SB540,7,1913 (ar) The department shall, by January 1 of each year, compile the prevailing
14wage rates for each trade or occupation in each area. The compilation shall, in
15addition to the current prevailing wage rates, include future prevailing wage rates
16when those prevailing wage rates can be determined for any trade or occupation in
17any area and shall specify the effective date of those future prevailing wage rates.
18If a project of public works extends into more than one area, the department shall
19determine only one standard of prevailing wage rates for the entire project.
SB540,8,220 (av) In determining prevailing wage rates under par. (am) or (ar), the
21department may not use data from projects that are subject to this section, s. 103.49
22or 103.50, or 40 USC 3142 unless the department determines that there is
23insufficient wage data in the area to determine those prevailing wage rates, in which
24case the department may use data from projects that are subject to this section, s.
25103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.

1(am) or (ar), the department may not use data from any construction work that is
2performed by a local governmental unit or a state agency.
SB540,8,113 (bm) Any person may request a recalculation of any portion of an initial
4determination within 30 days after the initial determination date if the person
5submits evidence with the request showing that the prevailing wage rate for any
6given trade or occupation included in the initial determination does not represent the
7prevailing wage rate for that trade or occupation in the area. The evidence shall
8include wage rate information reflecting work performed by individuals working in
9the contested trade or occupation in the area during the current survey period. The
10department shall affirm or modify the initial determination within 15 days after the
11date on which the department receives the request for recalculation.
SB540,8,2512 (br) In addition to the recalculation under par. (bm), the local governmental
13unit that requested the determination under this subsection may request a review
14of any portion of a determination within 30 days after the date of issuance of the
15determination if the local governmental unit submits evidence with the request
16showing that the prevailing wage rate for any given trade or occupation included in
17the determination does not represent the prevailing wage rate for that trade or
18occupation in the city, village, or town in which the proposed project of public works
19is located. That evidence shall include wage rate information for the contested trade
20or occupation on at least 3 similar projects located in the city, village, or town where
21the proposed project of public works is located and on which some work has been
22performed during the current survey period and which were considered by the
23department in issuing its most recent compilation under par. (ar). The department
24shall affirm or modify the determination within 15 days after the date on which the
25department receives the request for review.
SB540,9,13
1(dm) A local governmental unit that is subject to this section shall include a
2reference to the prevailing wage rates determined by the department and to the
3prevailing hours of labor in the notice published for the purpose of securing bids for
4the project of public works. Except as otherwise provided in this paragraph, if any
5contract or subcontract for a project of public works is entered into, the prevailing
6wage rates determined by the department and the prevailing hours of labor shall be
7physically incorporated into and made a part of the contract or subcontract. For a
8minor subcontract, as determined by the department, the department shall
9prescribe by rule the method of notifying the minor subcontractor of the prevailing
10wage rates and prevailing hours of labor applicable to the minor subcontract. The
11prevailing wage rates and prevailing hours of labor applicable to a contract or
12subcontract may not be changed during the time that the contract or subcontract is
13in force.
SB540,9,1514 (e) No contractor, subcontractor, or contractor's or subcontractor's agent that
15is subject to this section may do any of the following:
SB540,9,1816 1. Pay an individual performing the work described in sub. (4) less than the
17prevailing wage rate in the same or most similar trade or occupation determined
18under this subsection.
SB540,9,2319 2. Allow an individual performing the work described in sub. (4) to work a
20greater number of hours per day or per week than the prevailing hours of labor,
21unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
22the individual for all hours worked in excess of the prevailing hours of labor at a rate
23of at least 1.5 times the individual's hourly basic rate of pay.
SB540,9,25 24(4) Covered employees. (a) Subject to par. (b), any person subject to this
25section shall pay all of the following employees the prevailing wage rate determined

