November 28, 2020

Volume X, Number 333


Indiana Repeals Common Construction Wage Act

Indiana Governor Mike Pence has ended Indiana’s reliance on the Common Construction Wage Act (CCWA), a system that Indiana’s state and local governments have used for eight decades for most publicly funded construction projects.

Last week, Gov. Pence signed into law House Enrolled Act 1019 which repeals the CCWA.

The statute provides that, unless required by federal or state law, public agencies are prohibited from establishing, mandating, or otherwise requiring a wage scale or wage schedule for a public works project.

Under the old system, boards in each county set the hourly wage rates for each job classification for publicly financed projects in that county in excess of $350,000. The repeal of the CCWA eliminates these local boards and modifies public project bidding to be more similar to bidding in private sector projects.

Proponents of the act say that wages on public projects should be set by the marketplace and not by the government. In addition, proponents predict significant savings to taxpayers under the new system. Opponents of the act contend that repealing the act will not result in the predicted savings and will instead expose Indiana projects to underpaid and untrained out-of-state construction workers.

In response to those criticisms, the act includes provisions on apprenticeships and the use of the E-Verify system.

Indiana joins West Virginia and Nevada in recently repealing state prevailing wage acts.

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume V, Number 132



About this Author

Kenneth J. Yerkes Employment lawyer Barnes Thornburg

Chair of the firm’s Labor and Employment Department for two decades, Ken Yerkes has spent over 30 years successfully fighting for his clients' rights and business objectives at the bargaining table, in arbitration and federal and state court, as well as in plants across the country through proactive training, counseling and union avoidance campaigns.

Ken's ability to transform complex scenarios into workable strategies has earned him not only his clients' trust, but also acclaim as one of the country’s recognized leaders in labor and employment law. He is a fellow...

John Koenig, Barnes Thornburg Law Firm, Atlanta and Indianapolis, Labor and Employment Law Attorney

John T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a national, full-service practice representing management exclusively in all aspects of labor and employment law.

Traditional Labor

Mr. Koenig represents companies in the grievance and arbitration process, collective bargaining, strike preparation, union organizing and election matters, and in unfair labor practice and representational cases before the NLRB. He frequently trains supervisors on effective and...

David B. Ritter Barnes Thornburg Law Firm Labor and Employment Law Attorney Chicago

David B. Ritter is a partner in the Chicago office of Barnes & Thornburg LLP. He is a member of the firm’s Labor & Employment Law Department and co-chairs the Logistics and Transportation Practice Group. He represents management nationwide in virtually all areas of labor and employment law, including employment discrimination and harassment claims, wage and hour disputes, non-compete, trade secret and restrictive covenants and employment torts.

With nearly 30 years of experience representing public and private companies, Mr. Ritter has...

William A. Nolan Labor and Employment Law Attorney Barnes Thornburg Law Firm Columbus

William A. Nolan serves as the Managing Partner of Barnes & Thornburg LLP’s Columbus, Ohio, office, which he opened in 2009. He is a member of the firm’s Labor and Employment Law Department. Bill has extensive experience as a litigator, trial lawyer and counselor. His practice includes a broad range of issues that organizations face in our rapidly changing competitive, legal and workplace environments. In short, he works to help management structure organizations, practices and relationships to proactively minimize the business disruption of disputes, and to help clients prevail when...

Mark Kittaka, Barnes Thornburg Law Firm, Fort Wayne and Columbus, Labor and Employment Law Attorney

Mark S. Kittaka is a partner and the administrator of the Labor and Employment Law Department of Barnes & Thornburg LLP’s Fort Wayne, Indiana office. Mr. Kittaka’s practice covers all areas of labor and employment law including federal and state litigation concerning discriminatory practices and retaliation claims, including, but not limited to: Title VII race, sex, color, and religious discrimination claims; the Americans with Disabilities Act (ADA) (disability discrimination, reasonable accommodation, interactive process); Age Discrimination in Employment Act (ADEA); the Family and...