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Prevailing wage decision receives praise, criticism
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Posted on February 20, 2002 Prevailing wage decision receives praise, criticism Worker advocates, building industry say state labor commissioner made right ruling By JULIET V. CASEY REVIEW-JOURNAL Building industry leaders and worker advocates on Monday praised Nevada's labor commissioner for ruling in favor of five Spanish-speaking carpenters, three of whom are illegal aliens, who claimed a construction company denied them prevailing wages on a public works project. A company representative said the decision could bring about a host of problems. The carpenters were among eight who filed complaints against City Plan Development, a Las Vegas-based contractor that hired them to help build a Clark County fire station in 1999. The other three workers failed to sufficiently substantiate their complaints and their claims for compensation were denied. State Labor Commissioner Terry Johnson decided last week that the five should be paid the prevailing wage for their work regardless of their residency status. Steve Holloway, executive vice president for the Las Vegas Chapter of the Associated General Contractors, said Johnson's ruling will protect workers and law-abiding contractors. "I think it levels the playing field and makes it impossible for a company to take advantage of its workers," Holloway said. Several of the men testified that they were required to sign blank time sheets, which later were filled out by a supervisor. They said company supervisors made them endorse checks for an amount based on their time sheets, but that they were actually paid, in cash, an amount lower than that on the check. Johnson's decision, which found City Plan in violation of the state's prevailing wage law, requires the company to pay the workers $11,946 in back wages and imposes a $1,550 fine. Johnson also disqualified the company from bidding on public works projects for two years. City Plan maintains it acted properly and did everything required of an employer under state law. Company representative Arnold Weinstock said the firm will appeal the labor commissioner's decision to District Court. "I think Labor Commissioner Terry Johnson has opened up a Pandora's box of problems," Weinstock said. "He's basically condoning the employment of illegal aliens within the state of Nevada, and there are state and federal laws that say illegal, undocumented workers are not entitled to the same benefits" as legal residents. City Plan attorney Orin Grossman said Johnson ignored the testimony of workers who said they used bogus immigration documents to gain employment with the company. Johnson, who could not be reached for comment Monday, has said he doesn't have the authority to address immigration issues, which fall under the jurisdiction of the U.S. Immigration and Naturalization Service. "City Plan Development had an obligation to pay such workers the applicable prevailing rates of wages as required under Nevada law ... regardless of their residency status," Johnson wrote in his decision. "To allow otherwise would enable City Plan to be unjustly enriched at the expense of its workers and fellow, competing contractors in the community." Prevailing wages are set by the state. The labor commissioner conducts a survey of contractors each year, and the most common wage they report in each county for each trade becomes, in most cases, the prevailing wage. Sandra Maloney, director of field operations for the Carpenters/Contractors Cooperation Committee, Inc., said Johnson successfully shifted the focus from whether legal or illegal workers have a right to be paid prevailing wages to contractors who take advantage of an immigrant work force to access tax-funded public works projects. The committee is a nonprofit worker advocacy group based in California that monitors public works projects. "I applaud the labor commissioner's decision and hope that City Plan Development would concur with the findings," Maloney said. "I hope it sends a strong message to contractors that they're going to be held responsible." |