AB509,21,2020 5. The 4th Thursday in November.
AB509,21,2121 6. December 25.
AB509,21,2222 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB509,21,2323 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB509,22,424 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
25occupation engaged in the erection, construction, remodeling, repairing, or

1demolition of any project of public works in any area means the hourly basic rate of
2pay, plus the hourly contribution for health insurance benefits, vacation benefits,
3pension benefits, and any other bona fide economic benefit, paid directly or indirectly
4for a majority of the hours worked in the trade or occupation on projects in the area.
AB509,22,145 2. If there is no rate at which a majority of the hours worked in the trade or
6occupation on projects in the area is paid, “prevailing wage rate" for any trade or
7occupation engaged in the erection, construction, remodeling, repairing, or
8demolition of any project of public works in any area means the average hourly basic
9rate of pay, weighted by the number of hours worked, plus the average hourly
10contribution, weighted by the number of hours worked, for health insurance benefits,
11vacation benefits, pension benefits, and any other bona fide economic benefit, paid
12directly or indirectly for all hours worked at the hourly basic rate of pay of the
13highest-paid 51 percent of hours worked in that trade or occupation on projects in
14that area.
AB509,22,1715 (em) “Single-trade project of public works" means a project of public works in
16which a single trade accounts for 85 percent or more of the total labor cost of the
17project.
AB509,22,2318 (f) “State agency" means any office, department, independent agency,
19institution of higher education, association, society, or other body in state
20government created or authorized to be created by the constitution or any law,
21including the legislature and the courts. “State agency" also includes the University
22of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
23Authority, and the Wisconsin Aerospace Authority.
AB509,23,324 (fm) “Supply and installation contract" means a contract under which the
25material is installed by the supplier, the material is installed by means of simple

1fasteners or connectors such as screws or nuts and bolts, and no other work is
2performed on the site of the project of public works, and the total labor cost to install
3the material does not exceed 20 percent of the total cost of the contract.
AB509,23,44 (g) “Truck driver" includes an owner-operator of a truck.
AB509,23,7 5(1m) Applicability. Subject to sub. (3g), this section applies to any project of
6public works erected, constructed, repaired, remodeled, or demolished for the state
7or a state agency, including all of the following:
AB509,23,108 (a) A project erected, constructed, repaired, remodeled, or demolished by one
9state agency for another state agency under any contract or under any statute
10specifically authorizing cooperation between state agencies.
AB509,23,1411 (b) A project in which the completed facility is leased, purchased, lease
12purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
13a state agency contracting for the erection, construction, repair, remodeling, or
14demolition of the facility.
AB509,23,1715 (c) A sanitary sewer or water main project in which the completed sanitary
16sewer or water main is acquired by, or dedicated to, the state for ownership or
17maintenance by the state.
AB509,24,14 18(2) Prevailing wage rates and hours of labor. Any contract made for the
19erection, construction, remodeling, repairing, or demolition of any project of public
20works to which the state or any state agency is a party shall contain a stipulation that
21no individual performing the work described in sub. (2m) may be allowed to work a
22greater number of hours per day or per week than the prevailing hours of labor,
23except that any such individual may be allowed or required to work more than such
24prevailing hours of labor per day and per week if he or she is paid for all hours worked
25in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly

