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prevailing wage November 14, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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prevailing wage
November 14, 2017
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prevailing wage
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Ken
    I have a question  on paying payroll on a prevailing wage job
    What must be paid on a prevailing wage job    The hourly wage for communication grade electrician in our area (36.54) all health/welfare(11.72) pension (13.23)and vacation at(2.17) and apprenticeship(68) benefits?    Total of $62.34 /hr
    We are a non-union shop and pay our techs salary, with paid vacation, and insurance.
    Since out techs  are salary  and we don’t pay them this amount, what is the best way of handling  this?
    As well, do we need to pay this for travel times to and from job? Or strictly when “on the job”?
    How do we  pay into h/w  and pension funds when we are not involved with the unions or the funds? 
Dennis
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Response
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    There are two issues that come to mind about prevailing wage.
  • you need to know what the prevailing wage is for your trade and classification of employees
  • you need to know if your job requires that you pay prevailing wage
    In most jurisdictions you can check for the prevailing wage classification for your employees.        Occasionally your employee may not fit any of the classifications.  In that case you need clarification from whoever hired you, in writing, which classification you need to comply with.
Not every job requires prevailing wage.  You need to check the contract you are signing.  If bidding on a job you need to check the bid instructions and specifications.  If the contract requires prevailing wage then you need to pay those wages, all of the wages, including whatever benefits are defined in the prevailing wage guidelines.  
    The consequence of non-compliance is severe; whoever hired you will not have to pay you because you are in breach of contract.  Also, your employees can sue you or file complaints with the labor department that you failed to pay them the proper wages.
     One bit of advice I am sure of, don't ignore prevailing wage requirements; you won't get away with it.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com