1under sub. (3) and may not allow such employees to work a greater number of hours
2per day or per week than the prevailing hours of labor, unless the person pays the
3employee for all hours worked in excess of the prevailing hours of labor at a rate of
4at least 1.5 times the employee's hourly basic rate of pay:
SB540,10,65 1. All laborers, workers, mechanics, and truck drivers employed on the site of
6a project of public works that is subject to this section.
SB540,10,127 2. All laborers, workers, mechanics, and truck drivers employed in the
8manufacturing or furnishing of materials, articles, supplies, or equipment on the site
9of a project of public works that is subject to this section or from a facility dedicated
10exclusively, or nearly so, to a project of public works that is subject to this section by
11a contractor, subcontractor, agent, or other person performing any work on the site
12of the project.
SB540,10,2013 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
14manufacture, pick up, or deliver materials or products from a commercial
15establishment that has a fixed place of business from which the establishment
16supplies processed or manufactured materials or products or from a facility that is
17not dedicated exclusively, or nearly so, to a project of public works that is subject to
18this section is not entitled to receive the prevailing wage rate determined under sub.
19(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
20worked in excess of the prevailing hours of labor unless any of the following applies:
SB540,10,2521 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
22of mineral aggregate such as sand, gravel, or stone and deliver that mineral
23aggregate to the site of a project of public works that is subject to this section by
24depositing the material directly in final place, from the transporting vehicle or
25through spreaders from the transporting vehicle.
SB540,11,4
12. The laborer, worker, mechanic, or truck driver is employed to go to the site
2of a project of public works that is subject to this section, pick up excavated material
3or spoil from the site of the project, and transport that excavated material or spoil
4away from the site of the project.
SB540,11,75 (c) A person subject to this section shall pay a truck driver who is an
6owner-operator of a truck separately for his or her work and for the use of his or her
7truck.
SB540,11,8 8(5) Nonapplicability. This section does not apply to any of the following:
SB540,11,159 (a) A single-trade project of public works for which the estimated project cost
10of completion is less than $48,000, a multiple-trade project of public works for which
11the estimated project cost of completion is less than $100,000, or, in the case of a
12multiple-trade project of public works erected, constructed, repaired, remodeled, or
13demolished by a private contractor for a city or village having a population of less
14than 2,500 or for a town, a multiple-trade project of public works for which the
15estimated project cost of completion is less than $234,000.
SB540,11,1916 (b) Work performed on a project of public works for which the local
17governmental unit contracting for the project is not required to compensate any
18contractor, subcontractor, contractor's or subcontractor's agent, or individual for
19performing the work.
SB540,11,2120 (c) Minor service or maintenance work, warranty work, or work under a supply
21and installation contract.
SB540,11,2422 (f) A project of public works involving the erection, construction, repair,
23remodeling, or demolition of a residential property containing 2 dwelling units or
24less.
SB540,12,6
1(g) A road, street, bridge, sanitary sewer, or water main project that is a part
2of a development in which not less than 90 percent of the lots contain or will contain
32 dwelling units or less, as determined by the local governmental unit at the time of
4approval of the development, and that, on completion, is acquired by, or dedicated to,
5a local governmental unit, including under s. 236.13 (2), for ownership or
6maintenance by the local governmental unit.
SB540,12,12 7(8) Posting. A local governmental unit that has contracted for a project of
8public works shall post the prevailing wage rates determined by the department, the
9prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
10one conspicuous place on the site of the project that is easily accessible by employees
11working on the project, or, if there is no common site on the project, at the place
12normally used by the local governmental unit to post public notices.
SB540,12,21 13(9) Compliance. (a) When the department finds that a local governmental unit
14has not requested a determination under sub. (3) (am) or that a local governmental
15unit, contractor, or subcontractor has not physically incorporated a determination
16into a contract or subcontract as required under this section or has not notified a
17minor subcontractor of a determination in the manner prescribed by the department
18by rule promulgated under sub. (3) (dm), the department shall notify the local
19governmental unit, contractor, or subcontractor of the noncompliance and shall file
20the determination with the local governmental unit, contractor, or subcontractor
21within 30 days after the notice.
SB540,13,222 (b) Upon completion of a project of public works and before receiving final
23payment for his or her work on the project, each agent or subcontractor shall furnish
24the contractor with an affidavit stating that the agent or subcontractor has complied

1fully with the requirements of this section. A contractor may not authorize final
2payment until the affidavit is filed in proper form and order.
SB540,13,173 (c) Upon completion of a project of public works and before receiving final
4payment for his or her work on the project, each contractor shall file with the local
5governmental unit authorizing the work an affidavit stating that the contractor has
6complied fully with the requirements of this section and that the contractor has
7received an affidavit under par. (b) from each of the contractor's agents and
8subcontractors. A local governmental unit may not authorize a final payment until
9the affidavit is filed in proper form and order. If a local governmental unit authorizes
10a final payment before an affidavit is filed in proper form and order or if the
11department determines, based on the greater weight of the credible evidence, that
12any person performing the work specified in sub. (4) has been or may have been paid
13less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
14for all hours worked in excess of the prevailing hours of labor and requests that the
15local governmental unit withhold all or part of the final payment, but the local
16governmental unit fails to do so, the local governmental unit is liable for all back
17wages payable up to the amount of the final payment.
SB540,13,23 18(10) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
19contractor's or subcontractor's agent that performs work on a project of public works
20that is subject to this section shall keep full and accurate records clearly indicating
21the name and trade or occupation of every individual performing the work described
22in sub. (4) and an accurate record of the number of hours worked by each of those
23individuals and the actual wages paid for the hours worked.
SB540,14,724 (b) The department or the contracting local governmental unit may demand
25and examine, and every contractor, subcontractor, and contractor's or

