Prevailing Wage Litigation

Disputes concerning administration of federal, state, and local prevailing wage laws require sophisticated capabilities concerning:

  • Coverage of prevailing wage statutes and wage determinations issued.
  • Identification of the most appropriate occupations (classifications) to carry out specific job duties.
  • Prevailing wage rates and fringe benefits that correspond to occupations identified.
  • Compliance with prevailing wage requirements and procedures, such as conformance processes to add occupations to appropriate wage determinations.
  • Analysis of industrial sectors that encompass occupations under study.

Prevailing wage requirements are dictated by the Davis-Bacon and Related Acts for federally funded construction projects; the McNamara-O\'Hara Service Contract Act for federal service contracts; and thirty-two State /local prevailing wage laws often termed Little Davis-Bacon Acts.

Prevailing wage cases are led by Alan Moss, Ph.D., former Director of Wage Determinations for the U.S. Wage and Hour Division.

In that capacity, Dr. Moss was responsible for the prevailing wage provisions of the Davis-Bacon and Service Contract Acts. He ended his government service as Wage-Hour Chief Economist and is a former Chief of the Employment and Training Administration\'s Division of Labor Market Information. During his fifteen years with Wage-Hour he initiated:

  • Development of the first Davis-Bacon and Service Contract Act manuals of operation.
  • Automation of wage determination development and publication.
  • Programs of staff training and interested party seminars.
  • A program of National Office and Regional compliance surveys.
  • Preparation of published economic reports on the U.S. minimum wage for distribution to Members of Congress.

As Senior Consultant at Employment Research Corporation, Dr. Moss has prepared reports and delivered expert testimony to shape required wage rates in accordance with State prevailing wage laws; directed a team in determining the economic loss of plaintiffs in a case involving a large financial institution\'s failure to pay wages in accordance with Federal and State labor laws; and led a study of uncompensated preliminary and postliminary activities with the view toward verifying appropriate damage estimates.



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