Legal Question in Employment Law in Texas

The answer I can give to this general question is necessarily limited and should be used only in specific discussion with a competent labor attorney.Under the Davis-Bacon and related Acts, the Wage and Hour Division of the U.S. Department of Labor determines prevailing wage rates to be paid on federally funded or assisted construction projects by location. It is the responsibility of the federal agency that funds or financially assists Davis-Bacon covered construction projects to ensure that the proper Davis-Bacon wage determination(s) is/are applied to such construction contracts(s). Applicable prevailing wage rates are those wages and fringe benefits in effect on the date the contract is awarded. All pre-determined rate increases listed at the time the contract is awarded must also be paid, beginning on the dates specified. Rates may change between the time of issuance of the determination and the award of the public works contract. Therefore, verification must be made to insure that the rates contained in the determination are prevailing rates in effect for the specific location the work is being performed prior to the award of the public works contract. If a new rate is not listed after the expiration date, the old rate will be deemed the prevailing wage rate. All contractors and subcontractors performing public work for a public body shall post the prevailing wage rates for each craft and classification, including the effective date of any changes to the rate, in a prominent and easily accessible place at the site of the work or at such places that are used by employers to pay workers their wages.

In Texas the right to receive prevailing wages is contained in The Texas Government Code � 2258.021. which provides that: �RIGHT TO BE PAID PREVAILING WAGE RATES. (a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid:

(1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and

(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

(b) Subsection (a) does not apply to maintenance work.

(c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state.�Added by Acts 1995, 74th Leg., ch. 76, � 5.49(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, � 18.01, eff.

Sept. 1, 1997.

Generally, federal, state, and local government workers are not liable in the absence of bad faith. And, all governments enjoy some governmental immunity, that may not apply depending on specific facts unknown at this writing. So diligence by you or your union may be critical. And, generally there are remedies against the contractor or subcontractor but strict time limits and special procedures like arbitration usually apply.

You should see an attorney to see how the stated rules apply in your given circumstances, because this writing is necessarily only general information not to be relied on for any specific situation. Moreover, this writing tells you nothing specific about how to enforce any right you have to prevailing wages rates.