NY Federal Prevailing Wage Law Attorneys

Federal Prevailing Wage Laws

Workers in Federal Contracts under McNamara-O'Hara Service Contract Act

The McNamara-O'Hara Service Contract Act (SCA) concerns every contract that is established by the federal government, and its purpose is "to furnish services to the United States through the use of service employees." Under the SCA, contractors who perform services on federal contracts that are over $2,500 must pay service workers nothing less than the prevailing wage rates and fringe benefits that are paid in the region. Safety and health standards apply to such contracts as well.

Federal Workers Protected under Davis-Bacon and Related Acts

Under the Davis-Bacon and Related Acts (DBRA), contractors who labor under federal construction contractors or federal types of work that are over $2,000 are required to pay their employees at least the prevailing wage rates and fringe benefits that are paid to workers in similar classifications laboring on similar projects in the vicinity. There are regulations in place regarding the pay of apprentices and trainees, who are paid less than prevailing wage rates as they are not yet fully certified or trained. Information regarding employee rights and prevailing wage rates under the Davis-Bacon Act is required to be prominently exhibited at worksites where work is performed that is covered under the DBRA to help prevent employers from underpaying their employees.

On federal contracts over $100,000, when an employee works hours in addition to the normal 40 hour workweek, contractors are obligated to pay workers one and a half times the worker's basic prevailing wage rate for all extra hours worked. This is mandated under the Contract Work Hours and Safety Standards Act. Also, it is mandatory for workers to be paid on a weekly basis, and contractors must turn in certified payroll records to a specified contracting agency weekly.

Manufacturers Protected under Walsh-Healey Public Contracts Act

Contractors and their employees who participate in the manufacturing or furnishing of articles, equipment, materials, or supplies to the U.S. government must pay workers who assemble, handle, produce, or ship goods under federal contracts that are over $10,000 the federal minimum wage for every hour worked, as mandated under the Walsh-Healey Public Contracts Act (PCA). Workers under this classification are also required to receive time and a half their regular pay for any hours that are worked over 40 within a workweek. The federal minimum wage is $7.25, as of July 24, 2009.

Underpaid Workers Deserving Rightful Compensation

If a worker questions whether they are being paid their proper prevailing wages, the intricacy of both federal and New York prevailing wage laws can be overwhelming. Contractors must follow many complicated rules and regulations, and often these policies are overlooked, whether accidental or purposeful, but it comes at a worker's expense. If you have been working on a public works project and are eligible for federal prevailing wages and believe you have not been legally paid what you are owed, contact the federal prevailing wage attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353. Call today to learn how we can help.