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4 min read

Safeguarding Fair Compensation: Unpaid Wages in Construction



In a recent legal battle that resonates within the construction industry, a group of diligent construction workers stood up for their rights to unpaid wages and overtime compensation. Anchoring their claims on federal regulations such as the Fair Labor Standards Act (FLSA) and the Contract Work Hours and Safety Standards Act (CWHASSA), alongside state common law, these workers sought justice for their uncompensated efforts. In this blog post, we delve into the intricacies of the case, shed light on the significance of the Davis-Bacon Act (DBA), and underline the obstacles encountered by the workers in their pursuit of remuneration.

The Lawsuit

Amidst the courtroom clash, nine construction workers emerged as the plaintiffs, bravely challenging three construction companies; Ypsilon, Phoenix, and Ajet, their officers, as well as three insurance companies; Republic, Utica, and IFIC. These workers, who participated in three distinct public construction projects, embarked on a legal quest to reclaim overdue prevailing wages and overtime compensation for their tireless contributions. However, their path to justice was fraught with formidable obstacles.

Contract Work Hours and Safety Standards Act

The district court, in its decision, dismissed the plaintiffs' claims based on the Contract Work Hours and Safety Standards Act (CWHASSA) and state-law arguments. This narrowed the range of available remedies for the workers, limiting them to pursuing unpaid minimum wages and overtime under the Fair Labor Standards Act (FLSA). The plaintiffs' hopes for redress under related acts and regulations were now dependent on prevailing wage laws and their applicability to the case. The court's ruling highlighted the importance of understanding the prevailing wage provisions in the Davis-Bacon Act (DBA) and how they relate to construction projects and wage rates for workers. Moving forward, the workers faced the challenge of proving violations of prevailing wage requirements and seeking fair compensation for their labor on federally funded construction projects. The decision underscored the significance of compliance with labor standards and highlighted the need for effective enforcement mechanisms to ensure fair wages and working conditions for construction workers across the United States.

The Battle for Recovery

Under the Davis-Bacon Act (DBA), federally funded construction projects necessitate the payment of wages at least equal to the prevailing rate to protect the interests of laborers and mechanics. Yet, the court, wielding its legal authority, ascertained that the DBA fails to confer a private right of action for the recovery of back wages. As a result, the claims of the construction workers faced an additional reduction, significantly limiting the eligible plaintiffs to a mere five.

The workers' pursuit of justice and fair compensation echoes the principles enshrined in the Davis-Bacon Act, a longstanding piece of legislation designed to protect the rights and wages of construction workers employed on federally funded projects. Enacted in 1931 during the depths of the Great Depression, this act aimed to combat the prevailing wage disparities prevalent at the time, which often led to unfair practices and lower wages for workers.

Under the Davis-Bacon Act, contractors and subcontractors involved in federally funded construction projects are obligated to pay their workers a prevailing wage rate. This rate is determined by the U.S. Department of Labor's Wage and Hour Division through extensive wage surveys conducted on a local level. By establishing a baseline wage rate that reflects the local labor market, this act ensures that workers receive fair compensation that is commensurate with their skills and experience, thus protecting them from exploitation and wage theft.

In addition to the prevailing wage provisions, the Davis-Bacon Act also sets forth labor standards that guarantee safe working conditions for construction workers. This is particularly crucial in an industry known for its inherent risks and hazards. By enforcing safety standards and regulations, the act aims to protect workers from accidents and injuries on the job, further safeguarding their well-being and livelihoods. As the emboldened workers continue their fight for justice through an appeal, they are bolstered by the protection and support provided by the Davis-Bacon Act. 

Appealing the Decision:

Steeped in resilience, the plaintiffs meticulously assembled their case, mounting thoughtful arguments upon the appellate court. Central to their appeal was the challenge against the dismissal of their state-law claims. In their pursuit of justice, the construction workers attempted to reframe their arguments under a common-law framework, only for the court to dismiss their efforts, deeming it an "end run" around the DBA. Within this complex legal landscape, the court drew a critical distinction between a private statutory right of action and an action under federal law, closely examining the boundaries and intentions of each legal avenue presented.

The Denial to Amend:

Undeterred by the initial setbacks, the plaintiffs fervently sought to bolster their legal position. Proposing an amendment to their complaint, the workers aimed to integrate a claim under Article 6 of the New York Labor Law. Regrettably, their proposed amendment was met with resistance, as the district court deemed the state-law claims an indirect attempt to enforce the prevailing wage schedules entrenched within the DBA. Consequently, the denial of their motion to amend further tested the workers' resolve.

Dissecting the Overtime Compensation:

One critical aspect under scrutiny in this protracted legal struggle revolved around the district court's limitation on the plaintiffs' claims for unpaid overtime compensation. Contrary to the workers' assertions that their compensation should be calculated at one-and-a-half times the prevailing hourly rates, the court opted to compute it at one-and-a-half times the hourly rates actually paid. This decision, enmeshed in precise statutory interpretation, inevitably sparked a pivotal debate.

Proving Unpaid Compensation:

Compiling compelling evidence became the bedrock on which the plaintiffs' FLSA claims for unpaid overtime compensation hinged. Establishing that their employer willfully neglected to compensate them adequately for completed work served as the fundamental threshold to evoke the intended protection of the FLSA. Within this intricate legal tapestry, the FLSA emerged as a crucial instrument empowering employees to seek redress for unpaid overtime compensation and liquidated damages.

The Lack of Evidence:

Sadly, the tale of justice sought by the construction workers is marred by gaps in evidentiary support. Four of the plaintiffs, despite their conviction and determination, failed to submit comprehensive evidence concerning the hours worked or their individual rates of pay. Consequently, the court reaffirmed the district court's decision to grant judgment as a matter of law against these non-testifying plaintiffs, an outcome dictated by the insufficiency of their evidentiary foundation. As for the remaining plaintiffs, their struggle endured, as the available evidence proved inadequate in establishing clear parameters regarding hours worked and rates of pay.

Dissenting Opinion:

Within the multifaceted legal tapestry surrounding this case, a dissenting judge emerged as a staunch advocate for the construction workers' cause. Citing the Davis-Bacon Act (DBA) and the Housing and Community Development Act (HCDA) as potential instruments for justice, this judge boldly dissented, asserting that the workers possess a valid cause for action. Rejecting the notion that the absence of a private right of action should impede their ability to litigate DBA violations under 42 U.S.C. § 1983, this dissenting judge forcefully challenged the majority's conclusions. Encapsulated within their passionately articulated position was the assertion that state law claims rooted in contractual promises to honor DBA prevailing wages should be pursued without obstruction.


The legal battle fought by these tenacious construction workers casts an illuminating spotlight on the complexities entwined within the realms of unpaid wages and overtime compensation in the construction industry. While the plaintiffs encountered significant limitations due to the nature of the Davis-Bacon Act (DBA), their unwavering quest for justice shines a necessary light on the challenges faced by employees seeking to secure just compensation for their dedicated efforts. As the landscape of the construction industry continues to evolve, it remains paramount to fortify the rights of workers involved in federally funded construction projects and ensure that fair treatment and equitable compensation prevail.