Long Beach Prevailing Wage Lawyer

Long Beach Prevailing Wage Attorney

Laborers and mechanics are instrumental for completing various public works projects throughout California. Therefore, these workers should be paid fairly and on time by their contractors and subcontractors. Prevailing wage laws ensure this occurs, but unfortunately, sometimes employers do not abide by them. If you are a worker and believe you have not been paid fairly, consider consulting with a Long Beach prevailing wage lawyer today.

Our mission is simple at The Law Office of Briana Kim. We aim to aggressively advocate for our clients with careful attention and effective legal strategies. If you are fighting a prevailing wage case, we are here to help. No case is too big or client too small for us to serve. We provide the same case-specific attention to each and every client.

What Is Prevailing Wage?

In California, prevailing wage is the amount of money all workers who are employed on public works projects are entitled to receive. It is set by the Department of Industrial Relations and varies based upon the type of job the person does as well as the location of the project. The prevailing wage is an agreed upon rate based on collective bargaining.

Examples of public works projects include the building of roads, government buildings, bridges, schools, or other government-funded construction projects. Prevailing wage law applies to projects over $1,000 in California and the law is federally enforced by the Davis-Bacon Act.

Prevailing Wage Rates in Long Beach, California

In Long Beach, as in many California cities, all contractors and subcontractors must register with the Department of Industrial Relations to receive the prevailing wage. Currently, the minimum wage in California is $16.50, and the Director of the Department of Industrial Relations must set the prevailing wage to at least that amount. If the minimum wage were to increase, the prevailing wage should reflect at least the new amount.

In addition to the basic hourly rate, which is typically comparable to the hourly rate of workers in the same area and industry, the prevailing wage may also include health and welfare, vacation pay, pension, training, and overtime as applicable. California overtime laws state that employers who work more than the standard work day or week, which is 8 hours a day or 40 hours within a week, shall receive 1.5 times their regular pay for each extra hour worked.

Prevailing wage laws and rates are complex. Each job has unique prevailing wage determinations based on whether the worker is a mechanic, engineer, carpenter, or even a landscaper. The full list of rates for tradesmen, laborers, and other workers is public information and can be found on the Department of Industrial Relations website.

When to Hire a Lawyer

The prevailing wage for several workers is predetermined in Long Beach and varies greatly by job. This can sometimes make it easy for contractors or subcontractors to underpay certain workers who are unfamiliar with the prevailing wage for their specific job. If you suspect that your employer is underpaying you for a public works project, you should contact an employment lawyer immediately.

Employment lawyers who handle prevailing wage claims can inform you of your rights, protect your rights, and may be able to recover any lost wages. Communicating with bureaucratic organizations like the Department of Industrial Relations alone can be intimidating and overwhelming, so having a lawyer by your side is invaluable. You have a right to be paid fairly for your work, and at The Law Office of Briana Kim, we are committed to helping our clients receive justice.

Prevailing wage claims are generally filed in civil court. The civil court in Long Beach is part of the LA Superior Court System, specifically the Governor George Deukmejian Courthouse at 275 Magnolia Avenue.

Building a Strong Prevailing Wage Case

To build a solid prevailing wage case, you should come prepared during your initial consultation with your lawyer. You will first need evidence that reflects you were underpaid for your work on a public works project. This may include documentation that reflects the agreed upon rates and timeline for your work, pay stubs, and timesheets.

To avoid paying the prevailing wage, some employers may submit false payroll records that do not accurately reflect hours worked or miscategorize workers. It is important to keep every record of your work to help achieve a successful outcome for your case.

FAQs

What Is the Prevailing Wage Law in California?

In California, the prevailing wage law states that contractors and subcontractors must pay workers a basic hourly wage for their work on public works or government projects. The prevailing wage is comparable to or even higher than the standard rate for similar work, based on the type of job and the location of the project. Rates in Southern California may differ from those in Northern California. All rates must be equal to or greater than the minimum wage.

Can I Sue for Underpayment of the Prevailing Wage?

Yes, you can file a claim if your employer fails to pay you the prevailing wage for your particular job and industry. The prevailing wage for contractor or subcontractor jobs is set by the Director of the Department of Industrial Relations. If you do not receive the required amount, you may have a case. Hiring a qualified lawyer can assist you in investigating the situation and building a solid case.

Do I Have to Pay Prevailing Wage for Travel Time in California?

Yes, for certain jobs, prevailing wage must be paid for fringe benefits such as travel time. Not all jobs require paying for travel time, but many do. It is important to check the California Department of Industrial Relations website to determine whether you are required to pay for travel time or other benefits like health and welfare, vacation, or training.

What Documents Are Required for Prevailing Wage Determination?

First, your project must be registered with the Department of Industrial Relations (DIR) within 30 days of the contract being awarded, and you must also submit an official letter to the DIR outlining your project. Several documents must then be filed for prevailing wage determination, including certified payroll records (CPR) and the key form for Long Beach, the ETA-9141 form.

Contact The Law Office of Briana Kim Today

If you worked on a public works project but did not receive fair pay, contact The Law Office of Briana Kim. We are ready to hear your concerns and the details of your case to create a strategy that will yield positive results.