AB632,9,2518 66.293 (3) (am) Every municipality local governmental unit, before making a
19contract by direct negotiation or soliciting bids on a contract, for any project of public
20works except, including highway, street or bridge construction, shall apply to the
21department of industry, labor and human relations to ascertain to determine the
22prevailing wage rate, and prevailing hours of labor and hourly basic pay rates in all
23trades and occupations
for each trade or occupation required in the work
24contemplated. The department shall determine the prevailing wage rate, and
25prevailing
hours of labor and hourly basic pay rates for each trade or occupation

1under s. 103.49, make its determination within 30 days after receiving the request
2and file the same with the municipality local governmental unit applying therefor.
AB632,10,15 3(bm) A Any person may request for the a review of any portion of a wage
4determination may be made within 30 days from after the determination date if the
5person submits
evidence is submitted with the request showing that the prevailing
6wage rate or prevailing hours of labor for any given trade or occupation included in
7the determination does not represent the prevailing wage rate or prevailing hours
8of labor for that trade or occupation in the area where the proposed project is located.
9Such evidence shall include wage rate and hours of labor information for the
10contested trade or occupation on at least one similar project located in the
11municipality area where the proposed project is located and on which some work has
12been performed during the current or any of within the previous 12 months. The
13department shall affirm or modify the original determination within 15 days from
14after the date on which the department receives the request for review. Reference
15to such
AB632,11,6 16(dm) The prevailing wage rates and prevailing hours of labor determined by
17the department or a municipality local governmental unit exempted under par. (d)
18sub. (6) shall be published in the notice issued for the purpose of securing bids for the
19project. If any contract or subcontract for a project of public works except, including
20highway, street or bridge construction, is entered into, the prevailing wage rates and
21prevailing
hours of labor determined by the department or exempted municipality
22local governmental unit shall be physically incorporated into and made a part of the
23contract or subcontract and may not be changed during the time that the contract
24or subcontract is in force
. No laborer, worker or mechanic employed directly upon
25the site of the project by the contractor or by a subcontractor, agent or other person,

1doing or contracting to do any part of the work,
person described in sub. (4) may be
2paid less than the prevailing wage rate in the same or most similar trade or
3occupation; nor may he or she be permitted to work a greater number of hours per
4day or
per calendar week than the prevailing hours of labor determined under this
5subsection, unless he or she is paid for all hours worked in excess of the prevailing
6hours of labor at a rate of at least 1-1/2 1.5 times his or her hourly basic rate of pay.
AB632, s. 5 7Section 5. 66.293 (3) (a) of the statutes is renumbered 66.293 (11) (a) and
8amended to read:
AB632,11,239 66.293 (11) (a) Any contractor, subcontractor or agent thereof, who fails to pay
10the prevailing wage rate of wages determined by the department under this
11subsection or
sub. (3) or who pays less than 1-1/2 1.5 times the hourly basic rate of
12pay for all hours worked on the project in excess of the prevailing hours of labor
13determined under this subsection sub. (3), shall be liable to the employes any affected
14employe in the amount of their his or her unpaid minimum wages or their his or her
15unpaid overtime compensation and in an additional equal amount as liquidated
16damages. Action An action to recover the liability may be maintained in any court
17of competent jurisdiction by any one or more employes employe for and in behalf of
18that employe or those employes and other employes similarly situated. No employe
19shall may be a party plaintiff to any such action unless the employe consents in
20writing to become such a party and the consent is filed in the court in which the action
21is brought. The Notwithstanding s. 814.04 (1), the court shall, in addition to any
22judgment awarded to the plaintiff, allow a reasonable attorney's fee attorney fees
23and costs to be paid by the defendant.
AB632, s. 6 24Section 6. 66.293 (3) (b) of the statutes is repealed.
AB632, s. 7 25Section 7. 66.293 (3) (br) of the statutes is created to read:
AB632,12,13
166.293 (3) (br) In addition to the review under par. (bm), the local governmental
2unit that requested the wage determination under this subsection may request a
3review of any portion of a wage determination within 30 days after the determination
4date if the state agency submits evidence with the request showing that the
5prevailing wage rate or prevailing hours of labor for any given trade or occupation
6included in the determination does not represent the prevailing wage rate or
7prevailing hours of labor for that trade or occupation in the city, village or town in
8which the proposed project is located. That evidence shall include wage rate and
9hours of labor information for the contested trade or occupation on at least 3 similar
10projects located in the city, village or town in which the proposed project is located
11and on which some work has been performed within the previous 12 months. The
12department shall affirm or modify the original determination within 15 days after
13the date on which the department receives the request for review.
AB632, s. 8 14Section 8. 66.293 (3) (c) of the statutes is renumbered 66.293 (5) and amended
15to read:
AB632,13,1016 66.293 (5) (title) Nonapplicability . This subsection section does not apply to
17any highway, street or bridge construction or to any public works project, including
18highway, street or bridge construction, to which 40 USC 276a applies or to any public
19works project involving more than one trade
for which the estimated project cost of
20completion is below $3,500 where a single trade is involved and $35,000 where more
21than one trade is involved on such project (after hearing these dollar amounts shall
22be adjusted by the department
$150,000 or an amount determined by the
23department under this subsection. The department shall adjust that dollar amount

