Okay, please bear with me as I try to explain this issue. My husband's former employer had him and another employee on a construction job site that was a federal prevailing wage rate job for several weeks. She paid him three times in 3 months, although she filled out the time cards and signed her name indicating that the employees were paid weekly. I can prove this did not happen. Now, two months after his employment was terminated, she never turned in his final hours to the construction company and still owes him for 64 hours. She sent a letter instead of his check informing him that she was contesting his hours and he could take a settlement of 40 hours and that was all she was going to give him. The other employee was paid for the full 64 hours. When she related that she was contesting his hours, she did not actually contest them with the construction company. She has done nothing. She has told him that according to the labor board and her attorney, she doesn't have to pay him for his hours since he owns 11% of her company. Please keep in mind that he had been paid hourly up until the last paycheck. Of course, she won't give us the name of her attoney or her contact at the labor board. Nor will she hand over the company documents to show exactly what my husband's 11% is.
How on earth do I handle this?

:confused:

You need to speak with a lawyer, or better yet, talk to the labor board yourself.

If your husband's company is a sub-contractor to the prime contractor for the federal job, have him call the prime contractor and lay out to them the issue. He should say that he will be filing a complaint with the Federal Department of Labor.

They will withhold payment to the sub-contractor. That should get the attention of the company.

Follow through on the threat to contact USDOL. It might take them some time to get moving and I suspect that the prime and sub-contractor will resolve the issue faster, but at least the process will have been started should the intervention of the DOL be needed.

I wanted to tell you both thank you so much for your help and your prompt replies. We did get in touch with the labor division and hopefully we will be able to resolve this. However, if anything else pops up, I will be back. Again thank you.

Alright, now I think I need an attorney. We contacted both the Contracting Officer at the base and the Labor Board. Both have told us there is nothing they can do as the funds have already been paid to the contractor and the subs. How can this possibly be right? My husband did the work. Doesn't someone have an obligation to see that he is compensated since his employer won't? Sorry, that sounded like whining. I'm just at a loss. Do I have any other avenues before I spend money I don't have on an attorney?

You contatcted the US Dept of Labor and they would not help? I cannot imagine but...

Then the next step is to call BOTH your US Senators and your representative to the US House. Especially if any of those are running for election this year.

And a new attorney. (shaking head)

What about the state Dept. of Labor?

What about the state Dept. of Labor?

Out of their jurisdiction. They cannot enforce a federal wage determination.

I took your advice and sent messages to our esteemed elected officials. Would it be too pessimistic if I admitted that I am not overly confident in their abilities?
Thanks for your help.

Would it be too pessimistic if I admitted that I am not overly confident in their abilities?

Yes, you would be a pessimist, but congressional inquiries are not welcome by anyone. I suspect a contractor could find itself banned from bidding and suffer a major source of revenue.

Alright, now I think I need an attorney. We contacted both the Contracting Officer at the base and the Labor Board. Both have told us there is nothing they can do as the funds have already been paid to the contractor and the subs. How can this possibly be right? My husband did the work. Doesn't someone have an obligation to see that he is compensated since his employer won't? Sorry, that sounded like whining. I'm just at a loss. Do I have any other avenues before I spend money I don't have on an attorney?

That would only be correct if the contract has been completed. The monies have alreadt been paid for that particular week. If the contract has ended, then there is really nothing that can be done, by the contracting agency or the USDOL. However, if the contract (construction still on going) then the response received was an incorrect one. IMHO... If the construction project has ended there no legal recourse under USDOL law. You may, however, contact a lawyer who may file a lawsuit under some statutes applicable in this situation.