Skip to main content

View Diary: Company Hosting McCain "Townhall" Paid Below Prevailing Wage (134 comments)

Comment Preferences

  •  Dave, really, I beg you to follow-up... (3+ / 0-)
    Recommended by:
    Roadbed Guy, karmsy, BraveheartDC

    . . . on the matters I raised above. That "case" needs to be further researched to determine what the Final outcome was.  See my comments above (in particular:  "I've been practicing since '91").

    If the findings and Final Order nail this company, then great.  If not, then running with this could backfire and make you/us look like homework wasn't done.

    Happy hunting.

    bg
    _____

    "We in the gloam, old buddy," he said, "We definitely right in the middle of it." -Larry Brown

    by BenGoshi on Mon Jun 30, 2008 at 06:07:01 AM PDT

    [ Parent ]

    •  see my update (2+ / 0-)
      Recommended by:
      BenGoshi, maxalb

      They are facing disbarrment.

      Also, getting caught up in the nuances of the terms prevailing v. minimum would take hundreds of words to fully explain.

      The bottom line is that a law is in place about what wage was to be paid; thus that amount is the "minimum" by law.

      They broke it on at least 6 occasions.  (Curious how many times they didn't get caught.)

      I shall not rest until right wing conservatives are 4th party gadflies limited to offering minor corrections on legislation once or twice a year.

      by davefromqueens on Mon Jun 30, 2008 at 06:46:27 AM PDT

      [ Parent ]

      •  Maybe you need to roll out some of those hundreds (1+ / 0-)
        Recommended by:
        BraveheartDC

        of words, 'cuz it seems like even municipalities, etc, are getting snared in prevailing wage violations . ..

        Yanity said confusion about the difference between maintenance and reconstruction may lead some municipalities to pay prevailing wage on all projects, just to be safe. The Supreme Court did not offer much guidance, he said.

        "They've basically said it's a matter of degree, but they don't really provide any understanding," he said. "They left open the question now: When is it maintenance, and when does it cross over into repair?"

        Municipal governments across Pennsylvania had been waiting for the decision, which will probably be costly for some local taxpayers, Yanity said.

        Troy Thompson, a spokesman for the Pennsylvania Department of Labor and Industry, said the ruling was being reviewed.

        In April 2006, Gov. Ed Rendell ordered that resurfacing and other highway work that had been recently reclassified as construction work should be returned to the maintenance category, exempting it from the prevailing wage requirement.

        link

        The bottom line here is that there is a huge gray area that even lower level gov't are puzzled by - so might a company?  If you claim otherwise, some proof is really needed . . . (you're a lawyer, right? aren't such details important to lawyers?)

        •  This company works on contracts (2+ / 0-)
          Recommended by:
          snakelass, davefromqueens

          and contracts spell out whether the work is maintenance or construction or reconstruction and also spell out the prevailing wage.  

          If this contractor was busted for failing to pay prevailing wage, it was not because the municipality issuing the contract was confused, it was because the contract stated workers would be paid prevailing wage and that didn't happen.  

          It also means the company could have been planning on "saving" some expences that way, and thus could underbid other contractors who would have actually paid prevailing wages.

          "It's supposed to be automatic, but actually you have to push this button." John Brunner, Stand on Zanzibar

          by Orinoco on Mon Jun 30, 2008 at 10:50:13 AM PDT

          [ Parent ]

      •  It is actually pretty straightforward. (2+ / 0-)
        Recommended by:
        snakelass, geez53

          Minimum wage is the absolute lowest wage that can be paid to any worker.

          Prevailing wage is the compensation level set by contract for various skilled union workers, usually in a given geographical area.. Many states and the federal government require the payment of prevailing, union level wages for work provided for taxpayer funded government contracts, whether that work is done by union members or not.

          The idea, of course, is to pre-empt the race to the bottom that so many workers are experiencing.

        What's the difference between Vietnam and Iraq? Bush knew how to get out of Vietnam.

        by happy camper on Mon Jun 30, 2008 at 07:24:28 AM PDT

        [ Parent ]

        •  I'm changing title to prevailing (2+ / 0-)
          Recommended by:
          snakelass, happy camper

          Either way it doesn't change the story.

          I would argue that minimum can also mean prevailing.

          Nevertheless I'll make the edit so at the very least I am understating.

          I shall not rest until right wing conservatives are 4th party gadflies limited to offering minor corrections on legislation once or twice a year.

          by davefromqueens on Mon Jun 30, 2008 at 07:28:32 AM PDT

          [ Parent ]

          •  Good idea. (2+ / 0-)
            Recommended by:
            snakelass, davefromqueens

              When the average joe hears minimum they're thinking the seven bucks an hour paid to the kid behind the counter at the convenience store. Union awareness isn't real high around here, I've noticed.

            What's the difference between Vietnam and Iraq? Bush knew how to get out of Vietnam.

            by happy camper on Mon Jun 30, 2008 at 07:33:41 AM PDT

            [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site