1basic rate of pay; nor may he or she be paid less than the prevailing wage rate
2determined under sub. (3) in the same or most similar trade or occupation in the area
3in which the project of public works is situated. The notice published for the purpose
4of securing bids for the project must contain a reference to the prevailing wage rates
5determined under sub. (3) and the prevailing hours of labor. Except as otherwise
6provided in this subsection, if any contract or subcontract for a project of public works
7that is subject to this section is entered into, the prevailing wage rates determined
8under sub. (3) and the prevailing hours of labor shall be physically incorporated into
9and made a part of the contract or subcontract. For a minor subcontract, as
10determined by the department, the department shall prescribe by rule the method
11of notifying the minor subcontractor of the prevailing wage rates and prevailing
12hours of labor applicable to the minor subcontract. The prevailing wage rates and
13prevailing hours of labor applicable to a contract or subcontract may not be changed
14during the time that the contract or subcontract is in force.
AB509,24,20 15(2m) Covered employees. (a) Subject to par. (b), any person subject to this
16section shall pay all of the following employees the prevailing wage rate determined
17under sub. (3) and may not allow such employees to work a greater number of hours
18per day or per week than the prevailing hours of labor, unless the person pays for all
19hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
20the employees' hourly basic rate of pay:
AB509,24,2221 1. All laborers, workers, mechanics, and truck drivers employed on the site of
22a project of public works that is subject to this section.
AB509,25,323 2. All laborers, workers, mechanics, and truck drivers employed in the
24manufacturing or furnishing of materials, articles, supplies, or equipment on the site
25of a project of public works that is subject to this section or from a facility dedicated

1exclusively, or nearly so, to a project of public works that is subject to this section by
2a contractor, subcontractor, agent, or other person performing any work on the site
3of the project.
AB509,25,114 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
5manufacture, pick up, or deliver materials or products from a commercial
6establishment that has a fixed place of business from which the establishment
7supplies processed or manufactured materials or products or from a facility that is
8not dedicated exclusively, or nearly so, to a project of public works that is subject to
9this section is not entitled to receive the prevailing wage rate determined under sub.
10(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
11worked in excess of the prevailing hours of labor unless any of the following applies:
AB509,25,1612 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
13of mineral aggregate such as sand, gravel, or stone and deliver that mineral
14aggregate to the site of a project of public works that is subject to this section by
15depositing the material directly in final place, from the transporting vehicle or
16through spreaders from the transporting vehicle.
AB509,25,2017 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
18of a project that is subject to this section, pick up excavated material or spoil from
19the site of the project of public works, and transport that excavated material or spoil
20away from the site of the project.
AB509,25,2321 (c) A person that is subject to this section shall pay a truck driver who is an
22owner-operator of a truck separately for his or her work and for the use of his or her
23truck.
AB509,26,14 24(3) Investigation; determination. (a) Before a state agency issues a request
25for bids for any work to which this section applies, the state agency having the

1authority to prescribe the specifications shall apply to the department to determine
2the prevailing wage rate for each trade or occupation required in the work under
3contemplation in the area in which the work is to be done. The department shall
4conduct investigations and hold public hearings as necessary to define the trades or
5occupations that are commonly employed on projects that are subject to this section
6and to inform itself of the prevailing wage rates in all areas of the state for those
7trades or occupations, in order to determine the prevailing wage rate for each trade
8or occupation. The department shall issue its determination within 30 days after
9receiving the request and shall file the determination with the requesting state
10agency. A state agency that has contracted for a project of public works subject to this
11section shall post the prevailing wage rates determined by the department, the
12prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
13conspicuous place on the site of the project that is easily accessible by employees
14working on the project.
AB509,26,2115 (am) The department shall, by January 1 of each year, compile the prevailing
16wage rates for each trade or occupation in each area. The compilation shall, in
17addition to the current prevailing wage rates, include future prevailing wage rates
18when those prevailing wage rates can be determined for any trade or occupation in
19any area and shall specify the effective date of those future prevailing wage rates.
20If a project of public works extends into more than one area, the department shall
21determine only one standard of prevailing wage rates for the entire project.
AB509,27,522 (ar) In determining prevailing wage rates under par. (a) or (am), the
23department may not use data from projects that are subject to this section, s. 66.0903,
24103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
25is insufficient wage data in the area to determine those prevailing wage rates, in