24every 2 years, the first adjustment to be made not sooner than January 1, 1976 2001.
25The adjustments shall be in proportion to any changes in construction costs since the

1effective date of the dollar amounts established under this subsection immediately
2prior to each adjustment); nor does this subsection apply to wage rates and hours of
3employment of laborers, workmen or mechanics engaged in the processing or
4manufacture of materials or products or to the delivery thereof by or for commercial
5establishments which have a fixed place of business from which they regularly
6supply such processed or manufactured materials or products, except that this
7subsection does apply to laborers, workmen or mechanics delivering mineral
8aggregate such as sand, gravel or stone which is incorporated into the work under
9the contract by depositing the material substantially in place, directly or through
10spreaders, from the transporting vehicle
.
AB632, s. 9 11Section 9. 66.293 (3) (cm) of the statutes is created to read:
AB632,13,1612 66.293 (3) (cm) The department shall withhold from inspection and copying
13under s. 19.35 (1) all personally identifiable information submitted to the
14department by contractors, subcontractors and agents thereof for the purpose of
15assisting the department in determining prevailing wage rates and prevailing hours
16of labor under this subsection.
AB632, s. 10 17Section 10. 66.293 (3) (d) of the statutes is renumbered 66.293 (6) and
18amended to read:
AB632,13,2519 66.293 (6) (title) Exemptions. The department of industry, labor and human
20relations
, upon petition of any municipality local governmental unit, shall issue an
21order exempting the municipality local governmental unit from applying to the
22department for a determination under this subsection sub. (3) when it is shown that
23an ordinance or other enactment of the municipality local governmental unit sets
24forth the standards, policy, procedure and practice resulting in standards as high or
25higher than those under s. 103.49 this section.
AB632, s. 11
1Section 11. 66.293 (3) (e) of the statutes is renumbered 66.293 (10) (a) and
2amended to read:
AB632,14,93 66.293 (10) (a) Each contractor, subcontractor or agent thereof participating
4in
performing work on a project covered by this subsection that is subject to this
5section
shall keep full and accurate records clearly indicating the name and trade or
6occupation of every laborer, workman or mechanic employed by the contractor,
7subcontractor or agent in connection with the project
person described in sub. (4) and
8an accurate record of the number of hours worked by each employe of those persons
9and the actual wages paid therefor.
AB632, s. 12 10Section 12. 66.293 (3) (f) of the statutes is renumbered 66.293 (8) and amended
11to read:
AB632,14,1712 66.293 (8) (title) Posting. For the information of the employes working on the
13project, the prevailing wage rates and prevailing hours of labor determined by the
14department or exempted municipality local governmental unit and the provisions of
15pars. (a) and (e) subs. (10) (a) and (11) (a) shall be kept posted by the employer local
16governmental unit
in at least one conspicuous and easily accessible place at the site
17of the project.
AB632, s. 13 18Section 13. 66.293 (3) (g) of the statutes is renumbered 66.293 (9) (b) and
19amended to read:
AB632,14,2420 66.293 (9) (b) Each Upon completion of a project and before final payment for
21completing a project, each
agent or subcontractor shall furnish the contractor with
22evidence of compliance with an affidavit stating that the agent or subcontractor has
23complied fully with the requirements of
this subsection section. A contractor may
24not authorize final payment until that affidavit is filed in proper form and order
.
AB632, s. 14
1Section 14. 66.293 (3) (h) of the statutes is renumbered 66.293 (9) (c) and
2amended to read:
AB632,15,173 66.293 (9) (c) Upon completion of the a project and prior to before final payment
4therefor for completing a project, each contractor shall file with the municipality
5local governmental unit an affidavit stating that the contractor has complied fully
6with the provisions and requirements of this subsection section and that the
7contractor has received evidence an affidavit of compliance from each of the
8contractor's agents and subcontractors. No municipality may A local governmental
9unit may not
authorize a final payment until such an affidavit is filed in proper form
10and order. If a local governmental unit authorizes a final payment before such an
11affidavit is filed in proper form and order or if the department determines that any
12person specified in sub. (4) has been or may have been paid less than the prevailing
13wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in
14excess of the prevailing hours of labor and requests that the local governmental unit
15withhold all or part of the final payment, but the local governmental unit fails to do
16so, the local governmental unit is liable for all back wages payable up to the amount
17of that final payment.
AB632, s. 15 18Section 15. 66.293 (3) (i) of the statutes is renumbered 66.293 (10) (b) and
19amended to read:
AB632,16,420 66.293 (10) (b) The department of industry, labor and human relations or the
21contracting municipality local governmental unit may demand and examine, and it
22shall be the duty of every contractor, subcontractor and agent thereof to furnish to
23the department and local governmental unit,
copies of any payrolls and other records
24and information relating to the wages paid laborers, workmen or mechanics on to
25persons described in sub. (4) for
work to which this subsection section applies. The

