| Q |
How do I know if the project I am
working on is covered by Prevailing Wage? |
| A |
Contractors and subcontractors
on all projects that are covered by the Federal Davis-Bacon
Act or The Michigan
Prevailing Wage Act are required to post a Davis-Bacon Poster
(WH-1321) at the site of work, along with the correct Wage Schedule
in a prominent and accessible place. If you believe that the
project you are working on is covered even though there is no
posting, contact the project engineer or your employer and ask
if the project is covered by Prevailing
Wage. If so ask for a copy of the wage schedule. |
| Q |
How do I know that I am getting paid for the
correct work classification? |
| A |
Your correct work classification is determined
by the work you perform, not
the title you are given. |
| Q |
My work on the project requires
that I operate construction equipment part
of the day and work as a laborer the rest of the day. What rate should I be paid? |
| A |
Under the scenario, the employer
must split up the employee’s time into two categories
(Laborer and Operator). Both have different hourly wages
and benefits, and the worker and employer should be “generally” aware
of the amount of the time spent conducting each activity within
practical reason. |
| Q |
What should I do if I am not
getting the correct rate on a Prevailing Wage
job? |
| A |
First, talk with your employer.
Tell him/her that you are not getting the
correct pay and try to resolve the issue. If that fails, you can file a claim
with the contracting agency for recovery of underpaid wages.
It is very important that you keep accurate records of your
hours worked, work performed and pay received. ALWAYS KEEP YOUR
PAY STUBS! Any claim for back wages must be filed before the
project is closed (paid in full) by the contracting agency.
You may contact The Michigan Fair Contracting Center for
assistance with your claim. (see contact info page) |
| Q |
I am paid the required hourly
rate but I do not receive any benefits. Should
I be paid the value of the benefits in addition to my hourly rate? |
| A |
Yes. Prevailing Wage Laws
require that you be paid the value of the “Total
Package” which is the value of the hourly wage plus the value of any benefits
that
are not provided (paid) by your employer. |
| Q |
I am classified as an apprentice.
What rate of pay should I receive? |
| A |
Prevailing Wage Laws allow
the use of apprentices at their agreed upon non-prevailing
wage. However, in order for workers to recognized as apprentices
on
prevailing wage, public works projects they MUST be enrolled
in a “bona fide” apprenticeship program that is
registered with the Bureau of Apprenticeship and Training,
under the U.S. Department of Labor.
PERSONS NOT REGISTERED
IN A RECOGNIZED
PROGRAM MAY NOT
BE PAID LESS THAN THE JOURNEYMAN PREVAILING WAGE.
(29 C.F.R.- 5.2 (n) (1) ) |
| Q |
What is a General Wage Determination? |
| A |
A General Wage Determination
is the listing of wage rates and fringe benefit rates for each
classification of laborers and mechanics which the Administrator
of the Wage and Hour Division of the U.S. Department of Labor
has determined to be prevailing in a given area for a particular
type of construction (e.g., building, heavy, highway, or residential) |
| Q |
What is a Project Wage Determination? |
| A |
A project wage determination
is issued at the specific request of a contracting agency; it
is applicable to the named project only; and expires 180 calendar
days from the date it is issued unless an extension of the expiration
date is requested by the agency and approved by the Wage and
Hour Division. |
