Federal jobs

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liquidtite

Senior Member
Location
Ny
I posted a thread a few mounts ago regarding federal pw jobs that I was working on in NYC . I believe I was not paid correct amount i was being paid around 21 ph .21ph is apprentice wage after looking at the dol website and articles it states you can not be deemed an apprentice if you have not graduated from a federally approved apprentice program,therfor I should have been paid jambs wage witch is around 50 ph.i called dol around 6mounths ago and gave the lady all of the info about the company and were I was working at . After waiting 4mounths I tried calling her on phone with no answer ,so I tried email with no answer.so I called a diff division in mass I think it's their head quarters he said I was correct that I should have been paid jambs wage as far as he could see but he can't help me bc it's a diff div .he did contact the lady through email ,and finally the lady contacted me and said sorry for not getting back to you but we get thousands of complaints my field agents are handling it she asked a few more questions and that was it .i waited anouther 2mounths and tried contacting her with no answer ,do these matters usually take along time to handle its frustrating that the only time the dol lady contacted me was when I called anouther div .theirs no communication , I was thinking about sending a letter to get it in writing .is their anything I can do to speed up the process , I've worked on that job for a year and us possible owed a lot of money .when the lady contacted me she said her agents are trying to see wat the contract says on the jobsi was on witch also makes no sense to me , i have not herd from her since
 
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ceb58

Senior Member
Location
Raeford, NC
I would go in person to your DOL & state my case. Please hit the ENTER button to break up long post. Thanks

Spell check doesn't hurt ether.
Any way......... Your dealing with the government the only thing they are fast about is if you owe them money. Have you contacted the contractor you were working for?
 

Fulthrotl

~Autocorrect is My Worst Enema.~
I posted a thread a few mounts ago regarding federal pw jobs that I was working on in NYC . I believe I was not paid correct amount i was being paid around 21 ph .21ph is apprentice wage after looking at the dol website and articles it states you can not be deemed an apprentice if you have not graduated from a federally approved apprentice program,therfor I should have been paid jambs wage witch is around 50 ph.i called dol around 6mounths ago and gave the lady all of the info about the company and were I was working at . After waiting 4mounths I tried calling her on phone with no answer ,so I tried email with no answer.so I called a diff division in mass I think it's their head quarters he said I was correct that I should have been paid jambs wage as far as he could see but he can't help me bc it's a diff div .he did contact the lady through email ,and finally the lady contacted me and said sorry for not getting back to you but we get thousands of complaints my field agents are handling it she asked a few more questions and that was it .i waited anouther 2mounths and tried contacting her with no answer ,do these matters usually take along time to handle its frustrating that the only time the dol lady contacted me was when I called anouther div .theirs no communication , I was thinking about sending a letter to get it in writing .is their anything I can do to speed up the process , I've worked on that job for a year and us possible owed a lot of money .when the lady contacted me she said her agents are trying to see wat the contract says on the jobsi was on witch also makes no sense to me , i have not herd from her since

um you are probably going to have to communicate with the people who might be able to help you,in writing.that includes here.spell check is the default setting on almost any piece of software you might use to communicate with.a double space between thoughts is a good way to form a communication.that is why we form sentences,and paragraphs. otherwise,people tend to delete what you have written,unread.if it isn't important enough for you to bother with spell check,it isn't important enough for me to bother reading it.

============================================
um... you are probably going to have to communicate with the
people who might be able to help you, in writing.

that includes here.

spell check is the default setting on almost any piece of software
you might use to communicate with.

a double space between thoughts is a good way to form a communication.
that is why we form sentences, and paragraphs.

otherwise, people tend to delete what you have written, unread. if it
isn't important enough for you to bother with spell check, it isn't important
enough for me to bother reading it.
================================



see?
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
It is hard to tell from your narrative but it appears like you got a job doing kind of apprentice work but were not in an actual apprentice program so you think you should have been paid more for the work you did than an actual apprentice would have been paid.

How is it that they hired you to work as an apprentice when you were not in an apprentice program?
 

liquidtite

Senior Member
Location
Ny
I worked for a non- union shop, I was hired with three years experience .
I never went through an apprentice program,so on provalinge wage jobs I can't be considered an apprentice and must be paid jmans wage.
It says this in the dol website .
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
Graduating from an apprentice program is not a requirement
in a non union shop

Its not a requirement for all jobs in union shops either.

I noticed you avoided answering the question I actually asked.

You were apparently hired to do work as an apprentice. It seems unlikely that a contractor on a project subject to these rules would not know that you have to actually be an apprentice to work as an apprentice on one of these projects.