1department may inspect records in the manner provided in ch. 101. Every
2contractor, subcontractor or agent performing work on a project that is subject to this
3section
is subject to the requirements of ch. 101 relating to the examination of
4records.
AB632, s. 16 5Section 16. 66.293 (3) (j) of the statutes is renumbered 66.293 (9) (a) and
6amended to read:
AB632,16,157 66.293 (9) (a) When the department of industry, labor and human relations
8finds that a municipality local governmental unit has not requested a prevailing
9wage rate determination or that a local governmental unit, contractor or
10subcontractor
has not physically incorporated a prevailing wage rate determination
11into the a contract or subcontract as required under this subsection section, the
12department shall notify the municipality local governmental unit, contractor or
13subcontractor
of such noncompliance and shall file the prevailing wage rate
14determination with the municipality local governmental unit, contractor or
15subcontractor
within 30 days after such notice.
AB632, s. 17 16Section 17. 66.293 (3) (k) of the statutes is renumbered 66.293 (10) (d) and
17amended to read:
AB632,16,2118 66.293 (10) (d) The provisions of s. Section 101.02 (5) (f), (12), (13) and (14)
19apply applies to this subsection section. Section 111.322 (2m) applies to discharge
20or other discriminatory acts arising in connection with any proceeding under this
21subsection section, including proceedings under par. sub. (11) (a).
AB632, s. 18 22Section 18. 66.293 (3) (m) of the statutes is renumbered 66.293 (10) (c) and
23amended to read:
AB632,17,924 66.293 (10) (c) If requested by any person, the department shall inspect the
25payroll records of the contractors, subcontractors or agents performing work on a

