Government Contract Workers & Prevailing Wages Lawsuit

Berger Montague is investigating potential class action lawsuits on behalf of government contract workers who were not paid a prevailing wage or were not paid overtime premiums based on the prevailing wage.

What is a Prevailing Wage?

An hourly rate, as well as benefits and overtime, given to workers who perform work on certain types of contracts with the federal government. The wage amount is determined at the local level but is usually higher than state or federally mandated minimum wage rates. In addition to an hourly rate, prevailing wages also include an overtime rate and fringe benefits such as health insurance, educational assistance, and retirement planning services.

Employees who earn prevailing wages must be paid overtime at a rate of one- and one-half times the prevailing wage for all hours worked over 40 hours a week.

Prevailing wages for government workers are required under federal laws and in more than 30 states.

How do I know if I qualify for a prevailing wage?

Prevailing wages apply to a wide variety of employees working for federal or state contractors.

• Under the McNamara O’Hara Service Contract Act, if you work for a federal contractor under a contract with the federal government and the contract is worth more than $2,500 you are likely owed the prevailing wage.
• Under the Davis Bacon Act, prevailing wages typically apply in skilled trade industries such as construction, demolition, remodeling, and renovation, where government contract workers are employed on a government project.

Common Occupations of Government Contractors

The Davis Bacon Act, prevailing wages typically apply in skilled trade industries such as construction, demolition, remodeling, and renovation, where government contract workers are employed on a government project.

The Service Contract Act covers many additional common occupations of government contractors including, but not limited to:

• Automotive Mechanics
• Certain Health Professionals
• Nursing Assistants
• Electricians
• Carpenters
• Appliance Mechanics
• General Maintenance Workers
• HVAC Mechanics
• Plumbers
• Pipefitters
• Telephone Lineman
• Welders
• Baggage Inspectors
• Corrections Officers
• Detention Officers
• Security Guards
• Lifeguards
• Interpreters
• Paralegals
• Legal Assistants
• Tax Preparers
• Bus Drivers
• Drivers Courier
• Shuttle Bus Driver
• Taxi Drivers
• Truck Drivers (under 10,000 pounds)

Where Can I Find the Prevailing Wage?

Prevailing wages can be found by visiting SAM.gov and entering the state and county you work in to locate the applicable wage determination which lists the prevailing hourly wage associated with your occupation. If you are a government contract worker who was not paid a prevailing wage or overtime while working on a government project, contact our experienced wage and hour attorneys for a free and confidential consultation. We will review your case and help you understand your rights under prevailing wage laws. You may be able to file a class action lawsuit.

Do I need to act now?

Yes, if you believe that you did not receive prevailing wages to which you were entitled you should act as quickly as possible. Through statutes of limitations, the law limits the time you have to bring suit. If you do not take legal action within the time provided by the applicable statute of limitations, some or all of your claims may be barred and recovery denied.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

1. Use the contact form on this page
2. Email info@bm.net
3. Call 800-419-6044

About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 55 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.