Thomas v. Teaneck Bd. of Educ

In Thomas v. Teaneck Bd. of Educ., 184 N.J.Super. 443, 445-46, 446 A.2d 547 (App.Div.1982), the Court held that the Act was "applicable only in favor of employees of contractors and subcontractors on public work projects and not in favor of permanent or temporary employees of public subdivisions which themselves undertake public work projects." There, the Teaneck Board of Education undertook the repair and construction of a school auditorium after private bids failed to comport with the authorized bond amount available for the project. Id. at 445, 446 A.2d 547. The school board temporarily hired a mason to assist with the project. Ibid. The mason was hired at a rate below the prevailing wage rate in the locality and brought suit after completion of the construction to be compensated at the prevailing rate. Ibid. The Court determined that the Act did not protect the mason as an employee of the school board and therefore the mason was not entitled to the prevailing wage. Id. at. at 446-47, 446 A.2d 547.