Based on a Monday order from Judge Michael Griffin's First Judicial Court, Carson-Tahoe Hospital must pay prevailing wages during construction of its new Regional Medical Center.
Hospital officials could appeal the decision, said Ed Epperson, the hospital's chief executive officer.
"We had hoped, and felt it appropriate, for Judge Griffin to refer the decision to the Department of Labor, but he has decided the prevailing wage is the appropriate guideline," Epperson said. "We're evaluating whether we should appeal the decision beyond the scope of this court, but that is a preliminary thought."
The issue involves state statutes governing payment of prevailing wages, and whether those rules are limited to public projects or include private projects. Griffin was firm in Monday's order, saying the statute in question, 244A, includes "health and care" facilities.
"It was and is the intention of the Legislature that prevailing wages be paid to cover construction workers on projects financed with economic development bonds, as has occurred on this project," Griffin wrote. "The enforcement mechanism of the payment of prevailing wages lies with the Office of the Labor Commissioner."
Under Nevada law, prevailing wages are determined by an annual survey by the state labor commissioner of contractors who have done work in the county where the project is being built.
Attorney Desmond Lee represents Southwest Regional Carpenters Local 971 in the case. He said Monday's court order reiterates Griffin's April 19 decision.
"The Labor Commissioner will have to prosecute any back wages owed prior to this decision," Lee said. "Hopefully, they will also monitor the project to be sure prevailing wage is enforced."
Michael Langton, attorney for Cecil Hoffman and the Building Trades Council, said the decision is clear and he is disappointed that a court appearance was needed to resolve the issues.
"I'm filing a notice of entry/order with the Nevada Supreme Court this week," he said. "Once it's filed, any concerned parties have 30 days to appeal."
Contact Susie Vasquez at svasquez@nevadaappeal.com or 881-1212.