1which case the department may use data from projects that are subject to this
2section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
3wage rates under par. (a) or (am), the department may not use data from any
4construction work performed by a state agency or a local governmental unit, as
5defined in s. 66.0903 (1) (d).
AB509,27,146 (b) Any person may request a recalculation of any portion of an initial
7determination within 30 days after the initial determination date if the person
8submits evidence with the request showing that the prevailing wage rate for any
9given trade or occupation included in the initial determination does not represent the
10prevailing wage rate for that trade or occupation in the area. The evidence shall
11include wage rate information reflecting work performed by individuals working in
12the contested trade or occupation in the area during the current survey period. The
13department shall affirm or modify the initial determination within 15 days after the
14date on which the department receives the request for recalculation.
AB509,28,315 (c) In addition to the recalculation under par. (b), the state agency that
16requested the determination under this subsection may request a review of any
17portion of a determination within 30 days after the date of issuance of the
18determination if the state agency submits evidence with the request showing that
19the prevailing wage rate for any given trade or occupation included in the
20determination does not represent the prevailing wage rate for that trade or
21occupation in the city, village, or town in which the proposed project of public works
22is located. That evidence shall include wage rate information for the contested trade
23or occupation on at least 3 similar projects located in the city, village, or town where
24the proposed project of public works is located on which some work has been
25performed during the current survey period and that were considered by the

1department in issuing its most recent compilation under par. (am). The department
2shall affirm or modify the determination within 15 days after the date on which the
3department receives the request for review.
AB509,28,4 4(3g) Nonapplicability. This section does not apply to any of the following:
AB509,28,75 (a) A single-trade project of public works for which the estimated project cost
6of completion is less than $48,000 or a multiple-trade project of public works for
7which the estimated project cost of completion is less than $100,000.
AB509,28,118 (b) Work performed on a project of public works for which the state or the state
9agency contracting for the project is not required to compensate any contractor,
10subcontractor, contractor's or subcontractor's agent, or individual for performing the
11work.
AB509,28,1312 (c) Minor service or maintenance work, warranty work, or work under a supply
13and installation contract.
AB509,28,1414 (f) A public highway, street, or bridge project.
AB509,28,1715 (g) A project of public works involving the erection, construction, repair,
16remodeling, or demolition of a residential property containing 2 dwelling units or
17less.
AB509,28,2218 (h) A road, street, bridge, sanitary sewer, or water main project that is a part
19of a development in which not less than 90 percent of the lots contain or will contain
202 dwelling units or less, as determined by the local governmental unit at the time of
21approval of the development, and that, on completion, is acquired by, or dedicated to,
22the state for ownership or maintenance by the state.
AB509,29,5 23(4r) Compliance. (a) When the department finds that a state agency has not
24requested a determination under sub. (3) (a) or that a state agency, contractor, or
25subcontractor has not physically incorporated a determination into a contract or

1subcontract as required under sub. (2) or has not notified a minor subcontractor of
2a determination in the manner prescribed by the department by rule promulgated
3under sub. (2), the department shall notify the state agency, contractor, or
4subcontractor of the noncompliance and shall file the determination with the state
5agency, contractor, or subcontractor within 30 days after the notice.
AB509,29,106 (b) Upon completion of a project of public works and before receiving final
7payment for his or her work on the project, each agent or subcontractor shall furnish
8the contractor with an affidavit stating that the agent or subcontractor has complied
9fully with the requirements of this section. A contractor may not authorize final
10payment until the affidavit is filed in proper form and order.
AB509,29,2411 (c) Upon completion of a project of public works and before receiving final
12payment for his or her work on the project, each contractor shall file with the state
13agency authorizing the work an affidavit stating that the contractor has complied
14fully with the requirements of this section and that the contractor has received an
15affidavit under par. (b) from each of the contractor's agents and subcontractors. A
16state agency may not authorize a final payment until the affidavit is filed in proper
17form and order. If a state agency authorizes a final payment before an affidavit is
18filed in proper form and order or if the department determines, based on the greater
19weight of the credible evidence, that any person performing the work specified in sub.
20(2m) has been or may have been paid less than the prevailing wage rate or less than
211.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
22hours of labor and requests that the state agency withhold all or part of the final
23payment, but the state agency fails to do so, the state agency is liable for all back
24wages payable up to the amount of the final payment.
AB509,30,6
1(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
2contractor's or subcontractor's agent that performs work on a project of public works
3that is subject to this section shall keep full and accurate records clearly indicating
4the name and trade or occupation of every individual performing the work described
5in sub. (2m) and an accurate record of the number of hours worked by each of those
6individuals and the actual wages paid for the hours worked.
AB509,30,177 (b) The department shall enforce this section. The department may demand
8and examine, and every contractor, subcontractor, and contractor's and
9subcontractor's agent shall keep, and furnish upon request by the department,
10copies of payrolls and other records and information relating to the wages paid to
11individuals performing the work described in sub. (2m) for work to which this section
12applies. The department may inspect records in the manner provided in this chapter.
13Every contractor, subcontractor, or agent performing work on a project of public
14works that is subject to this section is subject to the requirements of this chapter
15relating to the examination of records. Section 111.322 (2m) applies to discharge and
16other discriminatory acts arising in connection with any proceeding under this
17section.
AB509,31,518 (c) If requested by any person, the department shall inspect the payroll records
19of any contractor, subcontractor, or agent performing work on a project of public
20works that is subject to this section as provided in this paragraph to ensure
21compliance with this section. On receipt of such a request, the department shall
22request that the contractor, subcontractor, or agent submit to the department a
23certified record of the information specified in par. (a), other than personally
24identifiable information relating to an employee of the contractor, subcontractor, or
25agent, for no longer than a 4-week period. The department may request a contractor,

