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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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I am working on a federal project in Southern California that

Customer Question

I am working on a federal project in Southern California that is for the United States Army Corps of Engineers. Everyone on the site is getting prevailing wage except for me. I am a Senior Engineering Technician and my geotechnical company is trying to tell me that it's not prevailing for me and me alone. In fact the corps has a lab onsite and those lab and field testers test everything with me by doing the same job. The corps technicians work for a private company and are sub contracted to the corps and they even get prevailing wage. Why would I be the only worker on the site to be exempt from the prevailing wage? My company keeps telling my co-worker and I that it's due to the Davis Bacon Act, but as far as I can tell the Davis Bacon Act is to pay ALL field personnel like myself prevailing wage. Also, I just finished a school before this job started and I was told the same story from the same company; so do I have a big check coming or are they right?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Hello,

The reason why no one wants to touch this question is that based upon what you've described you're entitled to prevailing wages.

So, the only thing that anyone can reasonably advise is for you to contact the U.S. Department of Labor and request an investigation (866-487-9243). The alternative would be for a lawyer demand an explanation on your behalf from your employer, and if the explanation is not forthcoming, then file suit and let the employer explain the rationale for your exception to the court. That could cost you about $5,000 easy, assuming that your employer is correct on the law. So, it's not a good risk, and most attorneys won't want to try to completely analyze your circumstance to try to divine the precise reason why your employer thinks it's paying you lawfully.

Anyway, I've seen your question sitting here for way too long, so I thought I'd respond and give you my 2 cents worth.

Hope this helps.

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