Ohio Supreme Court Rules that Prevailing-Wage Does Not Apply To Off-Site Labor and Limits Standing To Sue on Employees’ Behalf

Kegler Brown Construction Alert

Today, the Ohio Supreme Court ruled that the requirement to pay prevailing-wage applies only to "persons whose work is performed directly on the site of the public improvement." In Sheet Metal Workers' Internatl. Assn.,Local Union No. 33 v. Gene's Refrigeration, Heating and Air Conditioning, Inc., the Court determined that prevailing-wage did not apply to an employee who fabricated mechanical ductwork off-site.

Additionally, the Court ruled that a labor organization that obtains authorization to represent one employee does not have standing as an "interested party" to pursue prevailing-wage violations on behalf of those employees who did not provide such authorization.