1project that is subject to this section
to ensure compliance with this section. The cost
2of the inspection shall be paid by the person making the request, if
If the contractor,
3subcontractor, or agent subject to the inspection is found to be in compliance and if
4the person making the request is a person specified in sub. (4), the department shall
5charge the person making the request the actual cost of the inspection. If the
6contractor, subcontractor or agent subject to the inspection is found to be in
7compliance and if the person making the request is not a person specified in sub. (4),
8the department shall charge the person making the request $250 or the actual cost
9of the inspection, whichever is greater
.
AB632, s. 19 10Section 19. 66.293 (3) (n) of the statutes is renumbered 66.293 (12) and
11amended to read:
AB632,18,412 66.293 (12) (title) Debarment. (a) Except as provided under subds. 2. and 3.
13pars. (b) and (c), the department of industry, labor and human relations shall notify
14any municipality local governmental unit applying for a determination under sub.
15(3) (intro.) and any municipality local governmental unit exempted under par. (d)
16sub. (6) of the names of all persons whom the department has found to have failed
17to pay the prevailing wage rate determined under this subsection sub. (3) or has
18found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
19on a project in excess of the prevailing hours of labor determined under this
20subsection
sub. (3) at any time in the preceding 3 years. The department shall
21include with any such name the address of such person and shall specify when and
22how
such person has failed to pay the prevailing wage rate determined under this
23subsection
and when and how such person has failed to pay less than 1.5 times the
24hourly basic rate of pay for all hours worked on a project in excess of the prevailing
25hours of labor determined under this subsection. No municipality local

1governmental unit
may award any contract to such person unless otherwise
2recommended by the department or unless at least 3 years have elapsed from the
3date the department issued its findings or the date of final determination by a court
4of competent jurisdiction, whichever is later.
AB632,18,105 (b) The department may not include in a notification under subd. 1. par. (a) the
6name of any person on the basis of having let work to a person whom the department
7has found to have failed to pay the prevailing wage rate determined under this
8subsection
sub. (3) or has found to have paid less than 1.5 times the hourly basic rate
9of pay for all hours worked on a project in excess of the prevailing hours of labor
10determined under this subsection sub. (3).
AB632,18,1411 (c) This paragraph subsection does not apply to any contractor, subcontractor
12or agent who in good faith commits a minor violation of this section, as determined
13on a case-by-case basis through administrative hearings with all rights to due
14process afforded to all parties or who has not exhausted or waived all appeals.
AB632,18,2315 (d) Any person submitting a bid on a project that is subject to this section shall
16be required, on the date the person submits the bid, to identify any construction
17business in which the person, or a shareholder, officer, partner or member of the
18person, if the person is a business, owns, or has owned at least a 25% interest on the
19date the person submits the bid or at any other time within 3 years preceding the date
20the person submits the bid, if the business has been found to have failed to pay the
21prevailing wage rate determined under this subsection sub. (3) or to have paid less
22than 1.5 times the hourly basic rate of pay for all hours worked on a project in excess
23of the prevailing hours of labor determined under this subsection sub. (3).
AB632,18,2524 (e) The department shall promulgate rules to administer this paragraph
25subsection.
AB632, s. 20
1Section 20. 66.293 (4) of the statutes is created to read:
AB632,19,62 66.293 (4) Covered employes. (a) All of the following employes shall be paid
3the prevailing wage rate determined under sub. (3) and may not be permitted to work
4a greater number of hours per calendar week than the prevailing hours of labor
5determined under sub. (3), unless they are paid for all hours worked in excess of the
6prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB632,19,147 1. All laborers, workers, mechanics and truck drivers employed on the site of
8a project that is subject to this section, or employed in delivering mineral aggregate
9such as sand, gravel or stone that is immediately incorporated into the work, and not
10stockpiled or further transported by truck, on the site of a project that is subject to
11this section by depositing the material substantially in place, directly or through
12spreaders, from the transporting vehicle, or employed in transporting excavated
13material or spoil from and returning to the site of a project that is subject to this
14section.
AB632,19,1915 2. All laborers, workers, mechanics and truck drivers employed in the
16manufacturing or furnishing of materials, articles, supplies or equipment on the site
17of a project that is subject to this section or from a facility dedicated exclusively, or
18nearly so, to the project by a contractor, subcontractor, agent or other person
19performing any work on the site of the project.
AB632,20,220 (b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who
21is regularly employed in the processing, manufacturing or delivery of materials or
22products by or for a commercial establishment that has a fixed place of business from
23which the establishment regularly supplies processed or manufactured materials or
24products is not entitled to receive the prevailing wage rate determined under sub.

