(A) No person, firm, corporation, or public authority that constructs a public improvement with its own forces, the total overall project cost of which is fairly estimated to be more than the amounts set forth in division (B) of section 4115.03 of the Revised Code, adjusted biennially by the director of commerce pursuant to section 4115.034 of the Revised Code, as appropriate, shall violate the wage provisions of sections 4115.03 to 4115.16 of the Revised Code, or suffer, permit, or require any employee to work for less than the rate of wages so fixed, or violate the provisions of section 4115.07 of the Revised Code. Any employee upon any public improvement, except an employee to whom or on behalf of whom restitution is made pursuant to division (C) of section 4115.13 of the Revised Code, who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the fixed rate of wages and the amount paid to the employee and in addition thereto a sum equal to twenty-five per cent of that difference. The person, firm, corporation, or public authority who fails to pay the rate of wages so fixed also shall pay a penalty to the director of seventy-five per cent of the difference between the fixed rate of wages and the amount paid to the employees on the public improvement. The director shall deposit all moneys received from penalties paid to the director pursuant to this section into the industrial compliance operating fund. The director shall use the fund for the enforcement of sections 4115.03 to 4115.16 of the Revised Code. The employee may file suit for recovery within ninety days of the director's determination of a violation of sections 4115.03 to 4115.16 of the Revised Code or is barred from further action under this division. Where the employee prevails in a suit, the employer shall pay the costs and reasonable attorney's fees allowed by the court.
(B) Any employee upon any public improvement who is paid less than the prevailing rate of wages applicable thereto may file a complaint in writing with the director upon a form furnished by the director. The complaint shall include documented evidence to demonstrate that the employee was paid less than the prevailing wage in violation of this chapter. Upon receipt of a properly completed written complaint of any employee paid less than the prevailing rate of wages applicable, the director shall take an assignment of a claim in trust for the assigning employee and bring any legal action necessary to collect the claim. The employer shall pay the costs and reasonable attorney's fees allowed by the court if the employer is found in violation of sections 4115.03 to 4115.16 of the Revised Code.
(C) If after investigation pursuant to section 4115.13 of the Revised Code, the director determines there is a violation of sections 4115.03 to 4115.16 of the Revised Code and a period of sixty days has elapsed from the date of the determination, and if:
(1) No employee has brought suit pursuant to division (A) of this section;
(2) No employee has requested that the director take an assignment of a wage claim pursuant to division (B) of this section.
The director shall bring any legal action necessary to collect any amounts owed to employees and the director. The director shall pay over to the affected employees the amounts collected to which the affected employees are entitled under division (A) of this section. In any action in which the director prevails, the employer shall pay the costs and reasonable attorney's fees allowed by the court.
(D) Where persons are employed and their rate of wages has been determined as provided in section 4115.04 of the Revised Code, no person, either for self or any other person, shall request, demand, or receive, either before or after the person is engaged, that the person so engaged pay back, return, donate, contribute, or give any part or all of the person's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with such request or demand will prevent the procuring or retaining of employment, and no person shall, directly or indirectly, aid, request, or authorize any other person to violate this section. This division does not apply to any agent or representative of a duly constituted labor organization acting in the collection of dues or assessments of such organization.
(E) The director shall enforce sections 4115.03 to 4115.16 of the Revised Code.
(F) For the purpose of supplementing existing resources and to assist in enforcing division (E) of this section, the director may contract with a person registered as a public accountant under Chapter 4701. of the Revised Code to conduct an audit of a person, firm, corporation, or public authority.
(G) No contractor or subcontractor shall be responsible for the payment of the penalties provided in division (A) of this section resulting from a violation of sections 4115.03 to 4115.16 of the Revised Code by its subcontractor, provided that the contractor or subcontractor has made a good faith effort to ensure that its subcontractor complied with the requirements of sections 4115.03 to 4115.16 of the Revised Code.
Notes of Decisions
Cited in 41
cases (1 in the last 5 years), 1984–2021 · leading case: Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010).
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). · cites it 68ד] Prevailing-wage law — R.C. 4115.10(A) — Penalty for noncompliance in employee-initiated action.”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). · cites it 7ד10 “(A) * * * Any employee upon any public improvement * * * who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the…”
Harris v. Van Hoose, 550 N.E.2d 461 (Ohio 1990). · cites it 7ד10(C) authorizes them to assert prevailing wage claims on behalf of workers who have not brought suit in their own names pursuant to R.C. 4115.10(A) and who have not assigned their claims to the Department of Industrial Relations pursuant to R.”
