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

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  •  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 ]

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