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Prevailing Wages
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Report him. He is stealing from you.
Judging from your other post, this guy is a scumbag. Let him take responsibility for his actions.
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That is understandable, but do you really want to work for this guy?
You can at least contact the Dept. of Labor and ask.
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I have really been thinking of taking my tool belt off for good and going and selling hot dogs off a cart in front of the courthouse or something. LOL!
This happened to me a long time ago. Someone reported him and we all got a check a few weeks later. The guy did not get fired or treated poorly.
My boss at the time was a jerk but he was not a prick, if that makes sense.
My boss at the time was a jerk but he was not a prick, if that makes sense.
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Here's what you can do...
First, save your paystubs. Your paystubs should indicate total hours worked in every pay period.
Second, keep a legal journal. This must be a bound notebook (not spiral, but bound, like a composition book, like the black & white one on the left hand side of the following picture.)
In this book, you document every day anything of signifigance. Start with the weather. Finish with your total hours. One page per day is typical. "Boss said ________" G.C. said to move outlet in breakroom. Outlet relocated at 11:30am, total hours, = 1.0 Working today on _____project. Told to go to _____project tomorrow after lunch. Boss called to forget about that at quarter of three... Joe left early after stubbing his toe.
If you're not keeping a journal, all is not lost, but it does come in handy when your diary is used to negate all the lies your boss WILL tell the inquiry board or the investigator when it comes down to it, your written word in a journal is more reliable of a witness to past events than your boss's spoken testimony.
Three -you need to find out WHO handles prevailing wage complaints for the project you're being cheated on. Sometimes it's the comptroller for the department that you're working under. (Schools, DEC, Sanitation dept, Fire Dept, Police Dept, Office of general services, etc...)
Four - Often, when a sub is cheating the PW laws, the GC is in on it as well so do NOT tip off the GC regardless of how close you think you are with him. Keep your legal battles to yourself.
Five - keep records of everyone else's hours on the job. If there is no approved apprenticeship program in your shop, then EVERY apprentice / helper working on a PW job is to be paid journeyman's wages. This includes any expeditor or in-shop personnel who are providing support services for the project, such as material handling and storage and redistribution.
Take your case to the comptroller, or the labor dept if this is under their jurisdiction.
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thanks for the information it is very helpful L.G.L.S.
Lawn guy, if he keeps a diary like that, AND keeps track of all his co-worker's hours, hell get fired for slacking because he'll never get anything done. He'll be writing in his little journal every five minutes. :laughing:
Seriously, that sounds a bit extreme. I don't think documenting every single nose pick, screw turned and pee break is nearly necessary.
If this came down to a heavy legal battle, which is not likely, the labor board is going to side with the employees as soon as they realize the employer was skirting the PW's.
Keeping track of how many hours he was on the job is adequate IMO, which should already be done.
Like I said, this happened to me and I didn't even know it. I was handed a check and told "Here. We were supposed to pay you this and didn't."
Seriously, that sounds a bit extreme. I don't think documenting every single nose pick, screw turned and pee break is nearly necessary.
If this came down to a heavy legal battle, which is not likely, the labor board is going to side with the employees as soon as they realize the employer was skirting the PW's.
Keeping track of how many hours he was on the job is adequate IMO, which should already be done.
Like I said, this happened to me and I didn't even know it. I was handed a check and told "Here. We were supposed to pay you this and didn't."
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Actually, when I worked as a PM for an oil refinery we were encouraged to keep similar journals, and we were told it would hold up as evidence in a court of law.
Any guy in the trades as an employee should have a daily journal for many reasons, it doesn't need pea times in it just where and for how long for the most part. As for the boss not paying prevaling, Labor Board, wage and hour division will do right by you.
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What you document is signifigant issues. Hours on job, which job, weather that day, overtime hours worked, new assignments, etc.
What you don't get is that the labor board is going to be looking at evidence. The boss will show evidence that he IS paying the PW's. The employee needs evidence that he is NOT. Who do you side with when it comes down to documentation vs. word of mouth?
Bank statements are evidence. Journals are evidence. Hard evidence. Not difficult to generate.
I'd like to hear the details on that matter. Because I bet that check represented only a fraction of what you were due.
This is pretty much what I mean.
If I show my time book with 8.5 hours at P-W Job XYZ, and my pay stub shows 8.5 hours paid regular wage then something is WRONG!
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I do remember hearing years ago that you do need to list weather for the reason that it makes it more difficult to falsify a fake journal.
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A daily log is a very useful tool for anyone anywhere. It is the same tool that G.C. and superintenents use. As stated above it list the weather, tasks to be worked on/completed tasks, material use/delievery,EMPLOYEES Names and hours worked, safety talks and documenation ect. And it is accepted as evidence along with listing other witnesses or planiffs having knowledge of the facts.
If your job is really a prevailing wage project, your first stop should that project's contracting officer. It may take some digging to locate him/her, but your problem will be killed right there.
Best Wishes Everyone
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The requirement in New York is every PW job have posted it's name and contract number, and the owner-agency to contact to report any problems. Sometimes there are multiple project numbers, or a different number for each trade.
And in NYC you can call just 311 to report anything from a loose hydrant cap to a broken streetlight to excessive construction noise to a crooked signpost to a collapsed 50 story crane. :thumbsup: Your call will be directed to the correct department within the correct agency, it will be tracked and addressed and assigned a case number, investigated, acted upon, solved, and you can call back to find out the results of that case at any future date by referring to the case number.
And in NYC you can call just 311 to report anything from a loose hydrant cap to a broken streetlight to excessive construction noise to a crooked signpost to a collapsed 50 story crane. :thumbsup: Your call will be directed to the correct department within the correct agency, it will be tracked and addressed and assigned a case number, investigated, acted upon, solved, and you can call back to find out the results of that case at any future date by referring to the case number.
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