Legal Question in Employment Law in California
prevailing wage
I am a sign installer. We are a subcontractor and work on many school projects providing new signage that meets ada requirments. My employer is required to pay prevailing wage. I have been doing this for six years and I feel I have been cheated. I have done some research and it appears the my boss has classified me as a laborer group 3. I have 20 years exp in my job. Also he only pays me my regular hourly rate and tells me I have to wait for them to be paid before I can get the difference. He said sometimes it takes years. Once in a while he will give me a couple of small checks and not tell me what project they were for. Since time goes by, I dont know what I have been paid for. I am sure it is not up to date. He doesn't keep records and when the job is complete he turns in certified payroll and just turns in 8 hours for me. I have been told by someone in the office that they don't promptly pay me when they get paid and I am last or they bill list. I am the only installer, I have worked at around 100 schools. I did not agree to wait on being paid they did that on they own. I know I can report them and they will be fined. I can only go back 2 years so I am wondering what my options are.
2 Answers from Attorneys
Re: prevailing wage
If you are in a union, your only remedy is a grievance. If not, then you can file a claim with the Labor Commissioner that can look back between three or four years. IF they agree to take the case, they think you have a valid claim. If you then want legal counsel to help you in the hearings and trial, feel free to contact me if this is in SoCal.
Re: prevailing wage
You really may be entitled to much more. This is why you should get an Labor attorney. If you are in Southern California contact me to discuss your case.