Lawsuit Claims PSC Industrial Services, One Other Owe Unpaid Prevailing Wages, Supp. Benefits

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A proposed class action lawsuit filed on behalf of utility workers currently or formerly employed by PSC Industrial Outsourcing LP alleges the company and co-defendant Joe Doe Bonding Company failed to pay proper prevailing wages and supplemental benefits for projects in New York and New Jersey.

The lawsuit notes PSC, which does business as PSC Industrial Services, is party to contracts with Con Edison, PSEG, National Grid, and other companies to handle waste removal, restoration and remediation duties at various work sites. These contracts, the complaint continues, contain provisions requiring the defendant to pay employees working on projects in New York at the hourly rate of prevailing wages and supplemental benefits as set by either the New York City Comptroller or state Department of Labor. The lawsuit notes roughly the same compensation guidelines are in place for utility projects performed in New Jersey. Defendant John Doe Bonding company, the case says, produces Labor and Material Payment bonds that essentially ensure the company will cover any unpaid prevailing wages and supplemental benefits in the event PSC fails to pay these wages.

The lawsuit summarily alleges the plaintiff and proposed class members worked 10 to 12 hours per day and were paid only $16 per hour for various utility projects, far below the applicable prevailing wage and supplemental benefit rate owed in New Jersey. Moreover, the case claims the plaintiff was not paid time-and-a-half overtime for when he worked more than eight hours per day, nor during premium time on weekends or holidays.