Prevailing Wage: Hot Topics for Developers and Contractors

Confused about recent changes in prevailing wage law? Read what lawyers on JD Supra are writing about to keep yourself up-to-date.

Prevailing Wage Laws: What Are They and How Are They Changing? (Dinsmore & Shohl LLP)

“With last November’s changes in state politics across the country, and with the recent push for state and local governments to tighten their budgets, it is not surprising that prevailing wage laws are suddenly on lawmakers’ radar screens. While it would be impossible to predict the extent to which prevailing laws will change—or whether they will even survive at all—two conclusions are virtually certain: the laws governing the payment of wages on public projects will change, and that change will benefit owners and contractors.” Read more »

USDOL Prevailing-Wage Enforcement Likely To Increase (Fisher & Phillips LLP)

“Indications are that the U.S. Labor Department will be stepping-up its investigative activity among employers who are subject to federal prevailing-wage and fringe-benefits requirements. Comments made at the agency’s ongoing series of Prevailing Wage Conferences currently being held across the country suggest that its enforcement activity could rise by more than 80% in the near future.” Read more »

Your Subdivision May Be a ‘Public Work’ Subject to Prevailing Wage Laws (Sedgwick LLP)

“A recent appellate decision considered whether Mello-Roos financing constitutes “public financing” under the Labor Code such that the prevailing wage laws apply to a project receiving such financing and, if so, whether a safe harbor was available so the entire project was not subject to them.” Read more »

Prevailing Wage e-Alert: That CFD Might Cost You Millions More Than You Thought (Luce Forward)

“[I]f you have used or intend to use a Community Facilities (or Mello-Roos) District (“CFD”) or some other form of ‘public funds’ to pay for some or all of your project’s required public improvement work, you need to know about the recent decision in Azusa Land Partners v. Department of Industrial Relations. This case could require you to comply with prevailing wage requirements when building out some or all of your otherwise private development project.” Read more »

Why A US Department Of Labor Investigation Can Ruin Your Year (Wolfe Law Group)

“Over the past few years, state and federal construction projects have been the bread and butter for the struggling construction industry. These projects are largely prevailing wage projects, and unfortunately, many contractors and subcontractors found themselves trying to understand compliance with these regulations for the first time.” Read more »

Developers Must Pay Prevailing Wages for Privately Financed Public Infrastructure (Sheppard Mullin Richter & Hampton LLC)

“The Second Appellate District Court of Appeal recently ruled that private developers must pay prevailing wages for the construction of all public improvements in connection with a development project if public funds are used to finance any part of the public improvements, even if the remaining public improvements are paid for with private funds. The California Supreme Court declined to hear the developer’s appeal. Therefore, developers and contractors could face increased project costs as a result of this case.” Read more »

New Electronic Process for Prevailing Wage Decisions (Ronald Shapiro)

“As of Jan. 21, 2010, all requests by employers for prevailing wage determinations must be submitted electronically using the immigration certification system (“the iCERT System”) set up by the National Prevailing Wage and Helpdesk Center (the “NPWHC”) of the Department of Labor (“DOL”).” Read more »