How is it that you came to get the job when you were unqualified for it? Did you claim to be in an apprenticeship program even though you were not?
 

growler

Senior Member
Location
Atlanta,GA
You were apparently hired to do work as an apprentice. It seems unlikely that a contractor on a project subject to these rules would not know that you have to actually be an apprentice to work as an apprentice on one of these projects.

How is it that you came to get the job when you were unqualified for it? Did you claim to be in an apprenticeship program even though you were not?


Just because a person is working as an apprentice electrician doesn't mean they are in an "approved" apprenticeship program.

Here in the South very few people end up in an approved apprenticeship program. They hire in to work for a licensed electrician as an apprentice/helper and go to a trade school or community college to learn theory. When they have the required time in the trade they can test for a license.

It's all good enough to get a license but it's not a Federally approved apprenticeship that would be required by the DOL.


To answer your question, there are a lot of dumb contractors out there that try and beat the system and many of them succeed. If the OP gives up his quest to get paid this contractor will be one of the lucky one's.
 

growler

Senior Member
Location
Atlanta,GA
do these matters usually take along time to handle its frustrating

I think your real problem is the fact that the job has been over for some time. The contractor has collected his money and as far as the Government is concerned it's a done deal.

If you had contacted the DOL while the job was on-going it would have been a simple matter for them to send someone out to check on the situation. The contractor would have been in violation of his contract and would have had no choice but to pay if he ever wanted to collect his money.
 

liquidtite

Senior Member
Location
Ny
I never said I was in an apprentice program , he hired me as an apprentice .Since he gets jobs that are rate and non rate when I step on a job thats pw I cannot be titled an apprentice ,bc I never graduated from a apprentice program ,and must get jmans wage .It has nothing to do with being qualified ,of course I was qualified or I wouldn't have been picked to work at that job
 

liquidtite

Senior Member
Location
Ny
I think your real problem is the fact that the job has been over for some time. The contractor has collected his money and as far as the Government is concerned it's a done deal.

If you had contacted the DOL while the job was on-going it would have been a simple matter for them to send someone out to check on the situation. The contractor would have been in violation of his contract and would have had no choice but to pay if he ever wanted to collect his money.
I contacted a employee of his and he told me their still working at the federal building .
the contractor just finished phase one of a three phase project when I left . The dol lady said their trying to see what was in the contract or is in the contract .
its been around six mounths with no communication on her part . I. Don't understand about the contract part of it
 

__dan

Senior Member
Check the state law for wage disputes. In Ct the law provides for double the difference plus attorney fee, so there may be no downside to employing an attorney.

Make sure your complaint is in writing and signed. Then if there a backlog of cases to clear, you will be in the system. Make sure your complaint is filed and in the system, then they should be able to tell you how long the wait is.

Wage dispute is a civil mater settled with a check. If the contractor cannot or will not pay, if wrongdoing is found, that becomes "failure to pay wages" and is probably a criminal charge with possible jail time as the penalty. Read and know the law.
 

liquidtite

Senior Member
Location
Ny
Check the state law for wage disputes. In Ct the law provides for double the difference plus attorney fee, so there may be no downside to employing an attorney.

Make sure your complaint is in writing and signed. Then if there a backlog of cases to clear, you will be in the system. Make sure your complaint is filed and in the system, then they should be able to tell you how long the wait is.

Wage dispute is a civil mater settled with a check. If the contractor cannot or will not pay, if wrongdoing is found, that becomes "failure to pay wages" and is probably a criminal charge with possible jail time as the penalty. Read and know the law.
Thank you that is good advise .
i really appreciate everyone's help
 

John120/240

Senior Member
Location
Olathe, Kansas
i have a question...

Did he pay you what you agreed upon as a wage between the two of you?

yes or no?

Fulthrotl, That is an excellent point. Liquidtite at what time during your employment did you realize that you were getting the shaft ? What action did you take to rectify the situation then & not six months later ?
 

__dan

Senior Member
i have a question...

Did he pay you what you agreed upon as a wage between the two of you?

yes or no?

I don't see what that has to do with anything. If it's a scale or Davis Bacon job, the jman wage rate is listed right in the spec book and the apprentice rate is a set percentage of that. The contractor is bound by statute and by the contract documents for what the pay rate is. The apprentice cannot enter his own contract to take a lower rate, such a contract has four parts to be binding, one of which is legality.

The regular jman or apprentice probably never sees the spec book. It's happens that it is common for contractors to not tell the employee the job is scale, or they withhold the pension contribution and play games with that. Young guys on their first rate job may not know the ins and outs. There could be intimidation and lying, employers can be willfully anti labor, with much more experience at their game compared to green apprentices. That's what DOL and the statutes are for.

There is a statute of limitations under which to bring a claim, but it is years. The claim is based on the statutes and the contract documents, not on any other agreement.
 
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