1subcontractor, or agent to submit those records no more than once per calendar
2quarter for each project of public works on which the contractor, subcontractor, or
3agent is performing work. The department may not charge a requester a fee for
4obtaining that information. Certified records submitted to the department under
5this paragraph are open for public inspection and copying under s. 19.35 (1).
AB509,31,12 6(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
7contractor's or subcontractor's agent who fails to pay the prevailing wage rate
8determined by the department under sub. (3) or who pays less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
10is liable to any affected employee in the amount of his or her unpaid wages or his or
11her unpaid overtime compensation and in an additional amount as liquidated
12damages as provided in subd. 2. or 3., whichever is applicable.
AB509,31,2113 2. If the department determines upon inspection under sub. (5) (b) or (c) that
14a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
15the prevailing wage rate determined by the department under sub. (3) or has paid
16less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
17prevailing hours of labor, the department shall order the contractor to pay to any
18affected employee the amount of his or her unpaid wages or his or her unpaid
19overtime compensation and an additional amount equal to 100 percent of the amount
20of those unpaid wages or that unpaid overtime compensation as liquidated damages
21within a period specified by the department in the order.
AB509,32,722 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
23provided in subd. 2., any employee for and on behalf of that employee and other
24employees similarly situated may commence an action to recover that liability in any
25court of competent jurisdiction. If the court finds that a contractor, subcontractor,

