# What Is Prevailing Wage on Public Works Contracts Lawyers

> Construction workers entitled to prevailing wage if worked on city, state, county, school district job site get lawyer

Source: https://employeelawca.com/what-is-prevailing-wage/
Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Los Angeles County, California.
Phone: (323) 525-1600 (calling is the fastest way to reach the legal team)
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For California, it is found in California Labor Code Sections 1720-1861

For Federal Law it is found in 40 U.S.C 276 Onwards

For contractor is is:

1) A record keeping nightmare;

2) It requires contractors to pay unreasonably high wages that make it near impossible to earn a profit on competitively bid contracts

## When is a contractor required to pay employees prevailing [wages](https://employeelawca.com/los-angeles-unpaid-wages-lawyer/)?

In any public works contracts. Public works contracts are defined as construction, altercation, demolition, installation or repair work, design, installation, and preconstruction work done under contract and paid for in whole or in part out of public funds EXCEPT work done directly by a public utility company, California Labor Code Section 1720. However, work done for irrigation, utility, reclamation, and improvement districts are covered. The laying of carpet and construction cleanup is also covered. Thus, the coverage of what constitutes a public works contract for which [prevailing wage](https://employeelawca.com/norwalk-prevailing-wage/) must be paid is not limited to trades in which construction licenses are issued.

**Has your employer been vague, or not answered whether you are working on a prevailing wage contract? Call our California prevailing wage lawyers at (323) 525-1600 to see if you are owed prevailing wages.**

## How is it determined whether the construction project is a public works contract?

Public works contracts are those funded in whole or part by the payment of money or the equivalent of money by the state or a political subdivision. This money may come from construction bonds, or be loaned. Examples of political subdivisions include: airports, fire stations, local school districts, police stations, roads, the California State University System, the California Community College System, and Regents of California.

## Assume prevailing wage is due if the construction project involves a courthouse, highway, library, prison, city, county, and state buildings are always public works contracts.

Privately owned property is subject to prevailing wage if upon completion of the construction project 50% or more it will be leased to the state or a political subdivision. This must be known at the time of construction because there is either a lease, or the government has given specifications about how they want the property to be designed or built. Low to moderate income affordable housing projects paid solely through money from the Low and Moderate Income housing Fund established by California Health and Safety Code Section 33334.2 or 33334.3, according to California Labor Code Section 1720©(4), are not supposed to constitute projects paid for in whole or part through public funds. Projects merely subject to tax credits are also supposed to be exempt.

There are more unusual exceptions that apply to self-help housing projects, or homeless housing found in California Labor Code Section 1720©(6) Private residential projects built on private land are subject to prevailing wage if the project is built pursuant to an agreement with a state agency, redevelopment, or local public housing authority. Query: is a new residential subdivision subject to prevailing wage if it is built in agreement with the Coastal Commission e.g. Seabridge/Westport Marina in Oxnard between 2002-2009 because the housing development abuts a new waterway flowing into the Pacific Ocean?

### CALL (323) 525-1600 TO SPEAK TO A CALIFORNIA PREVAILING WAGE LAWYER

In gray areas the Department of Industrial Relations will make determinations whether a specific construction project is subject to prevailing wage. There are many examples during the last ten years in which prudent developers, with the help of law firms, made such inquiries to the Department of Industrial Relations. Many of these examples involve senior housing projects built by private developers utilizing government funding. Other common examples include redevelopment districts.

Firm Head, Karl Gerber, has handled many prevailing wage lawsuits including [class actions](https://employeelawca.com/los-angeles-class-action-lawyer/) and individual cases on behalf of employees. Call (323) 525-1600 to see if you are owed money for prevailing wages.

We have offices in Bakersfield, downtown Los Angles, Gardena, Oxnard, Riverside, Sacramento, San Diego, San Francisco, San Jose, Sherman Oaks, and [Tustin](https://worklawyeroc.com).

**Some of our prevailing wage recoveries for clients are:**

- $350,000 for a few heavy equipment operators
- $200,000 for job employer claimed was not prevailing wage
- $200,000 for prevailing wage and PAGA violations

## Our Firm: No Upfront Fees or Costs

### Contingency Fee Representation

All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee.

### Serving Los Angeles County

We have proudly served all of Los Angeles County since 1993.

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The Employment Lawyers Group has successfully handled

2,000+

Separate California Employment Cases

## Media Engagements

## Sample Case Results

breach of commission contract $1,150,000  Unpaid commissions of two plaintiffs unpaid wages $875,000  For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000  Controlled stand by class action settlement

Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.

## Practice Areas

[Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://employeelawca.com/discrimination-lawyer-in-los-angeles/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://employeelawca.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://employeelawca.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://employeelawca.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://employeelawca.com/absences/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://employeelawca.com/los-angeles-financial-whistleblower/)

## Our California Locations

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### San Francisco / Bay Area

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### Sherman Oaks

[WorkLawyerCA.com](https://worklawyerca.com)

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Sherman Oaks CA 91423

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### Torrance / South Bay

[JobTerminationLaw.com](https://jobterminationlaw.com/)

3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503

[(310) 842-8600](tel:3108428600)

### Ventura / Oxnard

[VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com)

4030 West Hemlock St,
Oxnard CA 93035

[(805) 200-0100](tel:8052000100)

### Additional Sites

[BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org)

## About Firm Founder, Karl Gerber

Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California.

Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.

The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**.

[Meet Karl Gerber](https://employeelawca.com/karl-gerber/)

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