Many construction workers, plumbers, electricians, and other trade laborers are entitled to Ohio’s prevailing wages on certain projects, yet many are unsure what that wage is, or when it applies. Employers are obligated to pay the prevailing wage on public projects, though employers often fail to do this. If your employer pays less than Ohio’s prevailing wages, or you believe that you are being shorted in any way, our Dayton prevailing wage attorneys at Coffman Legal can take a look at your case and determine whether you should file a claim against your employer seeking back pay and other damages.
The prevailing wage is the hourly wage established by trade laborers for various jobs while working on public construction projects or improvements. Under Ohio statute Chapter 4115, all companies engaging in public improvement projects that are financed with public funds must pay their employees “prevailing wages” when the total overall cost of the new construction is estimated to b greater than $250,000, or greater than $75,000 for “reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting.” Employers must pay employees the prevailing wage whether the project is funded in whole by public funds, or partially. Furthermore, if a project receives more than $2,000 in federal funds, trade workers must receive the federal prevailing wage under the Davis-Bacon Act.
Prevailing wages do not only apply to hourly pay. Under Ohio law, contractors must: Pay overtime; Keep an accurate track of time records; Submit certified payroll reports; Pay prevailing wages under the right classification; Refrain from deducting pay for lodging, food, or transportation unless it is pre-approved; and Provide subcontractors with the applicable prevailing wage rate schedule.
Unfortunately, contractors and subcontractors who fail to provide the proper prevailing wage are not rare. In fact, Ohio employers engage in hundreds of millions of dollars in wage theft every year, and many of this theft is due to prevailing wage theft violations. Examples of prevailing wage theft violations include: Misclassifying skilled employees; Failing to pay the proper wage; Failing to pay the employee for all hours worked; Failing to compensate an employee properly for overtime hours; and Making unlawful wage deductions.
Determining whether your employer withheld wages from you can be complicated when prevailing wages are involved. Furthermore, there are different standards for contractors and subcontractors to follow. If you believe that your employer has withheld wages, failed to pay the prevailing wage for your specific type of skilled work, made illegal deductions, or did not pay you the prevailing wage for overtime work, you need to take immediate action by contacting an attorney.
If you believe that your employer is stealing your wages by violating Ohio’s prevailing wage laws, our Dayton prevailing wage attorneys at Coffman Legal, LLC can help you file a claim to receive the compensation that you are owed, plus liquidated damages and other expenses. Contact us today at 614-949-1181 to schedule a free consultation.