1or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
2determined by the department under sub. (3) or has paid less than 1.5 times the
3hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
4the court shall order the contractor, subcontractor, or agent to pay to any affected
5employee the amount of his or her unpaid wages or his or her unpaid overtime
6compensation and an additional amount equal to 100 percent of the amount of those
7unpaid wages or that unpaid overtime compensation as liquidated damages.
AB509,32,128 5. No employee may be a party plaintiff to an action under subd. 3. unless the
9employee consents in writing to become a party and the consent is filed in the court
10in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
11addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
12and costs to be paid by the defendant.
AB509,32,1613 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
14or contractor's or subcontractor's agent who violates this section may be fined not
15more than $200 or imprisoned for not more than 6 months or both. Each day that
16a violation continues is a separate offense.
AB509,32,2517 (b) Whoever induces an individual who seeks to be or is employed on any project
18of public works that is subject to this section to give up, waive, or return any part of
19the wages to which the individual is entitled under the contract governing the
20project, or who reduces the hourly basic rate of pay normally paid to an individual
21for work on a project that is not subject to this section during a week in which the
22individual works both on a project of public works that is subject to this section and
23on a project that is not subject to this section, by threat not to employ, by threat of
24dismissal from employment, or by any other means is guilty of an offense under s.
25946.15 (1).
AB509,33,10
1(c) Any individual who is employed on a project of public works that is subject
2to this section who knowingly allows a contractor, subcontractor, or contractor's or
3subcontractor's agent to pay him or her less than the prevailing wage rate set forth
4in the contract governing the project, who gives up, waives, or returns any part of the
5compensation to which he or she is entitled under the contract, or who gives up,
6waives, or returns any part of the compensation to which he or she is normally
7entitled for work on a project that is not subject to this section during a week in which
8the individual works both on a project of public works that is subject to this section
9and on a project that is not subject to this section, is guilty of an offense under s.
10946.15 (2).
AB509,33,1611 (d) Whoever induces any individual who seeks to be or is employed on any
12project of public works that is subject to this section to allow any part of the wages
13to which the individual is entitled under the contract governing the project to be
14deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
15the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
16working on a project that is subject to 40 USC 3142.
AB509,33,2217 (e) Any individual who is employed on a project of public works that is subject
18to this section who knowingly allows any part of the wages to which he or she is
19entitled under the contract governing the project to be deducted from his or her pay
20is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
21under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
22to 40 USC 3142.
AB509,33,2523 (f) Paragraph (am) does not apply to any person who fails to provide any
24information to the department to assist the department in determining prevailing
25wage rates under sub. (3) (a) or (am).
AB509,34,12
1(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
2shall distribute to all state agencies a list of all persons that the department has
3found to have failed to pay the prevailing wage rate determined under sub. (3) or has
4found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
5in excess of the prevailing hours of labor at any time in the preceding 3 years. The
6department shall include with any name the address of the person and shall specify
7when the person failed to pay the prevailing wage rate and when the person paid less
8than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
9prevailing hours of labor. A state agency may not award any contract to the person
10unless otherwise recommended by the department or unless 3 years have elapsed
11from the date the department issued its findings or date of final determination by a
12court of competent jurisdiction, whichever is later.
AB509,34,1813 (b) The department may not include in a notification under par. (a) the name
14of any person on the basis of having subcontracted a contract for a project of public
15works to a person that the department has found to have failed to pay the prevailing
16wage rate determined under sub. (3) or has found to have paid less than 1.5 times
17the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
18labor.
AB509,34,2219 (c) This subsection does not apply to any contractor, subcontractor, or agent
20who in good faith commits a minor violation of this section, as determined on a
21case-by-case basis through administrative hearings with all rights to due process
22afforded to all parties or who has not exhausted or waived all appeals.
AB509,35,623 (d) Any person submitting a bid on a project of public works that is subject to
24this section shall, on the date the person submits the bid, identify any construction
25business in which the person, or a shareholder, officer, or partner of the person if the

