Are the States “Prevailing Wage” Laws Constitutional?
Lujan v. G & G Fire Sprinklers, Inc. Docket No. 00-0152 From: The Ninth Circuit Case at a Glance Many states have enacted “prevailing wage laws,” which require all contractors working on public work projects to pay their employees “prevailing wages.” The statute authorizes the State Department of Labor to issue a “Notice to Withhold” to an awarding body (the owner) to withhold payments due under the contract to the prime contractor for alleged violations. The Notice to Withhold is made without notice or a hearing. Contractors claim this procedure violates due process of law. • Previewed by Ralph C. Anzivino, a professor of law at Marquette University Law School in Milwaukee, Wis..
