Public WorksQuestion 1603 of 1632

On a public works project, the prevailing wage obligation applies to:

a.Only those workers who ask to be paid the prevailing rate
b.Only the workers dispatched from a union hiring hall
c.All workers in covered crafts, subs' included
d.Only the prime contractor's own payroll employees

Explanation

Labor Code §1774 binds the contractor and every subcontractor to pay not less than the prevailing rate, and §1772 covers all workers employed on the public work in covered classifications. The duty is not waivable by silence, so a worker who never asks is still owed it. Union membership and dispatch are irrelevant: the rate is set by craft and county, not by who hired the worker. Confining it to the prime's own payroll is the error §1774 exists to prevent, since most public works labour is performed by subcontractors.

Law Reference: Labor Code §1774; §1772

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