1subcontractor's agent shall keep, and furnish upon request by the department or
2local governmental unit, copies of payrolls and other records and information
3relating to the wages paid to individuals performing the work described in sub. (4)
4for work to which this section applies. The department may inspect records in the
5manner provided in ch. 103. Every contractor, subcontractor, or agent performing
6work on a project of public works that is subject to this section is subject to the
7requirements of ch. 103 relating to the examination of records.
SB540,14,218 (c) If requested by any person, the department shall inspect the payroll records
9of any contractor, subcontractor, or agent performing work on a project of public
10works that is subject to this section as provided in this paragraph to ensure
11compliance with this section. On receipt of such a request, the department shall
12request that the contractor, subcontractor, or agent submit to the department a
13certified record of the information specified in par. (a), other than personally
14identifiable information relating to an employee of the contractor, subcontractor, or
15agent, for no longer than a 4-week period. The department may request that a
16contractor, subcontractor, or agent submit those records no more than once per
17calendar quarter for each project of public works on which the contractor,
18subcontractor, or agent is performing work. The department may not charge a
19requester a fee for obtaining that information. Certified records submitted to the
20department under this paragraph are open for public inspection and copying under
21s. 19.35 (1).
SB540,15,222 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
23s. 103.005 (12) (a) does not apply to a person who fails to provide any information to
24the department to assist the department in determining prevailing wage rates under
25sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge and other

1discriminatory acts arising in connection with any proceeding under this section,
2including proceedings under sub. (11) (a).
SB540,15,9 3(11) Liability and penalties. (a) 1. A contractor, subcontractor, or contractor's
4or subcontractor's agent who fails to pay the prevailing wage rate determined by the
5department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
6pay for all hours worked in excess of the prevailing hours of labor is liable to any
7affected employee in the amount of his or her unpaid wages or his or her unpaid
8overtime compensation and in an additional amount as liquidated damages as
9provided under subd. 2. or 3., whichever is applicable.
SB540,15,1810 2. If the department determines upon inspection under sub. (10) (b) or (c) that
11a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
12the prevailing wage rate determined by the department under sub. (3) or has paid
13less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
14prevailing hours of labor, the department shall order the contractor to pay to any
15affected employee the amount of his or her unpaid wages or his or her unpaid
16overtime compensation and an additional amount equal to 100 percent of the amount
17of those unpaid wages or that unpaid overtime compensation as liquidated damages
18within a period specified by the department in the order.
SB540,16,419 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
20provided in subd. 2., any employee for and on behalf of that employee and other
21employees similarly situated may commence an action to recover that liability in any
22court of competent jurisdiction. If the court finds that a contractor, subcontractor,
23or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
24determined by the department under sub. (3) or has paid less than 1.5 times the
25hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,

1the court shall order the contractor, subcontractor, or agent to pay to any affected
2employee the amount of his or her unpaid wages or his or her unpaid overtime
3compensation and an additional amount equal to 100 percent of the amount of those
4unpaid wages or that unpaid overtime compensation as liquidated damages.
SB540,16,95 5. No employee may be a party plaintiff to an action under subd. 3. unless the
6employee consents in writing to become a party and the consent is filed in the court
7in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
8addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
9and costs to be paid by the defendant.
SB540,16,1310 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
11or contractor's or subcontractor's agent who violates this section may be fined not
12more than $200 or imprisoned for not more than 6 months or both. Each day that
13any violation continues is a separate offense.
SB540,16,2214 2. Whoever induces any individual who seeks to be or is employed on any
15project of public works that is subject to this section to give up, waive, or return any
16part of the wages to which the individual is entitled under the contract governing the
17project, or who reduces the hourly basic rate of pay normally paid to an individual
18for work on a project that is not subject to this section during a week in which the
19individual works both on a project of public works that is subject to this section and
20on a project that is not subject to this section, by threat not to employ, by threat of
21dismissal from employment, or by any other means is guilty of an offense under s.
22946.15 (1).
SB540,17,723 3. Any individual employed on a project of public works that is subject to this
24section who knowingly allows a contractor, subcontractor, or contractor's or
25subcontractor's agent to pay him or her less than the prevailing wage rate set forth