1(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
2worked in excess of the prevailing hours of labor determined under sub. (3).
AB632,20,73 (c) Notwithstanding par. (a), a person who volunteers to perform work on a
4project that is subject to this section is not entitled to receive the prevailing wage rate
5determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate
6of pay for all hours worked in excess of the prevailing hours of labor determined
7under sub. (3).
AB632, s. 21 8Section 21. 66.293 (5) of the statutes, as affected by 1995 Wisconsin Act ....
9(this act), is repealed and recreated to read:
AB632,20,1710 66.293 (5) Nonapplicability. This section does not apply to any public works
11project, including highway, street or bridge construction, to which 40 USC 276a
12applies or to any public works project involving more than one trade for which the
13estimated project cost of completion is below $200,000 or an amount determined by
14the department under this subsection. The department shall adjust that dollar
15amount every 2 years, the first adjustment to be made not sooner than January 1,
162001. The adjustments shall be in proportion to any changes in construction costs
17since the effective date of the dollar amounts established under this subsection.
AB632, s. 22 18Section 22. 66.293 (7) of the statutes is created to read:
AB632,21,319 66.293 (7) Hardship exception. If a local governmental unit believes that the
20payment of any prevailing wage rate determined under sub. (3) for a project that is
21subject to this section would pose a dire financial hardship for the local governmental
22unit, the local governmental unit may request the secretary to reduce that prevailing
23wage rate for that project. If the secretary determines that payment of that
24prevailing wage rate for the project would pose a dire financial hardship for the local
25governmental unit, the secretary may reduce that prevailing wage rate for the

1project by not more than 20%. A party aggrieved by a determination of the secretary
2under this subsection may request judicial review of that determination under s.
3227.52.
AB632, s. 23 4Section 23. 66.293 (9) (title) of the statutes is created to read:
AB632,21,55 66.293 (9) (title) Compliance.
AB632, s. 24 6Section 24. 66.293 (10) (title) of the statutes is created to read:
AB632,21,77 66.293 (10) (title) Records; inspection; enforcement.
AB632, s. 25 8Section 25. 66.293 (11) (title) of the statutes is created to read:
AB632,21,99 66.293 (11) (title) Liability and penalties.
AB632, s. 26 10Section 26. 66.293 (11) (b) of the statutes is created to read:
AB632,21,1411 66.293 (11) (b) 1. Except as provided in subds. 2. and 4., any contractor,
12subcontractor or agent thereof who violates this section may be fined not more than
13$200 or imprisoned for not more than 6 months or both. Each day that any such
14violation continues shall be considered a separate offense.
AB632,21,2215 2. Whoever induces any individual who seeks to be or is employed on any
16project that is subject to this section to give up, waive or return any part of the wages
17to which the individual is entitled under the contract governing such project, or who
18reduces the hourly basic rate of pay normally paid to an employe for work on a project
19that is not subject to this section during a week in which the employe works both on
20a project that is subject to this section and on a project that is not subject to this
21section, by threat not to employ, by threat of dismissal from such employment or by
22any other means is guilty of an offense under s. 946.15 (1).
AB632,22,623 3. Any person employed on a project that is subject to this section who
24knowingly permits a contractor, subcontractor or agent thereof to pay him or her less
25than the prevailing wage rate set forth in the contract governing such project, who

1gives up, waives or returns any part of the compensation to which he or she is entitled
2under the contract, or who gives up, waives or returns any part of the compensation
3to which he or she is normally entitled for work on a project that is not subject to this
4section during a week in which the person works both on a project that is subject to
5this section and on a project that is not subject to this section, is guilty of an offense
6under s. 946.15 (2).
AB632,22,147 4. Whoever induces any individual who seeks to be or is employed on any
8project that is subject to this section to permit any part of the wages to which the
9individual is entitled under the contract governing such project to be deducted from
10the individual's pay and deposited with a labor organization for the purpose of
11subsidizing bids on other projects by threat not to employ or admit to labor
12organization membership, by threat of dismissal from such employment or labor
13organization membership or by any other means is guilty of an offense under s.
14946.15 (3).
AB632,22,1915 5. Any person employed on a project that is subject to this section who
16knowingly permits any part of the wages to which he or she is entitled under the
17contract governing such project to be deducted from his or her pay and deposited with
18a labor organization for the purpose of subsidizing bids on other projects is guilty of
19an offense under s. 946.15 (4).
AB632, s. 27 20Section 27. 103.49 (1) (title) of the statutes is created to read:
AB632,22,2121 103.49 (1) (title) Definitions.
AB632, s. 28 22Section 28. 103.49 (1) (a) of the statutes is amended to read:
AB632,23,223 103.49 (1) (a) "Area" means the county or other locality from which labor for
24any project would normally be secured
in which a proposed project that is subject to
25this section is located and those counties that are contiguous to that county or, if the

