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Department of Labor — Prevailing Wage

Prevailing Wage Lawyer

When a company wins a bid for a government or public entity job, the employer is required by law to pay its employees pursuant to NJSC 34:11-56.25, the Prevailing Wage Act.

Prevailing wage determinations are governed by the Department of Labor. Prevailing wage rates and benefits are determined through a collective bargaining agreement based upon trade, skill, and locality of the job. The rate is determined based upon the date the contract is accepted, but may be adjusted during the project.

The Mark Law Firm represents client in claims of prevailing wage violations. We have successfully handled claims against employers and will help you get paid.

Employers are required to pay its employees at least twice per month. The employer must pay the prevailing wage rate and keep a certified payroll ledger.

An employee who believes they have not been paid prevailing wage may file a claim. A hearing may be held to determine whether the has committed a violation. If the employer is found to be in violation of the Act, the employer is subject to fees, fines, payment of lost wages, and possible debarment from future prevailing wage jobs.

For a violation of the Prevailing Wage Act, an employer may be fined not less than $100.00 nor more than $1,000 and/or be imprisoned for not less than 10 nor more than 90 days. Each week in which a worker is paid less than the applicable rate under this act on any day shall constitute a separate offense for each worker affected.

An employer who discriminates against an employee by termination for reporting a prevailing wage violation or testifying against be employer shall be guilty of a disorderly persons offense and shall, upon conviction thereof, be fined not less than $100 nor more than $1,000.

An employee may recover loss of wages in a civil action in the full amount of such prevailing wage, less any amount actually paid to him or her by the employer. The employee may also recover such reasonable attorney’s fees as may be allowed by the court. An employee must file a claim within 6 years of a violation.

Contact The Mark Law Firm if you believe you are the victim of your employer not paying the prevailing wage. Click here to tell us your story or call us at 908-375-6767, and set up your consultation with an experienced prevailing wage lawyer.

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