Even if an employee is expected to be paid at a rate higher than the prevailing wage rate, the Division of Labor Standards can only determine back wages due to the employee based on the difference between the wages actually received and the statutorily required prevailing wage rate. The employee may still have a basis (such as an employment contract requiring payment at the higher wage rate) to pursue a private legal remedy on his/her own with regard to the remaining wages.
Suppose an employee expected to receive $800 for 40 hours of work ($20 per hour), but was paid only $500 for that 40 hours of work ($12.50 per hour). When the Division of Labor Standards determines the back wages due to the employee, it may only calculate the back wages due based on the difference between the prevailing wage rate and the wage rate actually paid.
If someone believes they are not being paid correctly, they can contact the Division of Labor Standards at 573-751-3403. To start an investigation, the employee will need to complete the Prevailing Wage Complaint Form. Once the complaint is filed, the Division of Labor Standards will conduct an investigation to assure compliance with the Prevailing Wage Law.
Minimum Wage Complaints
To learn more about and file minimum wage complaints, click here.