Dean v. Seco Elec. Co., 519 N.E.2d 837 (Ohio 1988). · cites it 11דThis is a case of first impression requiring us to determine whether a surety, in addition to its duty to pay unpaid wages under its labor and material payment bond, is also liable for the penalty provided in R.C. 4115.10, a sum equal to the unpaid wages as well as reasonable…”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). · cites it 4ד10 “(A) * * * Any employee upon any public improvement * * * who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the…”
State ex rel. Harris v. Williams, 480 N.E.2d 471 (Ohio 1985). · cites it 7דRelator argues that the finding evidenced by the letter of June 11 is not a final order subject to appeal, but merely a finding that the subject employees have a right to' sue under R.C. 4115.10. That section authorizes the filing of a suit for recovery in the common pleas court…”
State v. Buckeye Elec. Co., 466 N.E.2d 894 (Ohio 1984). · cites it 11דR.C. 4115.10 and 4115.13 relate to the authority of the department to bring actions to obtain compensation for employees who were paid less than the prevailing wage.”
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021). · cites it 20ד20AP-263 15 {¶ 28} In addition to the restitution and penalty provisions under R.C. 4115.10, the director must file "with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for…”
J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346 (Ohio 1998). · cites it 4דThe second provision at issue is R.C. 4115.10(D), which prohibits any person from demanding, requesting, or receiving any part of a worker’s wages upon the statement, representation, or understanding that failure to comply with such demand or request will prevent the worker from…”
Hamer v. Danbury Twp. Bd. of Zoning Appeals, 2020 Ohio 3209 (Ohio Ct. App. 2020). · cites it 2דWhile the defending employer argued that the statute’s use of such permissive language rendered the penalty discretionary, the court determined that “‘may recover’ within R.”
Rausch v. Farrington Constr., Inc., 554 N.E.2d 1359 (Ohio Ct. App. 1988). · cites it 20דOn Farrington’s motion, the trial court rendered a judgment on the pleadings and dismissed the plaintiffs’ complaints, ruling that the court had no jurisdiction because the director had not made a prerequisite “determination” as required by R.C. 4115.10. The plaintiffs appeal…”
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). “] Prevailing-wage law — R.C. 4115.10(A) — Penalty for noncompliance in employee-initiated action.”
Hamer v. Danbury Twp. Bd. of Zoning Appeals, 2020 Ohio 3209 (Ohio Ct. App. 2020). “While the defending employer argued that the statute’s use of such permissive language rendered the penalty discretionary, the court determined that “‘may recover’ within R.”
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021). “20AP-263 15 {¶ 28} In addition to the restitution and penalty provisions under R.C. 4115.10, the director must file "with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for…”
— Ohio Rev. Code § 4115.10(B) — 9 cases
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). “] Prevailing-wage law — R.C. 4115.10(A) — Penalty for noncompliance in employee-initiated action.”
Harris v. Van Hoose, 550 N.E.2d 461 (Ohio 1990). “10(C) authorizes them to assert prevailing wage claims on behalf of workers who have not brought suit in their own names pursuant to R.C. 4115.10(A) and who have not assigned their claims to the Department of Industrial Relations pursuant to R.”
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). “] Prevailing-wage law — R.C. 4115.10(A) — Penalty for noncompliance in employee-initiated action.”
Harris v. Van Hoose, 550 N.E.2d 461 (Ohio 1990). “10(C) authorizes them to assert prevailing wage claims on behalf of workers who have not brought suit in their own names pursuant to R.C. 4115.10(A) and who have not assigned their claims to the Department of Industrial Relations pursuant to R.”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). “10 “(A) * * * Any employee upon any public improvement * * * who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the…”
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021). “20AP-263 15 {¶ 28} In addition to the restitution and penalty provisions under R.C. 4115.10, the director must file "with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for…”
J.A. Croson Co. v. J.A. Guy, Inc., 81 Ohio St. 3d 346 (Ohio 1998). “The second provision at issue is R.C. 4115.10(D), which prohibits any person from demanding, requesting, or receiving any part of a worker’s wages upon the statement, representation, or understanding that failure to comply with such demand or request will prevent the worker from…”
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021). “20AP-263 15 {¶ 28} In addition to the restitution and penalty provisions under R.C. 4115.10, the director must file "with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for…”
State v. Buckeye Elec. Co., 466 N.E.2d 894 (Ohio 1984). “R.C. 4115.10 and 4115.13 relate to the authority of the department to bring actions to obtain compensation for employees who were paid less than the prevailing wage.”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). “10 “(A) * * * Any employee upon any public improvement * * * who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the…”
Harris v. Van Hoose, 550 N.E.2d 461 (Ohio 1990). “10(C) authorizes them to assert prevailing wage claims on behalf of workers who have not brought suit in their own names pursuant to R.C. 4115.10(A) and who have not assigned their claims to the Department of Industrial Relations pursuant to R.”
Thomson v. Boss Excavating & Grading, Inc., 2021 Ohio 3743 (Ohio Ct. App. 2021). “20AP-263 15 {¶ 28} In addition to the restitution and penalty provisions under R.C. 4115.10, the director must file "with the secretary of state a list of contractors, subcontractors, and officers of contractors and subcontractors who have been prosecuted and convicted for…”
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