as compared with its 2008 standard contract. This Alert briefly summarizes...more

New York City Mayor Bill De Blasio Unveils His First State Of The City Address And Budget

On February 10, 2014, New York City Mayor Bill de Blasio gave his first State of the City address and, shortly thereafter, presented his first budget for consideration by the New York City Council. Although there were few...more

Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs - Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and...more

Changes to California Prevailing Wage Law: Implications for Solar Projects

Recent changes to California’s prevailing wage laws highlight the importance of complying with them. Prevailing wage laws are aimed at ensuring that a contractor’s ability to win a public works contract is not based on paying...more

Perils of PERM

- A Plethora of Pitfalls: • Precise Drafting • A reason for everything • Keep a handle on time • Harmonize ETA 9141 and ETA 9089 • Essential information in the recruitment • Normal, Foreign and Business...more

Two New Prevailing Wage Laws Aimed at Stopping "Wage Theft"

Public Agencies are Now Required to Provide Notice of Completion and/or Acceptance on All Public Works Projects to Labor Commissioner Within Five Days - Effective January 1st, two new California prevailing wage laws...more

New California Statutes Potentially Increase Owners’ and Developers’ Exposure Under the Prevailing Wage Law

California has enacted several statutes, effective January 1, 2014, which will likely increase the exposure of contractors and subcontractors, and the developers and owners for whom they work, to claims for prevailing wage...more

Contractors State License Board Beefs Up Public Works Unit

The California Contractors State License Board (“CSLB”) has announced that it’s beefing up its Public Works Unit to help ensure that contractors bidding and performing work on public works projects are complying with wage and...more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

New California Statutes Potentially Increase Contractors’ and Subcontractors’ Liability Exposure Under the Prevailing Wage Law

California has enacted several statues, effective January 1, 2014, which will likely increase contractors’ and subcontractors’ exposure to claims for prevailing wage violations on public works projects. Under the Prevailing...more

Temporary Worker Visa Reforms and Expanded Enforcement Measures

In response to reports of alleged abuses of the H-1B (temporary specialty) and L (international transferee) visa categories, lawmakers in both the House and Senate appear to agree that major reform and increased enforcement...more

Proposed Amendment To New Jersey Prevailing Wage Law Would Severely Punish Repeat Offenders

On October 14, 2013, the Senate introduced a bill (S3012) that would severely punish repeat violators of the prevailing wage law. Specifically, the bill would grant the commissioner authority to issue a stop-work order...more

Illinois Supreme Court Narrowly Construes Exemption from Prevailing Wage Act

In its sixth and final unanimous civil decision of the morning, the Illinois Supreme Court adopted a narrow construction of the exemption for public utilities provided under the Prevailing Wage Act. Reversing a decision of...more

Illinois Supreme Court to Hand Down Decisions in Six Civil Cases Tomorrow Morning

The Illinois Supreme Court has announced that it will hand down decisions tomorrow morning in six civil cases argued during the September term of the Court (exactly half the docket from that term). The cases are...more

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

Prevailing Wage Update: New Law Limits Charter City Exemption

Charter cities were pleased with the California Supreme Court decision in State Building and Construction Trades Council of California AFL-CIO v. City of Vista, which permitted charter cities to avoid the requirement for the...more

DOL Advises Employers On Handling Of PERM, H-2A, And H-2B Applications After Government Shutdown

On October 31, 2013, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that employers with time-sensitive recruitment or prevailing wage determinations that did not timely submit PERM...more

California Legislative Update 2013

Governor Jerry Brown recently signed bills enacting several new employment statutes, marking the end of the California Legislature’s 2013 regular session. Increase of Minimum Wage to $10 per Hour by 2016 (AB 10)...more

The Going Gets Steeper: 2013 California Employment Legislation Affecting Private Sector Employers

The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last...more

California extends time to serve a prevailing wage violation assessment on employers

Governor Jerry Brown has signed into law a bill that extends the deadline to serve a prevailing wage penalty assessment on employers. AB 1336 amends the California Labor Code, extending the 180-day prevailing wage...more

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