Statutory Penalties for Employer’s Violation of ‘Prevailing Wage’ Statute are Mandatory

The Supreme Court of Ohio ruled today that in an employee-initiated action under the state’s “prevailing wage” statute, when a court finds that a contractor has failed to pay workers the prevailing wage for work on a public improvement project, the court must assess against the employer not only a judgment for the amount of the plaintiffs’ underpaid wages, but also the financial penalties set forth in R.C. 4115.10(A), unless the violation falls under one of two exceptions set forth in R.C. 4115.13(C).

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