In the case of Thomson v. Boss Excavating & Grading, Inc., 2021-Ohio-3743, the Tenth District Court of Appeals held that an employee may bring an individual action against an employer for failure to pay a prevailing wage.
Here, an employee argued that they were entitled to back pay and front pay after they were fired for threatening to contact the Ohio Department of Labor against the employer for failure to pay employees a prevailing wage. The employer argued that the employee improperly filed an individual action and that the claim should be dismissed.
The Court reasoned that it is a substantive right to be paid a prevailing wage and that an individual action is appropriate to protect this right because the statute does not properly do so.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.