If you’ve been working on a government-funded construction or infrastructure project and your paycheck seems suspiciously low, you might be the victim of wage theft.
In California, prevailing wage laws are designed to protect workers on public works projects. These laws ensure that laborers, tradespeople, and even some service workers are paid fairly when working on publicly funded jobs. But many employers try to cut corners, misclassify workers, or simply ignore the law to save money—and that’s illegal.
At Employees First Labor Law, we help workers across California fight for the wages and benefits they’re entitled to under the law. If you’ve been denied the prevailing wage, we’re here to help you take action.
What Is the Prevailing Wage?
The prevailing wage is a special hourly pay rate (plus benefits) that applies to workers on public works projects in California. This wage is not random—it’s set by the California Department of Industrial Relations (DIR) and is based on the wages and benefits paid to the majority of workers in a particular region for a specific job classification.
It includes:
- Base hourly rate
- Overtime pay
- Fringe benefits (health insurance, pension, vacation, training)
Example: A carpenter working in Los Angeles on a public school construction site might have a prevailing wage rate of $63/hour—significantly more than they’d make on a private job.
Which Jobs and Projects Require Prevailing Wage?
You are likely covered by prevailing wage laws if you:
- Work on a publicly funded construction project (school, hospital, transit, highway, etc.)
- Are employed by a contractor or subcontractor hired by the government
- Perform work such as construction, alteration, demolition, installation, repair, or maintenance
- Work on private projects receiving public funds (e.g., tax credits, low-income housing subsidies)
Even non-construction jobs can be covered, including:
- Delivery drivers transporting materials to the site
- Security guards
- Janitors
- Administrative staff directly tied to the project
Common Prevailing Wage Violations (AKA Wage Theft)
When employers fail to comply with prevailing wage laws, it’s considered wage theft—a serious violation of California labor law. Common tactics include:
1. Misclassifying Workers
Employers may label a skilled worker (like an electrician) as a general laborer to pay less.
2. Paying Below the Legal Rate
Some employers simply don’t pay the required rate and hope workers don’t notice or don’t know the law.
3. Not Paying for Overtime or Travel
Prevailing wage law still requires overtime, daily travel, subsistence pay, and shift differentials.
4. Failing to Report Wages Properly
Your pay stub should reflect the correct DIR project number, classification, hours, and rate.
5. Not Paying Fringe Benefits
If fringe benefits (e.g., health insurance, pension) are not provided, employers must pay the full equivalent in cash.
These aren’t just administrative mistakes—they are illegal, and you may be entitled to significant compensation.
How to Know If You’re Being Cheated
Ask yourself:
- Am I working on a project funded by the city, county, state, or federal government?
- Is the work construction, installation, repair, or maintenance?
- Did I receive a lower hourly wage than I was promised?
- Did my pay stubs omit the project name or government funding source?
- Was I misclassified in a lower-paying job title?
If any of these apply, it’s time to speak to a lawyer.
What You Can Recover in a Prevailing Wage Case
If your employer violated prevailing wage laws, you may be entitled to:
- Back pay (for all unpaid wages and benefits)
- Liquidated damages
- Waiting time penalties
- Interest on unpaid amounts
- Attorney’s fees and costs
- Civil penalties under the Private Attorneys General Act (PAGA)
In serious or repeated violations, employers may be debarred from public contracts for up to three years.
Your Rights Under California Labor Law
California law takes wage theft seriously. Several legal tools are available to workers:
- Labor Code § 1771–1776: Requires payment of prevailing wages and recordkeeping
- Labor Code § 98 and 1194: Provides a right to recover unpaid wages through a wage claim or civil suit
- Labor Code § 1102.5: Protects workers from retaliation for reporting violations
- Public Works Contractor Registration Law: Makes contractors and subcontractors liable for noncompliance
You do not need to suffer in silence. And you don’t need to take on a public contractor alone.
We Protect Workers Who Speak Up
Unfortunately, when workers report wage theft, many face retaliation. If your employer punished you for speaking up—by cutting hours, firing you, or making work conditions worse—you may also have a retaliation or whistleblower claim.
At Employees First Labor Law, we handle both prevailing wage and retaliation claims, so you get full protection under the law.
How EFLL Helps Prevailing Wage Victims
We are a leading California law firm for workers’ rights. When you hire EFLL, we’ll:
- Investigate your work history and wages
- Determine what the prevailing wage should have been
- Collect and file your claim with the DIR or Labor Commissioner
- Pursue penalties and damages in court if needed
- Protect you from retaliation
We don’t charge any fees up front—and we only get paid if you win.
📞 Contact Us Today – Get What You Earned
If you think your employer failed to pay you the California prevailing wage, don’t wait. Time limits apply, and your ability to recover full compensation may depend on how soon you act.
Let the experienced California Prevailing Wage Lawyers at Employees First Labor Law fight for your rights. We represent workers across the state in public works wage disputes, helping them recover unpaid wages, penalties, and benefits they’re legally owed.
