Workers who perform construction, repair, or maintenance on public works projects may be entitled to receive the prevailing wage, a wage rate established by law to ensure that those workers receive fair compensation. A public works project is any construction-related project that is funded—either in whole or in part—by public money. This includes funding from the federal government, state agencies, counties, municipalities, public school districts, or other governmental entities. Examples of public works projects include building or renovating public schools, maintaining roads and bridges, installing sewer lines, repairing government buildings, or performing electrical, HVAC, or plumbing work for city or county facilities. If a government agency is paying for the project—regardless of whether the funding is federal, state, or local—the job may be covered by prevailing wage laws. For federally funded projects, prevailing wage rates are set under the Davis-Bacon Act and published by the U.S. Department of Labor. In New Jersey, the Department of Labor and Workforce Development publishes prevailing wage rates by county and job classification. For state funded projects in Delaware, the Office of Construction Industry Enforcement publishes the prevailing wages rates. Workers can also request a copy of the wage determination from their employer, the general contractor, a union representative, or the public agency that awarded the contract.
Contractors and subcontractors on public works projects are legally required to pay their workers at least the applicable prevailing wage for the specific type of work performed. The prevailing wage typically includes both an hourly base wage and a fringe benefit component, which may be paid through health insurance, pension contributions, or cash in lieu of benefits. The prevailing wage is based on the classification of work performed. Prevailing wage schedules include classifications which include, but are not limited to, laborers, brick layers, cement finishers, electricians, electrical line workers, carpenters, and power equipment operators. Violations of prevailing wage laws are not uncommon. Typical violations include paying workers below the required rate for the type of work performed, misclassifying workers into lower-paying job categories (e.g., a bricklayer instead of a cement finisher), failing to pay or credit fringe benefits, calculating incorrect overtime rates, and failing to pay the worker for all hours worked. Another common violation occurs when the employer misrepresents the public nature of the job. With this type of violation, the employer represents to the worker that the project is private, which does not require the payment of prevailing wage, instead of being a public project.
Prevailing wage laws are designed to protect workers and ensure fair pay on government-funded projects. Knowing when these laws apply—and recognizing when they have been violated—can help workers take steps to recover wages they are owed. If you believe you’ve worked on a publicly funded project—such as one sponsored by a city, school district, state agency, or federal department—and were not paid the correct wages or benefits, you may have a legal claim for back pay and other damages. Key steps include identifying the project and the government entity funding it, confirming your job classification, and reviewing the wages you were paid. Accurate records of your hours and tasks are critical. It’s also important to act promptly, as there are strict time limits for filing claims under prevailing wage laws. Contact Morgan Rooks PC today for a free consultation if you believe that your employer has not paid you the proper prevailing wage.
