Cleveland Law Library Weblog

Cleveland Has Updated Its Equal Opportunity Rules for Business

The City of Cleveland recently updated the equal opportunity provisions of its Business Code. The changes affect Chapter 187 and among other provisions, provide that contractors cannot discriminate and the City will give equal access to contracts to minority and female-owned businesses. These changes supplement the existing Codified ordinances that can be found by linking to Findlaw.com from Cleveland's City Council website. An earlier ordinance, 77-08 also pertains to the changes and can be found in the February 6, 2008 City Record.

Ohio Governor Strickland Issues Prevailing Wage Guidelines

On September 10th, Governor Strickland issued prevailing wage guidelines for public works projects in Ohio. An article from cleveland.com indicates that both the ABC (Associated Builders and Contractors of Ohio) and the Republican party are upset, claiming that the new guidelines expand prevailing wage rules to new situations that will drive employers out of Ohio. In contrast, the Governor's office claims that the rules are simply a clarification intended to ensure that Clean Ohio projects and equipment/machine purchases are covered by the PW laws. Ohio's prevailing wage laws can be found in O.R.C. Chapter 4115. Detailed information on these laws can be found at the website for the Ohio Department of Commerce: Division of Labor & Worker Safety.

Ohio Supreme Court Holds Cleveland in Contempt Over Prevailing Wages

The Ohio Supreme Court (Case 2006-2056) has held the City of Cleveland, Cleveland City Council, and Mayor Jackson in contempt of court for failing to pay prevailing wages awarded to 71 workers in August. The case was brought by construction-related operators and master mechanics who claimed they were due additional wages for an 11 year period between 5/1/94 and 2/14/05. Although the Supreme Court granted a writ of mandamus compelling the defendants to pay the workers their wages plus prejudgment, the Plain Dealer reports that as of today, the defendants have only paid the 19 named plaintiffs. The Plain Dealer estimates the damages interest at $3.3 million dollars. Click here to read our prior post about the damages award.

Cleveland Liable for 11 Years of Prevailing Wages

The prevailing wage case no one thought would ever end is finally over. On August 15, 2007, the Ohio Supreme Court granted a writ of mandamus in Case No. 2006-2056 to Municipal Construction Equipment Operators' Labor Council and individual Cleveland workers to compel the City of Cleveland, its Mayor, and its City Council to pay construction-related operators and master mechanics the difference between the prevailing wage rates and the lower wages they were paid over 11 years from 5/1/94 through 2/14/05. The lotto kicker is that the Ohio Supreme Court also awarded prejudgment interest on all money due and owing. However, the Court declined to issue a writ of mandamus requiring the City to credit the workers with sick leave over a much longer period of time from 10/29/80-2/14/05. Finally, the Court held that relators waived their right to seek attorney fees. Ohio's prevailing wage laws are contained in ORC Chapter 4115.

Prevailing Wage Laws to be More Aggressively Enforced

Crain's Cleveland Business reports that Ohio Attorney General Marc Dann has started a campaign to more aggressively enforce Ohio's Prevailing Wage Laws. These laws, which govern wages and hours on public works projects, can be found in the Ohio Revised Code.   According to Crain's, Dann will be allocating 6 attorneys to work with the Department of Commerce to enforce the existing laws. This announcement comes on the heels of a settlement of a major prevailing wage case in Ashtabula County involving 19 contractors and subcontractors who will be paying almost $453,000 to employees who were not paid prevailing wages for work they performed at an environmental cleanup site. Click here to read the Akron Beacon Journal's article.