New Horizons Enterprises, LLC Missouri Cases

Alvin Brockington, on behalf of a class of employees, sued New Horizons Enterprises, LLC, alleging violations of the Missouri Prevailing Wage Act for work performed on properties in Kansas City. The circuit court granted summary judgment for New Horizons, which the court of appeals affirmed. The Missouri Supreme Court reversed the summary judgment and remanded the case, finding a genuine dispute of material fact regarding whether the employees were employed "on behalf of any public body engaged in the construction" within the meaning of the Act.

Alvin Brockington, on behalf of similarly-situated individuals, appealed the circuit court's grant of summary judgment to New Horizons Enterprises, LLC. Brockington alleged that New Horizons violated the Missouri Prevailing Wage Act and Minimum Wage Law by not paying prevailing wages for work on the "Commonwealth Project," contending the project was performed "on behalf of" a public body. The appellate court affirmed the summary judgment, concluding that the public body was not sufficiently "engaged in" the construction for the Prevailing Wage Act to apply to New Horizons' workers.