deschanel wrote:what do you mean here ? they paid $11/hour for the bench ? or they paid it when you were working on a contract?????
They did not pay anything to anybody for bench time. They were forced to start paying just recently.
They where reporting $11/hour as earnings and $400/week as Per Diem.
All law authorities clearly state that in order to meet prevaling wage requirements, only money that are reported as earnings should be considered.
They will also have a very hard time explaining in court about how Per Diem is part of the salary that they promissed to pay to the person in his employment agreement.