Prevailing Wage

Comprehensive Prevailing Wage Services

Prevailing wage laws in California are designed to ensure fair compensation for workers on public works projects. Compliance with these laws is essential for avoiding costly penalties and maintaining your business's good standing. At NewPoint Law Group, LLP, we provide a full spectrum of services to help you comply with prevailing wage requirements and defend against legal challenges.

Understanding California Prevailing Wage Law

California’s prevailing wage law mandates that workers on public works projects receive wages and benefits comparable to the prevailing rates in the locality. Our services include:

• Legal Compliance Counseling: We offer detailed guidance on California’s prevailing wage laws, helping you understand your obligations and the specific requirements for your projects.

• Prevailing Wage Determination: We assist in determining the appropriate prevailing wage rates for various job classifications and localities, ensuring your payroll practices comply with state laws.

• Record-Keeping and Reporting: We help you establish compliant record-keeping and reporting practices, including certified payroll reporting and proper documentation of hours worked and wages paid.

Defending Against Enforcement Actions

The California Department of Industrial Relations (DIR) enforces prevailing wage laws strictly. Non-compliance can lead to severe penalties, including fines and debarment from future public projects. Our services include:

• Audit Representation: We represent you during DIR audits, ensuring that your records are in order and defending against any allegations of non-compliance.

• Notice of Withholding: If you receive a Notice of Withholding for alleged prevailing wage violations, we assist in challenging the notice, presenting evidence, and negotiating settlements.

• Administrative Hearings: We represent you in administrative hearings before the DIR or other regulatory bodies, advocating for your rights and seeking to minimize or eliminate penalties.

Obtaining Administrative Rulings

Securing administrative rulings can clarify your obligations under prevailing wage laws and protect your business from future disputes. Our services include:

• Request for Determination: We assist in filing requests for determinations with the DIR to obtain rulings on whether specific projects or activities are subject to prevailing wage requirements.

• Scope of Work Clarifications: We help you obtain clarifications on the scope of work covered by prevailing wage laws, ensuring that your project classifications and wage determinations are accurate.

• Appeals of Determinations: If you disagree with a DIR determination, we represent you in appealing the decision, advocating for a favorable outcome that supports your business interests.

Defending Against Worker Lawsuits

Workers can file lawsuits alleging that they were not paid prevailing wages as required by law. These lawsuits can result in significant liabilities and damage to your business reputation. Our services include:

• Lawsuit Defense: We provide robust defense against lawsuits filed by employees or workers alleging prevailing wage violations, including unpaid wages, overtime, and benefits.

• Wage Claim Defense: We represent you in wage claim disputes before the Labor Commissioner or in court, presenting evidence to refute claims and seeking to minimize your liability.

• Settlement Negotiations: We negotiate settlements with employees or their representatives to resolve disputes amicably and avoid prolonged litigation.

• Class Action/PAGA Defense: We defend against class action lawsuits alleging systemic prevailing wage violations, protecting your business from potentially devastating financial consequences.

Compliance Training and Policy Development

Proactive compliance is the best defense against prevailing wage disputes and enforcement actions. Our services include:

Compliance Training: We provide training for your staff and subcontractors on prevailing wage laws, reporting requirements, and best practices for maintaining compliance.

Policy Development: We help you develop and implement comprehensive policies and procedures to ensure ongoing compliance with prevailing wage laws, including payroll practices, record-keeping, and reporting.

Compliance Audits: We conduct internal audits of your payroll records and practices to identify potential compliance issues and recommend corrective actions before they lead to enforcement actions or lawsuits.

Navigating Federal and State Prevailing Wage Laws

In addition to California’s prevailing wage laws, federal laws such as the Davis-Bacon Act may also apply to your projects. Our services include:

• Federal and State Law Coordination: We help you navigate the complexities of complying with both federal and state prevailing wage laws, ensuring that you meet all applicable requirements.

• Multi-Jurisdictional Compliance: For projects spanning multiple jurisdictions, we assist in determining the applicable prevailing wage laws and coordinating compliance efforts across state and federal regulations.

• Dispute Resolution: We represent you in resolving disputes with federal or state agencies regarding prevailing wage compliance, advocating for a resolution that protects your business interests.

Representation in Wage Recovery Actions

Employees and workers may seek to recover unpaid prevailing wages through legal actions. Our services include:

• Wage Recovery Defense: We defend against claims for recovery of unpaid prevailing wages, including presenting evidence of compliance and challenging claims for additional compensation.

• Back Pay and Penalty Negotiations: We negotiate with regulatory agencies and employee representatives to resolve claims for back pay and penalties, seeking to minimize your financial exposure.

• Legal Strategies for Limiting Liability: We develop and implement legal strategies to limit your liability in wage recovery actions, including challenging the basis for claims and pursuing dismissals where appropriate.