Legal Question in Employment Law in California
This question deals with the Davis Bacon Act. I work for a company that does weatherization of homes. The county our office is in Tulare, CA has a pay scale of $8.00 per hour. But we are sent to surrounding Counties which have a much higher rate of pay for this work ($17.00-$18.00). The company headquarters is in Fresno county which also has the higher rate. If we perform the work in the higher pay counties should we not be paid at the rate prevailing in that location or is it based on where your work is dispatched from?
2 Answers from Attorneys
You are correct. Labor Code section 1771 requires payment of the wage prevailing in the locality in which the work is performed (not the employer's office!)
My firm handles prevailing wage disputes such as these. If you would like a no obligation consultation, please call.
Mr. Fox's office obviously does not win any of the prevailing wage disputes like this that they handle. Labor Code section 1771 only applies to public works projects. That means construction contracts performed for government entities. There is no prevailing wage law for private work, such as weatherizing homes.
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