International Union of Operating Engineers v. Dan Wannemacher Masonry Co.

The sole issue presented by this appeal is whether a sole proprietor who personally performs physical work as a laborer, workman, or mechanic in the construction of a public improvement and who pays his employees prevailing wages, is himself subject to Ohio’s prevailing wage law, R.C. 4115.03 through 4115.16. For the reasons stated below, we hold that such a sole proprietor is not subject to the law and, accordingly, affirm the judgment of the court of appeals. Our holding in this case is expressly limited to an employer who is a sole proprietor.

The primary provisions of the prevailing wage…