1person is a business, owns or has owned at least a 25 percent interest on the date the
2person submits the bid or at any other time within 3 years preceding the date the
3person submits the bid, if the business has been found to have failed to pay the
4prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
5the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
6labor.
AB509,35,77 (e) The department shall promulgate rules to administer this subsection.
AB509,15 8Section 15 . 103.50 of the statutes is created to read:
AB509,35,9 9103.50 Highway contracts. (1) Definitions. In this section:
AB509,35,1610 (a) “Area" means the county in which a proposed project that is subject to this
11section is located or, if the department determines that there is insufficient wage
12data in that county, “area" means those counties that are contiguous to that county
13or, if the department determines that there is insufficient wage data in those
14counties, “area" means those counties that are contiguous to those counties or, if the
15department determines that there is insufficient wage data in those counties, “area"
16means the entire state.
AB509,35,1717 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB509,35,1818 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB509,35,1919 (c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB509,35,2420 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
21occupation in any area means the hourly basic rate of pay, plus the hourly
22contribution for health insurance benefits, vacation benefits, pension benefits, and
23any other bona fide economic benefit, paid directly or indirectly, for a majority of the
24hours worked in the trade or occupation in the area.
AB509,36,7
12. If there is no rate at which a majority of the hours worked in the trade or
2occupation in the area is paid, “prevailing wage rate" means the average hourly basic
3rate of pay, weighted by the number of hours worked, plus the average hourly
4contribution, weighted by the number of hours worked, for health insurance benefits,
5vacation benefits, pension benefits, and any other bona fide economic benefit, paid
6directly or indirectly for all hours worked at the hourly basic rate of pay of the
7highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB509,36,88 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB509,36,12 9(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
10agent, or other person performing any work on a project under a contract based on
11bids as provided in s. 84.06 (2) to which the state is a party for the construction or
12improvement of any highway may do any of the following:
AB509,36,1513 (a) Pay an individual performing the work described in sub. (2m) less than the
14prevailing wage rate in the area in which the work is to be done determined under
15sub. (3).
AB509,36,2016 (b) Allow an individual performing the work described in sub. (2m) to work a
17greater number of hours per day or per week than the prevailing hours of labor,
18unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
19the individual for all hours worked in excess of the prevailing hours of labor at a rate
20of at least 1.5 times the individual's hourly basic rate of pay.
AB509,36,25 21(2g) Nonapplicability. This section does not apply to a single-trade project of
22public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
23completion is less than $48,000 or a multiple-trade project of public works, as
24defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
25than $100,000.
AB509,37,6
1(2m) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays for all
5hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
6the employees' hourly basic rate of pay:
AB509,37,87 1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project that is subject to this section.
AB509,37,139 2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project that is subject to this section or from a facility dedicated exclusively, or
12nearly so, to a project that is subject to this section by a contractor, subcontractor,
13agent, or other person performing any work on the site of the project.
AB509,37,2114 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
15manufacture, pick up, or deliver materials or products from a commercial
16establishment that has a fixed place of business from which the establishment
17supplies processed or manufactured materials or products or from a facility that is
18not dedicated exclusively, or nearly so, to a project that is subject to this section is not
19entitled to receive the prevailing wage rate determined under sub. (3) or to receive
20at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
21of the prevailing hours of labor unless any of the following applies:
AB509,38,222 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
23of mineral aggregate such as sand, gravel, or stone and deliver that mineral
24aggregate to the site of a project that is subject to this section by depositing the

1material directly in final place, from the transporting vehicle or through spreaders
2from the transporting vehicle.
AB509,38,63 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project, and transport that excavated material or spoil away from the
6site of the project and return to the site of the project.
AB509,38,97 (c) A contractor, subcontractor, agent, or other person performing work on a
8project subject to this section shall pay a truck driver who is an owner-operator of
9a truck separately for his or her work and for the use of his or her truck.
AB509,38,15 10(3) Investigations; determinations. The department shall conduct
11investigations and hold public hearings necessary to define the trades or occupations
12that are commonly employed in the highway construction industry and to inform the
13department of the prevailing wage rates in all areas of the state for those trades or
14occupations, in order to ascertain and determine the prevailing wage rates
15accordingly.
AB509,39,2 16(4) Certification of prevailing wage rates. The department of workforce
17development shall, by May 1 of each year, certify to the department of transportation
18the prevailing wage rates in each area for all trades or occupations commonly
19employed in the highway construction industry. The certification shall, in addition
20to the current prevailing wage rates, include future prevailing wage rates when such
21prevailing wage rates can be determined for any such trade or occupation in any area
22and shall specify the effective date of those future prevailing wage rates. The
23certification shall also include wage rates for work performed on Sundays or the
24holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
25or night when work is performed. If a construction project extends into more than

