CONSTRUCTION EMPLOYEE UNPAID WAGES ATTORNEY

WHAT IS THE PREVAILING WAGE ACT AND HOW DO EMPLOYERS VIOLATE IT?

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) in general dictates the amount of wages that a subcontractor or contractor is required to pay workers, laborers, and mechanics on public works projects. The Act kicks in when the contract is for a public works project between a public body and a contractor. The meaning of “public work” under the Act includes the following projects:

• Construction
• Reconstruction
• Demolition
• Alteration
• Repair work
• Maintenance work (includes painting and decorating)

Prevailing wages are only paid when the contract for the public works project exceeds $16,263. They also apply to contracts in excess of $2,000 awarded by a nonmunicipal public body.

Employers can violate the New Jersey Prevailing Wage Act in a variety of ways. In terms of wage violations, employers have been known to engage in the following violations of the Act:

• Failure to pay workers in accordance with rates provided by the Prevailing Wage Act
• Misclassifying workers by seniority or job title in an effort to pay lower wages
• Engaging in the fraudulent adjustment of time sheets and hours worked
• Failure to file a payroll before its due date

The Prevailing Wage Act requires that contractors maintain records from no less than 3 years from the date of the last payment on a construction project. Failing to keep any of the following records would be a violation of the Act:

1. Hourly wage paid (including cash and fringe benefits from each pay period);
2. Worker classifications;
3. Number of hours worked each day;
4. The starting time and ending time of each day;
5. Records of all mechanics, laborers, and other workers that perform work on the project (records include: names, addresses, phone numbers, and social security numbers)