Employment Law

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My husband was working on a Bacon project and making $33.92…

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My husband was working...

My husband was working on a Davis Bacon project and making $33.92 per hour. The beginning of September he was eligible for health insurance which we were to pay around $700.00 a month. The employer then also cut out his fringes and only pays him $25.13 then. The difference is almost $1400 a month. I don't believe this is legal!!

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sorry, we are in Oviedo, Florida.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time and not union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I know of. Is there a cost for this?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

We just want to find out if we have a case against the employer. We cannot afford to pay anything. My husband has been out of work for 2 weeks.

Submitted: 7 months ago.Category: Employment Law
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Answered in 28 minutes by:
10/4/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,424
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

If he is on a DB job, then he must continue to make the wages provided for under the prevailing wage laws for that particular job. If he is not making the prevailing wage, including the fringes, then the US Department of Labor is the agency you need to file a complaint with because they will need to get all of the payroll records and fringe benefit records and will have to do an accounting to make sure the employer is in compliance.

If the DOL finds they are not in compliance, then they will sanction the employer and also recover all the back pay as well as an amount equal to the back pay as a liquidated damage penalty to the offended employer.

Until you get an order from the court to leave the premises, you continue paying your bond to the court. If you do not pay when you go back to court they will order you to leave. So, at this point you need to continue paying until your court matter is taken up again on the continuance.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
What does this mean?? "Until you get an order from the court to leave the premises, you continue paying your bond to the court. If you do not pay when you go back to court they will order you to leave. So, at this point you need to continue paying until your court matter is taken up again on the continuance. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you."
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

OMG, I am so sorry, we have a site technical issue and that SHOULD NOT HAVE appeared. I have been in contact with the site tech support people to fix the problem and it should no longer be appearing (it was something that seems to have been left over from some other person's question and would not come off) I think they are fixing it now. I sincerely ***** ***** the problem it may have caused.

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Customer reply replied 7 months ago
thank you
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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