Gibbs Construction Co. v. State, Department of Labor

I disagree with the majority’s holding that the Louisiana Prevailing Wage Statute (“PWS”) authorizes the Department of Labor (“DOL”) to issue and enforce against a contractor an administrative order to pay wage deficiencies and penalties due a subcontractor’s workers when the state contracting agency has no accrued payments withheld (“retainage”) with which to satisfy the order. Because I believe a fair and impartial reading of the PWS leads to a result different from that found by the majority, I respectfully dissent.

THE DOL IS NOT AUTHORIZED UNDER THE PWS TO ISSUE OR ENFORCE AN ORDER TO PAY.