Tuesday, July 3, 2012

Court again defines prevailing wage limits - Dayton Business Journal:

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The unanimous decision, authored by Justic Evelyn Lundberg Stratton, said that the prevailingh wagelaw doesn’t extend to work on privatwe projects that are partially funded by statse and county incentives. Fellhauer Mechanicapl Systems Inc., a plumbing and electricalp company inPort Clinton, had been taken to courtf by the Northwestern Ohio Building Tradex Council over concerns that workers on a companyu expansion project partially funded by stated and local incentives weren’t receiving union-scale The state law generally requires employees working directly on government buildings and other public improvementsd be paid at a rate similar to what union workers are paid for doin g similar work in the region.
The trades council unsuccessfullyh sought a restraining order and later took its case in a Toledooappeals court, which affirmed the lower court’s decision. The councio then took the case for reviewbefore Ohio’xs high court. Writing in Tuesday’s opinion, Strattonm said the council’s argument that a privatee project helped by publiv funds fallsunder prevailing-wage provisionws would “unjustifiably expand the scope of prevailing wage to includd projects that are not public improvements, that are not constructed by a publicd authority, or that do not benefit a public The project in Stratton wrote, isn’t a project taken on by a publixc body or built by a contractor on behalf of one.
The courrt less than two weeks ago shortened the reachj of the wage law ina 6-1 ruling that it applies only to companies workingy directly on public-improvement project sites.

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