Maricopa County judge: Phoenix, Tucson broke law with prevailing wage ordinances

Arizona cities cannot pass prevailing wage rules after all, a Maricopa County Superior Court judge ruled.

Judge Bradley Astrowsky ruled Friday that Phoenix and Tucson violated state law when they passed ordinances in January that regulated pay rates for construction workers on certain city jobs. The decision could cap a years-long battle waged at multiple city halls across Arizona unless one of the cities chooses to appeal.

There’s no official decision out of Phoenix or Tucson yet — the mayor and city council in each location would likely give such a direction to their attorneys in a closed-door meeting.

“Prevailing wage” rules guarantee workers are paid similar rates to others who do comparable work in the area. Supporters say they help level the playing field by protecting laborers from low wages, while critics contend they burden businesses.

Astrowsky said cities were banned from passing prevailing wages because of a 1984 state law that plainly says cities “shall not require public works contracts to contain … prevailing rate of wages.”

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