Wage & Hour Challenge to Job Targeting Preempted

Kegler Brown Construction Newsletter

In a case where a Cincinnati nonunion electrical contractors association claimed that wage deductions placed into a job targeting fund violated Ohio's prevailing wage law, the Hamilton County Court of Appeals dodged the job targeting issues on the merits, and ruled that such claims could not be heard by a state court because it was preempted by federal law. Indep. Elec. Contrs. v. Hamilton Cty. (1995), 101 Ohio App. 3d 580.

Challenges to job targeting are continuing in Ohio's courts and may be a ripe topic for consideration by the Ohio Supreme Court soon.