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Prevailing Wage Laws

Hello. I’m getting ready to be a part of a government funded job through a third party contractor and am curious about wage requirements. The 3rd party contractor is stating that they are not required to pay prevailing wage rates because we are not working on this project, on government property. But instead working on the 3rd party contractors property, on this government funded project, or better known as a public works project. And instead is asking the workers to take a pay cut in order to stay working on this project and to stay busy. Is this legal?

1 reply

Mar 9, 2020

Generally, off-site work that's done at a permanent facility won't require prevailing wages, even if that work is required for the completion of the California public works project. So, an employer denying their employees prevailing wages for work done off-site likely wouldn't be a violation unless the facility isn't permanent (i.e. a contractor can't set up a staging site to avoid prevailing wages). More on that here: Off Site Fabrication at Permanent Facility Not Subject to Prevailing Wage Law | Kronick. Admittedly, California prevailing wage requirements aren't my strong suit. So, it might be more helpful to seek out a local California construction attorney who's familiar with the state's prevailing wage requirements.

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