Many workers in New Jersey are covered by the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), which applies to public works projects which are funded by public bodies, in contracts awarded by the State of New Jersey, or by a political subdivision of the State, or a regional school board. These projects include state, municipal, and county construction projects. Some of the public projects covered by this Act are public buildings, schools, water systems and sewer systems, dams, roads, and airports. Laborers, craftsmen, and apprentices employed on public works projects funded by public bodies must be paid in accordance with New Jersey Prevailing Wage Act.
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If you are an employee who believes you are not being paid in accordance with the law, you should contact this office today for a free consultation. I have represented numerous employees for private and public employers and was successful in recovering financial compensation for moneys for lost wages. We have locations in Southern, Central and Northern NJ to meet with clients. Call today for a free consultation.
One of the goals of this act is to protect wages of workers working on these public projects from unfair labor practices and unfair wages, caused by their employer under-biding in a competitive bidding market in order to beat out the competitor bidders to land the contract. The Act requires the payment of established minimum rates of pay to laborers, craftsmen, and apprentices employed on these public works projects. The Commissioner of Labor and Workforce Development determine the appropriate craft prevailing wage rate and the covered workers must receive the appropriate prevailing wage rate.
How the prevailing wage rate is determined:
The prevailing wage rate is based on collective bargaining agreements for the specific craft or trade in the locality where the work is performed.
The Act affects both prime contractors and subcontractors:
The act applies to prime contractors and subcontractors who perform work on these public works projects which are funded by public bodies.
This Act benefits both the workers and the employers. It protects the worker’s general well-being from unfair practices and enumeration for payment in their craft. It protects their employers from the effects of unfair competition resulting from other bidders setting too low wage levels that are detrimental to well-being of all concerned and the public.
Note: There are other NJ statutes that protect workers rights to fair payment of wages. The New Jersey Law Against Discrimination prohibits disparity in pay based on being in a protected class such as pregnancy, race, New Jersey Race Discrimination Lawyer, sex, age, disability, etc. See NJ Employment Attorney, Black African American Employee Paid Less than Others. In spite of legal prohibitions against discrimination based on sex, age or pregnancy, Bergen County, New Jersey Sex Discrimination Lawyer, much discrimination against female workers still exists particularly against older women, and against female workers who are pregnant. Statistics indicate employment pregnancy discrimination is on the rise. New Jersey Pregnancy Discrimination Lawyer.
Can a Covered Worker under the NJ Prevailing Wage Act File a Civil Action for Recovery of Full Amount of the Prevailing Wage?
Yes, under the statute a worker can file a civil action for recovery of full amount of the prevailing wage. Under the statute, any workman is paid by an employer less than the prevailing wage to which such workman is entitled under the provisions of this act such workman may recover in a civil action the full amount of such prevailing wage less any amount actually paid to him or her by the employer.
In addition to the unpaid wages, the worker is also entitled to costs and such reasonable attorney’s fees as may be allowed by the court.
Any Agreement Between Such Worker and the Employer to Work for less than Such Prevailing Wage Shall Be No Defense to the Action. Any worker shall be entitled to maintain such action for and on behalf of himself or other workers similarly situated, and such workman and workmen may designate an agent or representative to maintain such action for and on behalf of all workmen similarly situated. At the request of any worker paid less than the prevailing wage to which he was entitled under the provisions of this act the commissioner may take an assignment of the wage claim in trust for the assigning worker and may bring any legal action necessary to collect the claim, and the employer shall be required to pay the costs and such reasonable attorney’s fees as may be allowed by the court.
What is meant by “Maintenance Work”, a “Public Body”, or a “Public Work”?
In the Definitions section of the Act, 34:11-56.26 (3), (4) and (5):
(3) “Maintenance work” means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.
“Maintenance work” also means any work on a maintenance-related project that exceeds the scope of work and capabilities of in-house maintenance personnel, requires the solicitation of bids, and has an aggregate value exceeding $50,000.
(4) “Public body” means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions.
(5) “Public work” means construction, reconstruction, demolition, alteration, custom fabrication, duct cleaning, or repair work, or maintenance work, including painting, and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.
“Public work” also means construction, reconstruction, demolition, alteration, custom fabrication, duct cleaning, or repair work, done on any property or premises, whether or not the work is paid for from public funds, if, at the time of the entering into of the contract the property or premises is owned by the public body or
(a) Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and
(b) The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.
See also Unequal Pay and Wage Claims - Diane B. Allen Equal Pay Act. Under The New Jersey Wage Payment Law, employers must pay wages to most employees in full at least twice monthly. If not paid, the employees can file a private lawsuit for the unpaid wages, plus up to 200% in liquidated damages totaling triple the amount of damages plus attorney fees. See NJ Employment Attorney, My Employer Owes Me Money For Time Worked.
There are differences between the Davis-Bacon Act and the NJ Prevailing Wage Act.
The Davis-Bacon Act pertains to public construction projects awarded by a federal agency, such as work on U.S. Postal Service buildings and military bases. Certified payrolls must be filed with the proper federal agency. The New Jersey Wage and Hour office does not monitor projects which are covered exclusively by the Davis-Bacon Act.
The New Jersey Prevailing Wage Act applies to public works contracts awarded by the state, a political subdivision of the state, or a regional school board. Some projects such as airports and highways may be subject to both the Davis-Bacon Act and the New Jersey Prevailing Wage Act.
Note: This article is not legal advice and is not to be construed as giving legal advice in any situation or case. There are numerous changes and amendments in employment law that are mandated every year. If you have a legal question, you should consult with an employment attorney to discuss the specifics of your situation.
Don’t Sit on Your Rights
I have represented employees whose employers committed illegal acts against them, and was successful in recovering financial compensation for lost wages, both for past lost wages and projected future lost wages, and for their emotional pain and suffering. If you think your employer is committing illegal acts against you, you should contact this office immediately for a free consultation. I accept employment cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Contact Hope A. Lang, Attorney at Law today for a free consultation.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.