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WORTH & CO. v. DEPT. OF LABOR AND INDUSTRY

938 A.2d 239 (2007)

WORTH & COMPANY, INC. v. DEPARTMENT OF LABOR AND INDUSTRY. Appeal of Department of Labor And Industry.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Roger H. Caffier, James A. Holzman, Peter Von Getzie, PA Dept. of Labor & Industry, Barbara Adams, PA Office of General Counsel, Harrisburg, for Dept. of Labor & Industry.

Jay R. Lantzy, Francis Stephenson Matthes, Tucker Arensberg, P.C., for Prevailing Wage Appeals Board.

Brian Edward Subers, Andrew W. Bonekemper, Fox Rothschild, LLP, Lansdale, for Worth & Co., Inc.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ.

OPINION

Justice EAKIN.

In September, 1998, Lower Merion School District awarded a contract to appellee, Worth & Company, Inc., to perform construction work. Appellee subcontracted sprinkler work to First Choice Fire Protection, Inc. The Department of Labor and Industry subsequently investigated allegations that First Choice failed to pay certain workers on the project the prevailing minimum wage, as required by the Prevailing Wage Act.

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