1department modifies a wage determination under sub. (3) (c), "area" means the city,
2village or town in which a proposed project that is subject to this section is located
.
AB632, s. 29 3Section 29. 103.49 (1) (b) of the statutes is amended to read:
AB632,23,74 103.49 (1) (b) "Hourly basic rate of pay" means the hourly wage paid to any
5employe, excluding any contributions or payments for health and welfare insurance
6benefits, vacation benefits, pension benefits and any other bona fide economic
7benefits, whether paid directly or indirectly.
AB632, s. 30 8Section 30. 103.49 (1) (c) of the statutes is renumbered 103.49 (1) (c) (intro.)
9and amended to read:
AB632,23,1510 103.49 (1) (c) (intro.) "Prevailing hours of labor" in for any trade or occupation
11in any area means the hours of labor per day and per week worked within the area
12by a larger number of workers than are employed in the trade or occupation for any
13other number of hours per day or week. In no event shall the prevailing hours of labor
14be deemed considered to be more than 8 hours per day nor more than 40 hours per
15week. or to include any hours worked on a Sunday or on any of the following holidays:
AB632, s. 31 16Section 31. 103.49 (1) (c) 1. to 8. of the statutes are created to read:
AB632,23,1717 103.49 (1) (c) 1. January 1.
AB632,23,1818 2. The last Monday in May.
AB632,23,1919 3. July 4.
AB632,23,2020 4. The first Monday in September.
AB632,23,2121 5. The 4th Thursday in November.
AB632,23,2222 6. December 25.
AB632,23,2323 7. The day before if January 1, July 4 or December 25 falls on a Saturday.
AB632,23,2424 8. The day following if January 1, July 4 or December 25 falls on a Sunday.
AB632, s. 32 25Section 32. 103.49 (1) (d) of the statutes is amended to read:
AB632,24,22
1103.49 (1) (d) "Prevailing wage rate" in for any trade or occupation in any area
2means the hourly basic rate paid of pay, plus the hourly contribution for health and
3welfare
insurance benefits, vacation benefits, pension benefits and any other bona
4fide
economic benefit, whether paid directly or indirectly, to for a majority of all
5persons employed
the hours worked in the trade or occupation in the area on the
6erection, construction, remodeling, repairing or demolition of any building in the
7area that is not subject to this section or on any other project, other than public
8highway or bridge construction or maintenance, in the area that is not subject to this
9section
, or if there is no rate at which a majority are employed of the hours worked
10in the trade or occupation on the erection, construction, remodeling, repairing or
11demolition of any building in the area that is not subject to this section or on any other
12project, other than public highway or bridge construction or maintenance, in the area
13that is not subject to this section is paid,
then the prevailing wage rate shall be the
14rate which is paid to a larger number of employes than any other rate paid in the area
15for work in the trade or occupation
average hourly basic rate of pay, weighted by the
16number of hours worked, plus the average hourly contribution, weighted by the
17number of hours worked, for health insurance benefits, vacation benefits, pension
18benefits and any other bona fide economic benefit, paid directly or indirectly to all
19persons employed in that trade or occupation on the erection, construction,
20remodeling, repairing or demolition of any building in that area that is not subject
21to this section or on any other project, other than public highway or bridge
22construction or maintenance, in that area that is not subject to this section
.
AB632, s. 33 23Section 33. 103.49 (1) (e) of the statutes is created to read:
AB632,25,224 103.49 (1) (e) "State agency" means any office, department, independent
25agency, institution of higher education, association, society or other body in state