1one area, the department shall determine only one standard of prevailing wage rates
2for the entire project.
AB509,39,8 3(4m) Wage rate data. In determining prevailing wage rates for projects that
4are subject to this section, the department shall use data from projects that are
5subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
6prevailing wage rates for those projects, the department may not use data from any
7construction work that is performed by a state agency or a local governmental unit,
8as defined in s. 66.0903 (1) (d).
AB509,39,12 9(5) Appeals to governor. If the department of transportation considers any
10determination of the department of workforce development of the prevailing wage
11rates in an area to be incorrect, it may appeal to the governor, whose determination
12is final.
AB509,40,3 13(6) Contents of contracts. The department of transportation shall include
14a reference to the prevailing wage rates determined under sub. (3) and the prevailing
15hours of labor in the notice published for the purpose of securing bids for a project.
16Except as otherwise provided in this subsection, if any contract or subcontract for a
17project that is subject to this section is entered into, the prevailing wage rates
18determined under sub. (3) and the prevailing hours of labor shall be physically
19incorporated into and made a part of the contract or subcontract. For a minor
20subcontract, as determined by the department of workforce development, that
21department shall prescribe by rule the method of notifying the minor subcontractor
22of the prevailing wage rates and prevailing hours of labor applicable to the minor
23subcontract. The prevailing wage rates and prevailing hours of labor applicable to
24a contract or subcontract may not be changed during the time that the contract or
25subcontract is in force. The department of transportation shall post the prevailing

1wage rates determined by the department, the prevailing hours of labor, and the
2provisions of subs. (2) and (7) in at least one conspicuous place that is easily
3accessible to the employees on the site of the project.
AB509,40,7 4(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
5subcontractor, or contractor's or subcontractor's agent who violates this section may
6be fined not more than $200 or imprisoned for not more than 6 months or both. Each
7day that a violation continues is a separate offense.
AB509,40,158 (b) Whoever induces any individual who seeks to be or is employed on any
9project that is subject to this section to give up, waive, or return any part of the wages
10to which the individual is entitled under the contract governing the project, or who
11reduces the hourly basic rate of pay normally paid to an individual for work on a
12project that is not subject to this section during a week in which the individual works
13both on a project that is subject to this section and on a project that is not subject to
14this section, by threat not to employ, by threat of dismissal from employment, or by
15any other means is guilty of an offense under s. 946.15 (1).
AB509,40,2416 (c) Any individual employed on a project that is subject to this section who
17knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
18agent to pay him or her less than the prevailing wage rate set forth in the contract
19governing the project, who gives up, waives, or returns any part of the compensation
20to which he or she is entitled under the contract, or who gives up, waives, or returns
21any part of the compensation to which he or she is normally entitled for work on a
22project that is not subject to this section during a week in which the individual works
23both on a project that is subject to this section and on a project that is not subject to
24this section, is guilty of an offense under s. 946.15 (2).
AB509,41,6
1(d) Whoever induces any individual who seeks to be or is employed on any
2project that is subject to this section to allow any part of the wages to which the
3individual is entitled under the contract governing the project to be deducted from
4the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
5would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
6project that is subject to 40 USC 3142.
AB509,41,117 (e) Any individual employed on a project that is subject to this section who
8knowingly allows any part of the wages to which he or she is entitled under the
9contract governing the project to be deducted from his or her pay is guilty of an
10offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
11or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
AB509,41,1412 (f) Paragraph (a) does not apply to any individual who fails to provide any
13information to the department to assist the department in determining prevailing
14wage rates under sub. (3) or (4).
AB509,41,24 15(8) Enforcement and prosecution. The department of transportation shall
16require adherence to subs. (2), (2m), and (6). The department of transportation may
17demand and examine, and every contractor, subcontractor, and contractor's or
18subcontractor's agent shall keep and furnish upon request by the department of
19transportation, copies of payrolls and other records and information relating to
20compliance with this section. Upon request of the department of transportation or
21upon complaint of alleged violation, the district attorney of the county in which the
22work is located shall investigate as necessary and prosecute violations in a court of
23competent jurisdiction. Section 111.322 (2m) applies to discharge and other
24discriminatory acts arising in connection with any proceeding under this section.
AB509,16 25Section 16 . 103.503 (1) (a) of the statutes is amended to read:
AB509,42,6
1103.503 (1) (a) “Accident" means an incident caused, contributed to, or
2otherwise involving an employee that resulted or could have resulted in death,
3personal injury, or property damage and that occurred while the employee was
4performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
52015 stats.,
on a project of public works or while the employee was performing work
6on a public utility project.
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