Wisconsin Legislature: 215,32

215,22 Section 22 . 66.293 (4) of the statutes is created to read:

66.293 (4) Covered employes. (a) All of the following employes shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section, or employed to deliver mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, to or from the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle, or employed to transport excavated material or spoil from and return to the site of a project that is subject to this section.

2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project.

(b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.

215,23 Section 23 . 66.293 (9) (title) of the statutes is created to read:

66.293 (9) (title) Compliance.

215,24 Section 24 . 66.293 (10) (title) of the statutes is created to read:

66.293 (10) (title) Records; inspection; enforcement.

215,25 Section 25 . 66.293 (10) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

66.293 (10) (b) The department or the contracting local governmental unit may demand and examine, and it shall be the duty of every contractor, subcontractor and agent thereof to keep and furnish to the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in chs. 103 to 106. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of chs. 103 to 106 relating to the examination of records.

215,26 Section 26 . 66.293 (10) (d) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

66.293 (10) (d) Section 103.005 (5) (f), (11), (12) and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (11) (a).

215,27 Section 27 . 66.293 (11) (title) of the statutes is created to read:

66.293 (11) (title) Liability and penalties.

215,28 Section 28 . 66.293 (11) (b) of the statutes is created to read:

66.293 (11) (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such violation continues shall be considered a separate offense.

2. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

3. Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

4. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

5. Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under sub. (3) (am) or (ar).

215,29 Section 29 . 101.02 (13) (a) of the statutes is amended to read:

101.02 (13) (a) If any employer, employe, owner, or other person violates ss. 101.01 to 101.25, or fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.25, for each such violation, failure or refusal, such employer, employe, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each such offense. This paragraph does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

215,30 Section 30 . 101.02 (13) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

101.02 (13) (a) If any employer, employe, owner, or other person violates this subchapter, or fails or refuses to perform any duty specified under this subchapter, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department, or any judgment or decree made by any court in connection with this subchapter, for each such violation, failure or refusal, such employer, employe, owner or other person shall forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each such offense.

215,31 Section 31 . 103.005 (12) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

103.005 (12) (a) If any employer, employe, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employe, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

215,32 Section 32 . 103.49 (1) (title) of the statutes is created to read:

103.49 (1) (title) Definitions.

215,33m Section 33m. 103.49 (1) (a) of the statutes is amended to read:

103.49 (1) (a) “Area" means the county or other locality from which labor for any project would normally be secured in which a proposed project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), “area" means the city, village or town in which a proposed project that is subject to this section is located.

215,34 Section 34 . 103.49 (1) (b) of the statutes is amended to read:

103.49 (1) (b) “Hourly basic rate of pay" means the hourly wage paid to any employe, excluding any contributions or payments for health and welfare insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefits, whether paid directly or indirectly.

215,34m Section 34m. 103.49 (1) (bg) of the statutes is created to read:

103.49 (1) (bg) “Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project that is subject to this section.

215,35 Section 35 . 103.49 (1) (bm) of the statutes is created to read:

103.49 (1) (bm) “Multiple-trade public works project" means a public works project in which no single trade accounts for 85% or more of the total labor cost of the project.

215,36m Section 36m. 103.49 (1) (c) of the statutes is renumbered 103.49 (1) (c) (intro.) and amended to read:

103.49 (1) (c) “Prevailing hours of labor" in for any trade or occupation in any area means the hours of labor per day and per week worked within the area by a larger number of workers than are employed in the trade or occupation for any other number of hours per day or week. In no event shall the prevailing hours of labor be deemed to be no more than 8 10 hours per day nor more than 40 hours per week. and may not include any hours worked on a Saturday or Sunday or on any of the following holidays:

215,37 Section 37 . 103.49 (1) (c) 1. to 8. of the statutes are created to read:

103.49 (1) (c) 1. January 1.

2. The last Monday in May.

3. July 4.

4. The first Monday in September.

5. The 4th Thursday in November.

6. December 25.

7. The day before if January 1, July 4 or December 25 falls on a Saturday.

8. The day following if January 1, July 4 or December 25 falls on a Sunday.

215,38 Section 38 . 103.49 (1) (d) of the statutes is amended to read:

103.49 (1) (d) “Prevailing wage rate" in for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate paid of pay, plus the hourly contribution for health and welfare insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, whether paid directly or indirectly, to for a majority of all persons employed the hours worked in the trade or occupation in the area on projects in the area, or if there is no rate at which a majority are employed of the hours worked in the trade or occupation on projects in the area is paid, then the prevailing wage rate for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be the rate which is paid to a larger number of employes than any other rate paid in the area for work in the trade or occupation average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation.

215,39 Section 39 . 103.49 (1) (e) of the statutes is created to read:

103.49 (1) (e) “Single-trade public works project" means a public works project in which a single trade accounts for 85% or more of the total labor cost of the project.

