Wage and Hour Division (WHD)
U.S. Department of Labor
US Labor Department investigates Didion Milling, finds more than $175,000 in back wages due for 13 employees
Employer failed to pay prevailing wage rates on US Department of Energy contract
CAMBRIA, Wis. -- The U.S. Department of Labor has recovered $175,602 in back wages for 13 employees of Didion Milling, where workers were constructing an ethanol production facility in Cambria. The project was funded in part by a $5.6 million grant from the U.S. Department of Energy. An investigation by the department’s Wage and Hour Division found that the contractor violated prevailing rate, fringe benefit and overtime provisions of the Davis-Bacon and Related Acts and the Contract Work Hours and Safety Standards Act.
“The hourly rates paid to many of these workers fell substantially below those required for the categories of work they performed. Not only does this practice undercut what is legally owed to the workers involved, it results in unfair competition,” said Theresa Walls, director of the Wage and Hour Division’s Minneapolis District Office. “Enforcement of the prevailing wage laws levels the playing field for all contractors working on federally funded projects and protects good, local middle-class jobs.”
The investigation disclosed that Didion failed to pay construction employees rates required for the categories of work they performed on the project, and further failed to pay required fringe benefits. Some laborers performing work on the job site were paid $14.41 per hour, when the required rate was $22.59. When employees performed work in more than one job category in a week, they were sometimes paid the same rate for all hours worked, rather than the employer paying specific rates for specific jobs, as required. Investigators also found that the company failed to pay employees overtime compensation at time and one-half the proper prevailing wage rates for hours worked beyond 40 in a week.
Additionally, Didion Milling failed to maintain accurate records reflecting hours worked in specific job classifications, failed to maintain records of fringe benefit contributions and failed to submit a signed statement of compliance and weekly payroll reports on the project.
The Davis-Bacon Act requires all contractors and subcontractors performing work on federal and certain federally funded projects to pay their laborers and mechanics the proper prevailing wage rates and fringe benefits as determined by the secretary of labor. On a DBA-covered project, the prime contractor is responsible for the compliance of all subcontractors. Requiring prevailing wages on these contracts protects local contractors from being underbid by those from other areas who may otherwise be able to recruit and bring in less expensive labor.
The CWHSSA applies to federal service contracts and federal and federally assisted construction contracts over $100,000. These require contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.
For more information about the DBA, the CWHSSA and other federal laws, contact the Wage and Hour Division’s Minneapolis District Office at 612-370-3341 or call the division’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.
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