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Service Contract Act - Prevailing Wage/Benefits Abuse?

Lancaster, CA |

I was hired several months ago as an archaeologist by a large engineering services firm with a permanent contract with a U.S. military installation. The advertised job title was 'Archaeologist,' but upon my hire, I was given the title 'Contract Specialist.'

My duties match those of Archaeological Technician 2 or 3 as defined by the SCA, and I am required to work full time, but I am paid hourly (not salaried) at a rate lower than the prevailing wage for either of those positions and with no benefits.

When I approached HR about my status, they claimed I was professional staff and an exempt employee, so they need not comply with the SCA salary/benefit guidelines.

Do I have legal recourse to demand prevailing wage/benefits, or is this a loophole my employer can legally exploit?

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Attorney answers 1


It is a little unclear whether you are working for the military or a private company. Your employer's claim (if it is a private company) doesn't make sense. If you are "exempt" then you should have a salary normally. You should try to talk to someone else at HR if possible to clarify. If you feel that you are not being paid properly, you can hire a private attorney (I handle wage claims) or you could contact the labor commissioner of California (just type in Division of Labor Standards and Enforcement into Google).

More information, including your contract and your exact job title, and the relevant work, employer and documents may need to be reviewed to render legal advice. This is general informational advice, and may not reflect your situation. This does not create an attorney client relationship.

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