215,40 Section 40 . 103.49 (1) (f) of the statutes is created to read:

103.49 (1) (f) “State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

215,41 Section 41 . 103.49 (1) (g) of the statutes is created to read:

103.49 (1) (g) “Truck driver" includes an owner-operator of a truck.

215,42 Section 42 . 103.49 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

103.49 (2) (title) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling or, repairing or demolition of any public building or for any other project of public works, except contracts for the construction or maintenance of public highways, streets and bridges, to which the state, any department thereof or any public building corporation state agency or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no laborer, workman or mechanic employed directly upon the site of the work by the contractor or by any subcontractor, agent or other person, doing or contracting to do all or a part of the work, shall person described in sub. (2m) may be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section under sub. (3), except that any such laborer, workman or mechanic person may be permitted or required to work more than such prevailing number of hours of labor per day and per calendar week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1-1/2 1.5 times his or her hourly basic rate of pay; nor shall he may he or she be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such public building or project of public works is situated; nor shall this section apply to wage rates and hours of employment of laborers, workmen or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products; except that this section shall apply to laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. The determined under sub. (3). A reference to the prevailing wage rates and prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates, and prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section under sub. (3) shall be set forth specifically in physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

215,43 Section 43 . 103.49 (2m) of the statutes is created to read:

103.49 (2m) Covered employes. (a) All of the following employes shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.

215,44 Section 44 . 103.49 (3) (title) of the statutes is created to read:

103.49 (3) (title) Investigation; determination.

215,45 Section 45 . 103.49 (3) of the statutes is renumbered 103.49 (3) (a) and amended to read:

103.49 (3) (a) Before bids are asked for any work to which this section applies, the department or officer state agency having the authority to prescribe the specifications shall request apply to the department to ascertain determine the prevailing wage rates, rate and prevailing hours of labor and hourly basic rates of pay for all trades and occupations for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall make such investigations and hold such public hearings as may be necessary to enable it to ascertain define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations with a view to ascertaining the prevailing wage rate, and prevailing hours of labor and hourly basic rate of pay for each such trade or occupation. It The department shall make issue its determination within 30 days after receipt of receiving the request and shall file the same with the department or officer state agency applying therefor. The For the information of the employes working on the project, the prevailing hours of labor, the prevailing wage rates, the hourly basic rates of pay and trades or occupations for all labor involved in each project to which this section is applicable shall, together with and prevailing hours of labor determined by the department and the provisions of subs. (2) and (4), (6m) shall be kept posted on the project by the employer state agency in at least one conspicuous and easily accessible place for the information of the employes working on the on the site of the project.

215,46 Section 46 . 103.49 (3) (am) of the statutes is created to read:

103.49 (3) (am) The department shall, by January 1 of each year, compile the prevailing wage rates and the prevailing hours of labor for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates and prevailing hours of labor, include future prevailing wage rates and prevailing hours of labor when those prevailing wage rates and prevailing hours of labor can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates and prevailing hours of labor for the entire project.

215,47 Section 47 . 103.49 (3) (ar) of the statutes is created to read:

103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am) for building, residential or agricultural projects, the department may not use data from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. In determining prevailing wage rates for projects involving the use of heavy equipment, the department may use data from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a.

215,48 Section 48 . 103.49 (3) (b) of the statutes is created to read:

103.49 (3) (b) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

215,49 Section 49 . 103.49 (3) (c) of the statutes is created to read:

103.49 (3) (c) In addition to the recalculation under par. (b), the state agency that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the state agency submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the city, village or town in which the proposed project is located. That evidence shall include wage rate and hours of labor information for the contested trade or occupation on at least 3 similar projects located in the city, village or town where the proposed project is located on which some work has been performed within the previous 12 months and which were considered by the department in issuing its most recent compilation under par. (am). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

215,50 Section 50 . 103.49 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

215,51 Section 51 . 103.49 (4r) of the statutes is created to read:

103.49 (4r) Compliance. (a) When the department finds that a state agency has not requested a determination under sub. (3) (a) or that a state agency, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the state agency, contractor or subcontractor of such noncompliance and shall file the determination with the state agency, contractor or subcontractor within 30 days after such notice.

(b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an affidavit is filed in proper form and order.

(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until such an affidavit is filed in proper form and order. If a state agency authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

215,52 Section 52 . 103.49 (5) (title) of the statutes is created to read:

103.49 (5) (title) Records; inspection; enforcement.

215,53 Section 53 . 103.49 (5) of the statutes is renumbered 103.49 (5) (b) and amended to read:

103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor and, subcontractor and agent thereof to keep and furnish to the department, copies of any or all payrolls and may examine all other records and information relating to the wages paid laborers, workers, or mechanics on to persons described in sub. (2m) for work to which this section is applicable applies. The department may inspect records in the manner provided in ch. 101. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

215,54 Section 54 . 103.49 (5) (a) of the statutes is created to read:

103.49 (5) (a) Each contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor.