Prevailing wage crucial for construction workers

BY SAMANTHA DRAPER
POSTED 02.20.2018

It is sadly ironic that portions of the construction industry have been fighting for years to reduce wages on these important but dangerous jobs are now claiming they face a skilled labor shortage.

Just last year, California’s housing industry spent millions of dollars lobbying against minimum labor standards in any part of the residential construction sector. Even though research shows that construction labor represents a paltry 15% of total housing construction costs, they tried making the mathematically absurd claim that paying their workers enough to pay the rent -even in exchange for less red tape on certain projects – would somehow make California’s housing affordability crisis worse.

Some California contractors talking about labor shortages were trying to convince California municipalities to become “charter cities” so they could circumvent prevailing wage rules.

But they haven’t been the only ones.

Since 2015, five U.S. states have repealed their prevailing wage laws – laws that establish minimum wages for different skilled crafts on publicly funded projects and promote privately financed training programs that are designed to prevent skilled labor shortages. Other states are considering following suit, even though labor represents just over 20% of the total cost of public works projects – a historically small and declining share in what constitutes fully one-third of all output in America’s fourth-largest economic sector.

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California has a Right to Withhold Funds from Charter Cities that Refuse to Apply Prevailing Wages on Public Work Projects; Court Upholds SB 7

 

In recent years, a number of cities have become “charter cities,” in some cases because they believed it would “free” them from state laws requiring they pay prevailing wages on all public projects. Prevailing wages typically are what the prevalent pay is in a region.

In response, Senate Bill 7 (SB 7) passed into law, which allows the state to withhold discretionary funding from charter cities that refuse to require prevailing wage to be paid to workers on public projects.

Six charter cities (City of El Centro, City of Carlsbad, City of El Cajon, City of Fresno, City of Oceanside, and City of Vista) filed a lawsuit challenging SB 7 arguing the law is unconstitutional. In City of El Centro v. David Lanier, decided in August 2014, a judge ruled against the cities and upheld the legality of SB 7. The Court also upheld SB 922 (2011) and SB 829 (2012), which allow the state to restrict discretionary state funding to charter cities that refuse to consider adoption of Project Labor Agreements (PLAs).

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Court Officially Affirms New CA Prevailing Wage Law

Supporters Hail Victory for Bipartisanship, Economy and California Taxpayers

San Diego – Last Friday, after hearing arguments from both sides in the lawsuit aimed at blocking California’s new Prevailing Wage Law (SB7), San Diego Superior Court Judge Joel R. Wohlfeil affirmed his August 28th ruling upholding SB7. SB7 is a bipartisan law enacted in 2013 that encourages more of California’s Charter Cities to pay Prevailing Wage on locally-funded construction projects.

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Mark Breslin: CEOs and business leaders for prevailing wage

By Mark Breslin

Editor’s Note: Senate Bill 7 is co-authored by Sen. Anthony Cannella, R-Ceres, but opposed by leaders of the charter cities in his district, including Modesto and Merced. It was passed by the Senate 28-10 in late May. Last week it was approved by the Assembly Labor and Employment Committee and now it is now in the Assembly Appropriations Committee.As the CEO of United Contractors, I represent hundreds of bottom line, hard-nosed, results-oriented, and fiscally conservative business leaders and CEOs. We support paying prevailing wages because we know what we are getting for our money. Specifically, we know that we are getting highly talented professionals who will get the job done on time and on budget.

At the same time, we are proud that we are creating local jobs – all while modernizing and expanding California’s infrastructure.

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