Sherba Bros., Inc. v. Campbell
| Decision Date | 09 August 1978 |
| Docket Number | No. 77-1610,77-1610 |
| Citation | 361 So.2d 814 |
| Parties | 23 Wage & Hour Cas. (BNA) 1139, 86 Lab.Cas. P 55,188 SHERBA BROS., INC., a Florida Corporation, Petitioner, v. James A. CAMPBELL, Charles Anthony Farina and Robert B. Turner, Respondents. |
| Court | Florida District Court of Appeals |
John Greenfield of the Law Offices of Leo Greenfield, North Miami, for petitioner.
Steven H. Parton, Tallahassee, for respondents.
Petitioner seeks review of a final agency order of the Division of Labor of the Florida Department of Commerce, which ordered petitioner to pay respondents certain sums found to be due under the prevailing wage rate on public work projects in Dade County.
Petitioner was the electrical, plumbing and air-conditioning sub-contractor for the State Project on the Florida International University Interama Campus in Dade County. Since the project exceeded $5000 in value, the Prevailing Wage Law applied requiring that certain minimum wages be paid to all laborers, mechanics and apprentices on the job. 1
Respondent Campbell was employed by petitioner as a "helper," Farina as a "first class helper" and Turner as a "journeyman electrician" and later was given responsibility as a foreman. Each of the respondents was paid less per hour than was required by the prevailing schedule of wages applicable to the specified category of activity most nearly describing the respondent's work. Thus, the work performed by Campbell and Farina was similar to work done by laborers. Turner's work was that of an electrician and a foreman.
Each of the respondents learned he was being underpaid prior to filing his claim, yet all continued for a time to accept the wages paid by petitioner. Petitioner contends they thus waived the statutory requirement. Secondly, petitioner argues that there is no substantial competent evidence to support the finding that respondents' work fell into the categories determined by the agency.
We have reviewed the record presented and find adequate support for the conclusion of the Department, and we reject the waiver argument. The Legislature determined it to be the policy of the State to require the minimum wages be paid on public work projects commensurate with the prevailing rate of wages in the area in which the work is being performed. To effectuate its purpose the Act is to be liberally construed. 2 Acceptance of petitioner's contention would subvert the purpose of the Act simply by labeling job descriptions differently than as specified in the prevailing wage schedule. The evidence here supports a determination that Campbell and Farina were entitled to laborers' wages and that Turner was entitled to an...
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...defense may be waived by contract). Other statutory rights and duties may not be waived or exempted by contract. Sherba Bros., Inc. v. Campbell, 361 So.2d 814 (Fla.App.1978) (minimum wage); Iowa Mutual Ins. Co. v. Parr, 189 Kan. 475, 370 P.2d 400 (1962) (property exemptions from attachment ......
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...do not in general apply to transactions that are forbidden by statute or are contrary to the public policy. Sherba Bros., Inc. v. Campbell, 361 So.2d 814 (Fla. 4th DCA 1978); Confederation Life Association v. Conte, 254 So.2d 45 (Fla. 3d DCA 1971); State v. City of Hialeah, 156 So.2d 675 (F......
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