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The time to bring a claim is governed by statutes of limitations. In California, there are various statutes of limitations that may be applicable in a prevailing wage claim. Some time limits may be short, so it is important that you consult an attorney as soon as possible if you have a potential claim. Failure to bring a claim may result in the reduction or complete denial of your claim, so it is important that you see an attorney immediately if you have a claim.

Contractors who work on a public work must maintain payroll records of all workers on the project. The contractor must maintain and record all hours worked, the hourly rate of pay, the amounts paid and the work classification (for example, operating engineer) for each hour worked. The contractor is required to maintain and to certify the payroll records which may be obtained by the worker or other interested parties. Workers are not required to keep record of all hours worked and all work performed however, workers on public works are advised to do so.

The prevailing wage rate includes the basic straight time hourly rate and employer payments for fringe benefits including health and welfare, retirement, vacation pay and training. The DIR also sets rates for overtime and holiday in addition to straight time.

Misclassification occurs when a contractor pays a worker a rate that is not the correct rate for the work performed. For example, if an electrical contractor pays its Electricians the rate of pay of a lower paid Laborer and classifies the workers as laborers, but the work is electrician work, the workers have been misclassified. The contractor has failed to pay the correct prevailing wage rate for the work performed.

All workers employed on public works projects costing more than $1,000 must be paid not less than the general prevailing rate for their classification. This would include workers employed on the project. In certain circumstances the prevailing wage laws may cover individuals who performed work off site if the work was in execution of the public works contract.