US Department of Labor recovers $44K in back wages, benefits for 12 apprentices incorrectly classified as laborers on Army jobsite

Employer:   Walker White Inc.

Employer address:    7402 Fairfield Road, Columbia, SC 29203

Investigation findings: A U.S. Department of Labor Wage and Hour Division investigation determined that Walker White Inc. – a subcontractor working on a U.S. Army Corps of Engineers’ construction project at Fort Jackson – wrongly classified apprentices as laborers. In doing so, the employer did not pay the required prevailing wage rates, including the basic hourly rate and fringe benefits, in violation of the Davis-Bacon Act. Investigators also found the employer failed to pay overtime rates of time-and-one-half an employee’s basic rate of pay for hours over 40 in a workweek, a violation of the Contract Work Hours and Safety Standards Act.

Recoveries: $44,816 in back wages for 12 employees.

Quote: “Contractors and subcontractors working on government projects using taxpayer dollars, grants or other funding, have to understand they must meet high standards and meet certain obligations,” explained Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina. “Our investigation found that Walker White Inc. was paying workers with specialized pipefitting skills less than generalists that did not possess the same special set of skills.”

“The department is committed to ensuring employees are paid their rightfully earned wages at the legally required wage rate. Employers can find government contract compliance assistance information online, or can reach out to our experts directly with questions,” Benefiel added. 

Background: J. Kokolakis Contracting Inc. subcontracted Walker White Inc. to perform plumbing and HVAC work as part of its contract with U.S. Army Corps of Engineers. 

Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division. Workers and employers can call the division confidentially with questions or concerns – regardless of where they are from – and the division can speak with callers in more than 200 languages. Help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free in English or Spanish. 

The Davis-Bacon Act applies to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair, including painting and decorating, of public buildings or public works.  It requires that contractors and subcontractors pay their laborers and mechanics employed under such contracts no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Learn more about the Davis-Bacon and Related Acts.