These are some of the questions that the FFCM is asked regularly regarding the workplace and worker’s rights. If you’ve got a question that isn’t on the list, contact us at 1-877-507-3247 or email us at info@ffcm.org.
- What is the prevailing wage?
- Is there a minimum dollar threshold amount for a contract before the requirement for the payment of the prevailing wage applies?
- How can an employee find out what the prevailing wage rates are for a particular job?
- Does the prevailing wage apply to employees of a sub-contractor?
- Does the prevailing wage apply to truck drivers hauling gravel and fill to and from a public works projects?
- Are contractors allowed to use apprentices on a prevailing wage project?
- What benefit payments are contractors allowed to deduct from the prevailing wage?
- Can an employer deduct money from the prevailing wage rate for a health and welfare and pension plan that an employee doesn’t want?
- Is an employer engaged in public works construction required to file certified payroll records with the awarding authority?
- What should employees do if they don’t receive the proper prevailing wage rate?
What is the prevailing wage?
The prevailing wage is the minimum hourly wage for a certain classification of labor performed on public construction projects. The Department of Labor and Workforce Development issues the rates for each project and determines which rate apply to which classification.
Is there a minimum dollar threshold amount for a contract before the requirement for the payment of the prevailing wage applies?
No The prevailing wage rate applies to all public construction contracts regardless of the estimated price of the project.
How can an employee find out what the prevailing wage rates are for a particular job?
The law requires that prevailing wage rates be posted in a conspicuous place on all public construction sites. To obtain a copy of the rates of a particular job, contact the awarding authority for the prevailing wage rate schedule. Note: Prevailing wage rates are set for each individual project and may vary from project to project.
Does the prevailing wage apply to employees of a sub-contractor?
Yes. All workers engaged in actual public works construction on the site, with the exception of those who perform strictly supervisory functions, must be paid no less than the prevailing wage.
Does the prevailing wage apply to truck drivers hauling gravel and fill to and from a public works projects?
Yes. The rate applies to truck drivers hauling gravel and fill to and from a public works project.
Are contractors allowed to use apprentices on a prevailing wage project?
Yes, if the contractor is participating in an apprenticeship program that is registered with the Division of Apprenticeship Standards and meets state standards listed here.
What benefit payments are contractors allowed to deduct from the prevailing wage?
In general, any contribution made to an approved pension, health and welfare, or supplemental unemployment fund on an employee’s behalf can be deducted from the hourly prevailing wage rate.
Can an employer deduct money from the prevailing wage rate for a health and welfare and pension plan that an employee dosen’t want?
Yes. If the plan is bonafide, the contractor may make the deductions.
Is an employer engaged in public works construction required to file certified payroll records with the awarding authority?
Yes. All contractors and subcontractors are required to file certified payroll records with the awarding authorities on a weekly basis. These records must be certified and contain accurate information detailing each employee’s name, address, and occupational classification, hours worked and wages paid.
What should employees do if they don’t receive the proper prevailing wage rate?
They should contact the FFCM at 1-877-507-3247, via email at info@ffcm.org or through this form to determine whether they have a claim, and for assistance in filing their complaint with the relevant enforcement agency. Confidentiality is guaranteed.