Prevailing Wage
The California and federal prevailing wage laws, are "depression-era" statutes designed to eliminate below-market wage rates on public works projects. The laws were designed to ensure that local-area contractors had equal ability to compete for federal and state-funded public works projects with out-of-area contractors. With high unemployment and depressed wages at that time, the state and federal governments were attempting to pump money into depressed areas to alleviate local unemployment and to increase the purchasing power and economic conditions of local workers. Those statutes, designed as they were to help correct local economic conditions, continue today.
The California prevailing wage law (sometimes called the "little Davis-Bacon Act") is set forth in the California Labor Code, and the regulations are found in the California Code of Regulations. The State rules cover not only the payment of wage and fringe benefits, but also deal more extensively with overtime, holiday pay, travel and subsistence pay, and penalties for non-compliance. The State law and regulations also extensively cover the employment of apprentices.
The federal Davis-Bacon Act, and its accompanying regulations require certain wage and benefit rates to be paid to workers on federally-funded construction projects. The federal regulations also set forth the rules for employing apprentices, taking credit for fringe benefit payments, and resolving wage disputes.
Cook Brown has extensive experience providing advice on prevailing wage obligations and representing employers in prevailing wage litigation. Cook Brown attorneys frequently lecture trade and industry groups in prevailing wage issues and trends.
Specific Practice Areas
- Employer Liable for Pregnancy Discrimination Under FEHA
Terry A, Wills, Esq.
- Changes to Alternative Workweek Schedule Requirements Provide Greater Flexibility
Lisa V. Ryan, Esq.
- Updates to No-Match and E-Verify
Regina Silva, Esq.
- Sexual Harassment Outside the Workplace
Lisa V. Ryan, Esq.
- Employment Obligations to Employees of Subcontractors
Robert L. Boucher, Esq.
- The "Other" Adverse Provision in the Employee Free Choice Act
Ronald W. Brown, Esq.
Our attorneys address issues with consistent and proactive results in the courtroom, in the boardroom, and on the job site. Using teamwork and know-how, we anticipate the unexpected and solve these issues with extraordinary talent.