The U.S. Department of Labor has recovered $33,230 in back wages for five employees working on a federally funded construction project in Fayetteville. Investigators found the employer failed to pay workers all wages earned as required by the Davis Bacon Act.
Investigators with the department’s Wage and Hour Division found Apex Plumbing and Heating Inc. – operating as APH – violated federal law when the employer paid employees the prevailing wage for sheet metal workers even though they performed plumbers’ work. The employer paid less than the prevailing wage and benefits than the workers would have earned if paid correctly.
In addition, APH failed to comply with Executive Order 13706, Paid Sick Leave for Federal Contractors, by failing to allow employees to accrue and use paid sick leave. Record keeping violations under the Fair Labor Standards Act were also found.
“Prevailing wage laws on government contracts put competing contractors on equal footing and protect the wages and earned leave of hard-working tradespeople,” said Wage and Hour Division District Director Richard Blaylock in Raleigh, North Carolina. “This case should serve as a reminder for other employers that different trades require different wage rates if Davis Bacon regulations apply. When a worker performs different types of work, the employers must record the number of hours worked in each job classification and pay worker the correct prevailing rate for each type of work performed.”
The Wage and Hour Division’s investigation reviewed APH’s pay practices for work conducted work at Fayetteville VA Medical Center in Fayetteville. APH is headquartered in Apex and performs plumbing, heating and ductwork in large-scale residential and commercial developments, military installations and Veterans Affairs facilities across the eastern region of the U.S.
For information about the FLSA and other laws enforced by the division, including compliance assistance toolkits, contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243) or learn more about the Wage and Hour Division on its website, including a search tool to use if you think you may be owed back wages collected by the division. Callers can receive information confidentially in more than 200 languages.
