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Prevailing wage question

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oachs83

Member
What is the name of your state? Minnesota

I do construction and if I am fabricating metal for a project that is prevailing wage (remodel for a state college) off site in our shop do I still get prevailing wage? Basically I am doing the work for the college but off site. My employer does not seem to think so and that costs me $42 a hour and $63 on everything after 8 hours a day. I only recieved this wage when I was welding on site but did not recieve it at all for the fab work off site which was about 45hrs. worth.
 


ecmst12

Senior Member
If you have a contract, take it to a local contracts attorney for review. If not, legally all they HAVE to pay you is state/federal minimum wage.
 

oachs83

Member
The welding wage on this job was $42 hr minimum. which I was getting when I was physicaly on the site but when I was doing all the welding for the same job but off site I was being paid my regular base pay.
 

ecmst12

Senior Member
No I mean the FEDERAL MINIMUM WAGE, or the state if it is higher. I don't remember what federal is right now, is it still $5.85? It sounds like you are either in a union or have a contract, which means your answer is within your union agreement or contract, and only an attorney in your area who has READ YOUR AGREEMENT OR CONTRACT can find it for you.
 

oachs83

Member
Maybe I am not understanding you or you are not understanding me? I am non union and I don't know of any contract. How it goes if I am working on a state job the minimum is $42 for that particular type of work. That's the minimum, now if I am still working for the state but I happen to be off site I did not recieve that wage I recieved my regular wage. That is what I want to know is if that is correct? Because to me it seems I am still working for the state regardless where I am.
 

ecmst12

Senior Member
If you are working for the government, then your company has a contract with them. Talk to your boss.
 

justalayman

Senior Member
ecmst12, you are really missing the posters question and point.

Do you have any idea what a prevailing wage job is?

oachs: this is a PITA to find. I can find a lot on truckers but nothing yet specific to offsite work such as you are performing. The underlying message I am seeing though is that as long as the work is for the PW job, you are supposed to be getting PW. I did see one article that stated the opposite but the majority were the pro PW position.

while cruising around looking, in the wage list for PW, I saw this e-mail addy and phone number to ask about a few of the wage levels. Not sure if this would get you to the right people or not.

FOR RATE CALL 651-284-5091 OR EMAIL [email protected]

if not, the Mn DLI would be the people to ask. You should be able to get an answer without filing a complaint.


I have one big question for you though: why don't you simply work union. You would not have this problem since PW wage is typically union rate so you would be getting this wage all the time.

while cr
 
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oachs83

Member
I know it's a hard one to find. That's why I am asking around here. I asked my boss and he told me I only get it if I am working on site. That to me does not make sense because I am still working for the government why should it matter where i do the work. You would think that would have been hard to bid as well seeing that we determined what could and could not be done at the shop during the middle of the project. I just have a gut feeling they bid it all at the $42+ but pocketed the prevailing when I was at the shop. Where talking $16-$1800.00 in lost wages for me. I guess I will have to call and try to get a answer there. Thanks

For your union question I live in a town of around 50,000 people and minneapolis is about 90miles away. Most all of the union work is traveling to Minneapolis or surrounding areas. Now with the price of gas it almost is not worth the extra dough not to mention the 4hrs of drive time a day you are not being paid for. I was union before and I have nothing bad to say about it times are tough right now and I know plenty in construction that are still laid off. My company kept me working all winter as well. I have been there about 4 years now. They gave me a allright gig where I run the shop and mostly do all the 1 man work like welding, fabing, and driving. It is about as close as you get to being your own boss I get a deadline and get to work at my own pace as long as I am done in time. But yes I know none of this would be a question if I was union.
 
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acmb05

Senior Member
I know it's a hard one to find. That's why I am asking around here. I asked my boss and he told me I only get it if I am working on site. That to me does not make sense because I am still working for the government why should it matter where i do the work. You would think that would have been hard to bid as well seeing that we determined what could and could not be done at the shop during the middle of the project. I just have a gut feeling they bid it all at the $42+ but pocketed the prevailing when I was at the shop. Where talking $16-$1800.00 in lost wages for me. I guess I will have to call and try to get a answer there. Thanks

For your union question I live in a town of around 50,000 people and minneapolis is about 90miles away. Most all of the union work is traveling to Minneapolis or surrounding areas. Now with the price of gas it almost is not worth the extra dough not to mention the 4hrs of drive time a day you are not being paid for. I was union before and I have nothing bad to say about it times are tough right now and I know plenty in construction that are still laid off. My company kept me working all winter as well. I have been there about 4 years now. They gave me a allright gig where I run the shop and mostly do all the 1 man work like welding, fabing, and driving. It is about as close as you get to being your own boss I get a deadline and get to work at my own pace as long as I am done in time. But yes I know none of this would be a question if I was union.
Any and all work done for that project would be done at the prevailing wage.

The way it works is the company you work for would put a bid in on this job knowing that all employees would be receiving a prevailing ( Union) wage for the work performed. By your boss not paying you the prevailing wage for the time you are working on the job offsite he is making more money off the job himself. His bid would be for all hours at prevailing wage. If they were to find out that your boss is not paying you the correct wages for the time you spend on the job he could lose the contract.

Tell your boss he has it wrong and that if need be you will file a complaint with the labor board in your state.
 

justalayman

Senior Member
If they were to find out that your boss is not paying you the correct wages for the time you spend on the job he could lose the contract.
much more than that could happen. He would be responsible for the money not paid to the employee and in the reading, there is the possibility of fines and even jail time.

I guess they get pretty serious in Minnesota.
 

acmb05

Senior Member
much more than that could happen. He would be responsible for the money not paid to the employee and in the reading, there is the possibility of fines and even jail time.

I guess they get pretty serious in Minnesota.
They are pretty serious about it every where now. I had almost the same thing happen to me in Michigan with an employer. They just hope the employee is not knowledgeable about the laws and just won't care because they got good pay while on site.

They consider it defrauding the Government because they are getting paid for wages they are not giving the employee.
 

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