Prevailing Wage Law in Ohio

What is the Prevailing Wage Law?

Background

“The legislative intent of the prevailing-wage law in R.C. Chapter 4115 is to provide a comprehensive, uniform frame-work for, inter alia, worker rights and remedies vis-a-vis private contractors, sub-contractors and materialmen engaged in the construction of public improvements in this state." (See Bergman v. Monarch Constr. Co (2010) 124 Ohio St. 3d 534, 537.)

"[T]he primary purpose of the prevailing wage law is to support the integrity of the collective bargaining process by preventing the undercutting of employee wages in the private construction sector." (See id.)

“To achieve this end, R.C. Chapter 4115 provides to employees who have been denied the prevailing wage a comprehensive statutory procedure of administrative and civil proceedings to ensure an employer's compliance with the prevailing-wage laws.” (See id.)

General Information for Complaints and Motions

“The general rule of the prevailing-wage law is that an employer shall not violate the wage provisions of R.C. Chapter 4115 or require an employee to work for less than the rate of wages so fixed." (See R.C. 4115.10(A); Bergman v. Monarch Constr. Co (2010)124 Ohio St. 3d 534, 537.)

“If the employer violates this proscription and pays an employee less than the prevailing wage, the employee has several options to recoup his underpayment.” (See id.)

“The employee can institute an enforcement action under R.C. 4115.10(A) or assign to the director of commerce the right to institute an enforcement action under R.C. 4115.10(B).” (See id.)

“In the event the employee does not institute an enforcement action or assign his or her rights to the director of commerce within the statutorily specified time, the director then has the obligation to bring any legal action necessary to collect any amounts owed to employees and the director." (See id.)

“For the employee-initiated enforcement action under R.C. 4115.10(A), the remedy for the underpayment of wages is plainly set forth: the employee is entitled to the difference between the fixed rate of wages and the amount paid to the employee and in addition thereto a sum equal to twenty-five per cent of that difference." (See id.)

“In addition, the underpaying employer also shall pay a penalty to the director of seventy-five per cent of the difference between the fixed rate of wages and the amount paid to the employee.” (See id.)

Standard of Review and Burdens of Proof

“Our analysis of an appeal from summary judgment is conducted under a de novo standard of review.” (See Wright v. Small, No. 13-02-34, at *1 (Ohio Ct. App. Mar. 5, 2003).)

“Summary judgment is proper when, looking at the evidence as a whole, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” (See id.)

“The movant bears the initial burden to inform the trial court of the basis for the motion, identifying portions for the record, including the pleadings and discovery, which demonstrate the absence of a genuine issue of material fact.” (See id.)

“Once the movant has satisfied this burden, the nonmovant must set forth specific facts demonstrating that a genuine issue of fact indeed exists for trial.” (See id.)

The Court’s Decisions

It is well settled that “the prevailing wage laws also require employers to pay one and one- half times an employee's wage to every employee that works overtime.” (See Int'l Bhd. of Elec. Workers v. Settle-Muter Elec., Ltd. (2012) Ohio 4524, 14-15.)

It is also well settled that “that prevailing-wage law applies to all construction projects that are public improvements.” (See Zurz v. 770 West Broad Aga, L.L.C. (2011) 192 Ohio App. 3d 521, 531.)

Documents for Prevailing Wage Law in Ohio

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THE SYMPHONY GROUP LTD. VS FIRSTENERGY CORP. BREACH OF CONTRACT document preview

CIVIL COMPLAINT FILED

29 pages

CV-2024-04-1792 CROCE, CHRISTINE 04/26/2024 09:54:03 AM cMco. Page 1 of 29 IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO THE SYMPHONY GROUP LTD CASE NO. 4183 West Streetsboro Rd., Suite 201 Richfield, OH 44286 JUDGE …