1government created or authorized to be created by the constitution or any law,
2including the legislature and the courts.
AB632, s. 34 3Section 34. 103.49 (1) (f) of the statutes is created to read:
AB632,25,44 103.49 (1) (f) "Truck driver" includes an owner-operator of a truck.
AB632, s. 35 5Section 35. 103.49 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
6is amended to read:
AB632,26,147 103.49 (2) (title) Prevailing wage rates and hours of labor. Any contract
8hereafter made for the erection, construction, remodeling or, repairing or demolition
9of any public building or for any other project of public works, except contracts for
10the construction or maintenance of public highways and bridges, to which the state,
11any department thereof or any public building corporation state agency or the
12University of Wisconsin Hospitals and Clinics Authority is a party shall contain a
13stipulation that no laborer, workman or mechanic employed directly upon the site of
14the work by the contractor or by any subcontractor, agent or other person, doing or
15contracting to do all or a part of the work, shall
person described in sub. (2m) may
16be permitted to work a greater number of hours per day or per calendar week than
17the prevailing hours of labor determined pursuant to this section under sub. (3),
18except that any such laborer, workman or mechanic person may be permitted or
19required to work more than such prevailing number of hours per day and of labor per
20calendar week if he or she is paid for all hours worked in excess of the prevailing
21hours of labor at a rate of at least 1-1/2 1.5 times his or her hourly basic rate of pay;
22nor shall he may he or she be paid less than the prevailing wage rate in the same or
23most similar trade or occupation in the area wherein such public building or project
24of public works is situated; nor shall this section apply to wage rates and hours of
25employment of laborers, workmen or mechanics engaged in the processing or

1manufacture of materials or products or to the delivery thereof by or for commercial
2establishments which have a fixed place of business from which they regularly
3supply such processed or manufactured materials or products; except that this
4section shall apply to laborers, workmen or mechanics who deliver mineral
5aggregate such as sand, gravel or stone which is incorporated into the work under
6the contract by depositing the material substantially in place, directly or through
7spreaders, from the transporting vehicle. The
. The prevailing wage rates and
8prevailing hours of labor determined under sub. (3) shall be published in the notice
9issued for the purpose of securing bids for the project. If any contract or subcontract
10for a project that is subject to this section is entered into, the
prevailing wage rates,
11and prevailing hours of labor, and hourly basic rates of pay determined pursuant to
12this section
under sub. (3) shall be set forth specifically in physically incorporated
13into and made a part of
the contract and any subcontract and may not be changed
14during the time that the contract or subcontract is in force
.
AB632, s. 36 15Section 36. 103.49 (2m) of the statutes is created to read:
AB632,26,2016 103.49 (2m) Covered employes. (a) All of the following employes shall be paid
17the prevailing wage rate determined under sub. (3) and may not be permitted to work
18a greater number of hours per calendar week than the prevailing hours of labor
19determined under sub. (3), unless they are paid for all hours worked in excess of the
20prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB632,27,321 1. All laborers, workers, mechanics and truck drivers employed on the site of
22a project that is subject to this section, or employed in delivering mineral aggregate
23such as sand, gravel or stone that is immediately incorporated into the work, and not
24stockpiled or further transported by truck, on the site of a project that is subject to
25this section by depositing the material substantially in place, directly or through

1spreaders, from the transporting vehicle, or employed in transporting excavated
2material or spoil from and returning to the site of a project that is subject to this
3section.
AB632,27,84 2. All laborers, workers, mechanics and truck drivers employed in the
5manufacturing or furnishing of materials, articles, supplies or equipment on the site
6of a project that is subject to this section or from a facility dedicated exclusively, or
7nearly so, to the project by a contractor, subcontractor, agent or other person
8performing any work on the site of the project.
AB632,27,159 (b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who
10is regularly employed in the processing, manufacturing or delivery of materials or
11products by or for a commercial establishment that has a fixed place of business from
12which the establishment regularly supplies processed or manufactured materials or
13products is not entitled to receive the prevailing wage rate determined under sub.
14(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
15worked in excess of the prevailing hours of labor determined under sub. (3).
AB632,27,2016 (c) Notwithstanding par. (a), a person who volunteers to perform on a project
17that is subject to this section is not entitled to receive the prevailing wage rate
18determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate
19of pay for all hours worked in excess of the prevailing hours of labor determined
20under sub. (3).
Loading...
Loading...