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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118226
Experience:  20+ Years of Employment Law Experience
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I work in Boone County,. The company that I work for makes

Customer Question

I work in Boone County, KY. The company that I work for makes concrete tubes for underground tunnel systems for water drainage that get put in the ground for new construction projects. I work in the weld shop and make rebar cages, which drop inside of a mold, then the concrete gets poured over the cage and into the mold. The concrete semi-cures over night and the form gets taken out of the mold the next day. I was speaking with a friend, and he asked if I get paid "prevailing wage". I told him I didn't think so. Some of the work we do is for private construction firms, and other work is "state jobs". When I was in the office, I looked down at some of the survey maps and they are very official looking with state seal of approval at the bottom ledger of the map in the center of the title block. Also the state jobs require green epoxy coated rebar which stand out as the majority of the rebar work is uncoated. The state jobs appear to get done side by side with the regular work. I did some loose research (Locality 11, Determination CR 1-011 2016) and even the general construction worker (concrete) should be making $22.00 an hour. My pay does not even come close to that (the start pay is $9.50 with out company paid health care benefits). I'm just curious to find out who and when should the prevailing wage law should apply?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are working on state or federal jobs, then under the law the Prevailing Wage Act applies. If you are not working on those government contracts even if your plant is working on them, then no prevailing wages is do. Failure to pay prevailing wage is a serious offense. So, your first step is you need to file a complaint with the US Department of Labor Wage and Hour Division, as they investigate prevailing wage issues and if your employer is found to have violated the prevailing wage act you are entitled to all of your back pay as well as an amount equal to that back pay as liquidated damages as well, if you need to go to court and sue or you want an attorney, you could collect attorney's fees as well.
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