When wages are discussed, you may hear the terms minimum wage, living wage, and prevailing wage. There are differences in these three kinds of wages. Minimum wage is the lowest allowable pay rate at which an employer can pay an employee.
You must be paid at least minimum wage. Prevailing wage is the rate that contractors and vendors must pay their employees when they are contracting with a government entity or agency. Living wage is the lowest wage at which basic needs can be covered by the employee.
If you are working for a government contractor, such as a company that does construction on interstates, and you are not being paid a prevailing wage, you can take action against your employer.
They are violating employment laws and you should be compensated for your losses. Failure to pay workers a prevailing wage is a violation and you should maintain supporting evidence and documentation for your claim against your employer.
What To Do If You Are Not Being Paid A Prevailing Wage
If you are not being paid a prevailing wage, you should gather supporting evidence. You should have a copy of your employment contract or agreement, copies of time sheets or timecards, documentation showing hours worked and breaks taken, and copies of paystubs.
You may also need statements from witnesses, and you may be able to prove there is a pattern of failing to pay workers a prevailing wage.
You will need to speak with an attorney to learn more about the laws regarding prevailing wages in your city and state. These laws and guidelines could vary from one city and state to another.
However, there are regulations that establish the requirements of employers, and if you are not being paid prevailing wage, then they are breaking those rules and laws and they can face penalties for failing to follow through.
Gathering Evidence
As previously mentioned, evidence is a necessity for a successful claim against your employer. You will need to prove that you were not paid prevailing wage.
You will need to compare the hours that you worked with your paystubs. You will need to compare those earnings with prevailing wage to see where your pay compares. You will also need to look at your work contract and review the details.
You should also research the local, state, and federal laws that apply to your situation. Understand what is considered prevailing wage and then compare your earnings to that figure. See how far off your pay is and how much you are owed so you can receive prevailing wage.
The more evidence and documentation you can provide, the more likely you are to have a successful claim against your employer and recover the damages that you are suffering because you are not being paid within the requirements of the law.
Next Steps to Take
Employment law matters, including those involving pay, can be complex. You should enlist the help of an employment law attorney who is familiar with these kinds of claims.
Your lawyer will review the details of the situation and go over all your evidence to determine if you are fit to receive a prevailing wage. Your attorney will then calculate your earnings and determine how much you are owed by your employer.
Your lawyer will know the process and the laws that apply to your city, and your attorney will investigate the situation and gather supporting evidence for your claim, so you can recoup your losses.
Your attorney will work to build a strong case against your employer so you can recover the wages that you are entitled to receive as well as any damages that you may have incurred as a result of the situation.
When you meet with your lawyer, discuss their payment program. Some attorneys require retainers to be paid upfront while others will take the case on a contingency basis and not be paid until you win your claim and recoup your losses.
Make sure you understand the process and your options before retaining an attorney’s services. Your likelihood of a successful claim does improve when you have legal representation. Complete the Free Case Evaluation Form to share the details of your wage claim against your employer.
You do have limited time to pursue a claim, so be sure to act before the statute of limitations expires. If you are not being paid a prevailing wage, you do have resources available to help you.
