California’s prevailing wages ensure fair pay for public works professionals. This guide details rates, factors, and steps to claim owed wages.
By Brad Nakase, Attorney
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You have a legal right to receive the prevailing wage for your profession in California if you are employed to work on a public works project. There is no justification for employers to underpay workers on public works projects as the government controls and finances them. In fact, it is against your rights as an employee if your boss doesn’t pay you the prevailing wage for your work.
Make sure you’re getting an appropriate wage by familiarizing yourself with the prevailing wages for your industry. So, if you want to know how much money you should be making on a publicly financed project in California, you need look up the prevailing pay on a regular basis.
The Department of Industrial Relations in California is responsible for setting the state’s prevailing wage rates. Job type and project location determine each rate. Additionally, the director of the relevant department may alter them at any time. In addition to any potential perks, competent professionals in San Diego can expect to earn the following at the present time:
When deciding on the prevailing wages for each trade, the head of the Department of Industrial Relations has a lot of factors to think about. When it comes to prevailing wage hourly rates, the four main factors are:
-The nature of the specific work
-Which county the project is taking place in
-The length of time the employee will work on the project
-Agreements reached via collective bargaining
In addition to the Department of Industrial Relations’ assigned base hourly rate, employees are eligible to earn additional benefits that can raise their compensation. Depending on the contract, your hourly wage may already contain perks like a pension, health insurance, or paid time off. To illustrate the point, the minimum prevailing wage for painters is $17.85 per hour. Hourly wages of $29.00 or more are possible if employers provide health, welfare, or pension benefits.
To clarify, the minimum pay set by a state is different from the prevailing wage. All nonexempt employees who work hourly are required to pay the minimum wage, but only trade workers employed to aid in the building of public works projects are subject to the prevailing wage. You have the right to sue your employer in California for unpaid wages if they fail to pay you the minimum wage that is legally required for your profession. You may be able to recover some or all of the money you lost and, in some cases, get compensation if your claim is successful.
Public works projects often involve:
-Building highways
-Building a federal facility
-Repairing roads
-Electrical line repair
-Work on or renovations to government and community buildings
After finishing a project, you may find yourself in the awkward situation of not getting paid enough for your level of expertise if the prevailing wage is not taken into account. Your reputation is important, and it can be difficult to know how to respond while still getting along with your boss, but you have to stand up for what’s right. Here are some ways you can respond:
If you follow these procedures, you should be able to resolve the problems caused by the underpayment of the prevailing wage and get the money you deserve. Another option is to seek assistance from worker advocacy groups or labor unions. They may be able to provide you with information and support. In your pursuit of equitable compensation, you can also consult local and state resources.
1. Where Can I Find the Prevailing Wages for My Project?
The employee’s county of employment and the nature of the work they do determine the employee’s prevailing wage. Check out the website of the Department of Industrial Relations to see what the going rate is for your particular trade. To get the current prevailing wages for trades in your county in 2024, you’ll need to enter your unique county. Keep in mind that there can be more than one wage listed. Your employment contract will govern these details.
2. Do I have any options if my boss isn’t paying me the prevailing wage?
Employers are in breach of both state law and fundamental employment standards if they hire you to help out on a public works project without paying you prevailing wages. This gives you the legal right to sue your employer for the money they owe you in the form of an unpaid wages claim. Consult a prevailing wage attorney in San Diego, California, if you require help pursuing a case against your employer for unpaid prevailing wage.
3. Does California Adjust Its Prevailing Wage Rates?
When workers see that prevailing pay rates have an “expiration date,” they get scared. But the expiration date is just a way to show that the rates are not fixed and can be changed. It is crucial to stay informed with the current rates of prevailing wages since they are often modified annually by the Director of California’s Department of Industrial Relations.
4. What Do Fringe Benefits Mean in Calculating Prevailing Wage?
The vast array of supplementary benefits that most companies offer their workers are known as fringe benefits. Medical and health insurance, retirement benefits, and paid time off are the most well-known types of fringe benefits. An individual’s hourly compensation is increased by all of their fringe benefits when they receive the prevailing wage.
5. What Qualifies as a Residential Project?
The public contributes significantly or even totally to the cost of certain residential constructions. If this is a public works project, then the workers engaged are still required to be paid the prevailing rate. Affordable housing developments, community centers, and assistance programs are all examples of residential projects that may receive government funding.
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