Construction workers play a vital role in building California’s infrastructure—but too often, they aren’t paid what they’re legally owed. On public works projects, state law requires that workers be paid a “prevailing wage,” which is typically higher than standard wages. When contractors or subcontractors fail to follow these rules, it’s a serious violation—and it may entitle you to back pay and penalties.
At PLBH, we help construction workers fight wage theft and recover what they’ve earned. Here’s how to recognize unpaid prevailing wage violations and what steps you can take to prove your case.
What Is a Prevailing Wage?
A prevailing wage is a minimum hourly rate set by the state for workers on public works projects, such as:
- Schools
- Libraries
- Roads and bridges
- Government buildings
- Public utilities
The wage rate varies depending on your trade (e.g., electrician, plumber, laborer), your location, and your level of experience. It also includes compensation for certain benefits, like health coverage or pension contributions.
Under California law:
- All workers on public works projects must be paid the prevailing wage
- This applies whether you’re hired directly by a government agency or through a subcontractor
- Employers must keep certified payroll records and make them available upon request
If you’re being paid less than the required rate, you may be a victim of wage theft.
Common Ways Contractors Violate Prevailing Wage Laws
Employers don’t always make it obvious that they’re breaking the law. Some of the most common tactics include:
- Paying standard rates instead of prevailing wage rates
- Misclassifying workers (e.g., calling a skilled trade worker a general laborer)
- Failing to pay for overtime at the correct rate
- Underreporting hours worked on public projects
- Failing to provide benefits or compensation in lieu of benefits
These tactics are illegal and can result in significant unpaid wages.
How to Know If You’re Covered by Prevailing Wage Laws
You may be entitled to prevailing wages if:
- You worked on a publicly funded construction project (in whole or part)
- Your job involved construction, alteration, demolition, installation, or repair work
- The project received funds from a state or local government entity
Even if you weren’t told the project was publicly funded, or if you were hired through a subcontractor, the law still protects you.
Steps to Take If You Suspect Wage Theft
If you believe your employer is not paying the correct prevailing wage, here’s how to build your case:
1. Keep Detailed Records
- Track your hours, job sites, and duties
- Note the names of contractors and subcontractors
- Save copies of pay stubs, timecards, and any employment agreements
2. Request Certified Payroll Records
- Public works contractors are required to file certified payroll reports
- These records list employee classifications, wages, and hours
- You have the right to request them for your project
3. Talk to Coworkers
- Other employees may be experiencing the same violations
- Group claims can increase the pressure on employers to settle
4. Contact a Wage & Hour Attorney
- At PLBH, we can help you analyze your situation, request records, and file a claim with the California Labor Commissioner or pursue litigation if needed
What You Can Recover
Workers who prove wage theft on public works projects may be entitled to:
- Unpaid wages, including the difference between standard and prevailing rates
- Interest on unpaid wages
- Penalties for willful violations
- Attorneys’ fees and legal costs
Some workers may also be eligible for damages under California’s Private Attorneys General Act (PAGA), which allows employees to pursue penalties on behalf of the state.
You Built the Project—Make Sure You’re Paid Fairly
Construction workers should never be shortchanged—especially when working on taxpayer-funded projects. If your employer failed to pay you prevailing wages, you have powerful legal tools at your disposal.
Contact PLBH at (800) 435-7542 to schedule a free, confidential consultation. We’re here to help you fight wage theft and secure the compensation you’ve earned.