A North Carolina plumbing company was found by the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) to have violated the Davis-Bacon Act by paying five employees under the prevailing wage, resulting in over $33,000 of back wages recovered.

Apex Plumbing and Heating Inc. was found to have paid the employees a prevailing wage for sheet metal workers as opposed to the higher plumbers wage, a DOL press release said. The employer also violated sick leave laws by “failing to allow employees to accrue and use paid sick leave.”

“This case should serve as a reminder for other employers that different trades require different wage rates if Davis Bacon regulations apply,” WHD District Director Richard Blaylock in Raleigh, North Carolina said in the release. “When a worker performs different types of work, the employers must record the number of hours worked in each job classification and pay workers the correct prevailing rate for each type of work performed.”

The investigation focused on work done at the Fayetteville VA Medical Center in Fayetteville, North Carolina, the release said. In total, the department recovered $33,230 for affected employees,

The Davis-Bacon Act of 1931 established the use of prevailing wage for contractors on public projects, the DOL said on their website.  Employees are paid at least the Davis-Bacon wage decision provided at each site based on local averages.

“Prevailing wage laws on government contracts put competing contractors on equal footing and protect the wages and earned leave of hard-working tradespeople,” Blaylock said in the release.