Ogundare v. Department of Industrial Relations, Division of Labor Standards Enforcement

Debarment decisions of the Division of Labor Standards Enforcement, which prohibit a contractor from bidding on public construction contracts for a specified period of time as a sanction for failure to pay prevailing wages with intent to defraud, do not implicate a vested right and are judicially reviewed under the substantial evidence test. Unexplained discrepancy between employee’s testimony--that he was paid $15 per hour for 61 hours as confirmed by his weekly paycheck--and the certified payroll records for that same week--showing that he was paid prevailing wages of $36.10 per hour and only worked 25 hours that week--constituted substantial evidence his employer failed to pay prevailing wages with intent to defraud.
     Ogundare v. Department of Industrial Relations, Division of Labor Standards Enforcement - filed February 27, 2013, publication ordered March 18, 2013, Fifth District
     Cite as F061162

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