1in the contract governing the project, who gives up, waives, or returns any part of the
2compensation to which he or she is entitled under the contract, or who gives up,
3waives, or returns any part of the compensation to which he or she is normally
4entitled for work on a project that is not subject to this section during a week in which
5the individual works both on a project of public works that is subject to this section
6and on a project that is not subject to this section, is guilty of an offense under s.
7946.15 (2).
SB540,17,138 4. Whoever induces any individual who seeks to be or is employed on any
9project of public works that is subject to this section to allow any part of the wages
10to which the individual is entitled under the contract governing the project to be
11deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
12the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
13working on a project that is subject to 40 USC 3142.
SB540,17,1914 5. Any individual who is employed on a project of public works that is subject
15to this section who knowingly allows any part of the wages to which he or she is
16entitled under the contract governing the project to be deducted from his or her pay
17is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
18under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
19to 40 USC 3142.
SB540,17,2220 6. Subdivision 1. does not apply to any person who fails to provide any
21information to the department to assist the department in determining prevailing
22wage rates under sub. (3) (am) or (ar).
SB540,18,10 23(12) Debarment. (a) Except as provided under pars. (b) and (c), the department
24shall notify any local governmental unit applying for a determination under sub. (3)
25of the names of all persons that the department has found to have failed to pay the

1prevailing wage rate determined under sub. (3) or has found to have paid less than
21.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
3hours of labor at any time in the preceding 3 years. The department shall include
4with each name the address of the person and shall specify when the person failed
5to pay the prevailing wage rate and when the person paid less than 1.5 times the
6hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.
7A local governmental unit may not award any contract to the person unless otherwise
8recommended by the department or unless 3 years have elapsed from the date the
9department issued its findings or the date of final determination by a court of
10competent jurisdiction, whichever is later.
SB540,18,1611 (b) The department may not include in a notification under par. (a) the name
12of any person on the basis of having subcontracted a contract for a project of public
13works to a person that the department has found to have failed to pay the prevailing
14wage rate determined under sub. (3) or has found to have paid less than 1.5 times
15the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
16labor.
SB540,18,2017 (c) This subsection does not apply to any contractor, subcontractor, or agent
18who in good faith commits a minor violation of this section, as determined on a
19case-by-case basis through administrative hearings with all rights to due process
20afforded to all parties or who has not exhausted or waived all appeals.
SB540,19,521 (d) Any person submitting a bid or negotiating a contract on a project of public
22works that is subject to this section shall, on the date the person submits the bid or
23negotiates the contract, identify any construction business in which the person, or
24a shareholder, officer, or partner of the person, if the person is a business, owns, or
25has owned at least a 25 percent interest on the date the person submits the bid or

1negotiates the contract or at any other time within 3 years preceding the date the
2person submits the bid or negotiates the contract, if the business has been found to
3have failed to pay the prevailing wage rate determined under sub. (3) or to have paid
4less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
5prevailing hours of labor.
SB540,19,66 (e) The department shall promulgate rules to administer this subsection.
SB540,10 7Section 10 . 84.41 (3) of the statutes is created to read:
SB540,19,128 84.41 (3) Employment regulations. Employment regulations set forth in s.
9103.50 pertaining to wages and hours shall apply to all projects constructed under
10s. 84.40 in the same manner as such laws apply to projects on other state highways.
11Where applicable, the federal wages and hours law known as the Davis-Bacon act
12shall apply.
SB540,11 13Section 11 . 84.54 of the statutes is repealed.
SB540,12 14Section 12 . 86.51 of the statutes is repealed.
SB540,13 15Section 13 . 103.005 (12) (a) of the statutes is amended to read:
SB540,20,216 103.005 (12) (a) If any employer, employee, owner, or other person violates chs.
17103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
18within the time prescribed by the department, for which no penalty has been
19specifically provided, or fails, neglects or refuses to obey any lawful order given or
20made by the department or any judgment or decree made by any court in connection
21with chs. 103 to 106, for each such violation, failure or refusal, the employer,
22employee, owner or other person shall forfeit not less than $10 nor more than $100
23for each offense. This paragraph does not apply to any person that fails to provide
24any information to the department to assist the department in determining

1prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
2103.50 (3) or (4).
SB540,14 3Section 14 . 103.49 of the statutes is created to read:
SB540,20,4 4103.49 Wage rate on state work. (1) Definitions. In this section:
SB540,20,135 (a) “Area" means the county in which a proposed project of public works that
6is subject to this section is located or, if the department determines that there is
7insufficient wage data in that county, “area" means those counties that are
8contiguous to that county or, if the department determines that there is insufficient
9wage data in those counties, “area" means those counties that are contiguous to those
10counties or, if the department determines that there is insufficient wage data in those
11counties, “area" means the entire state or, if the department is requested to review
12a determination under sub. (3) (c), “area" means the city, village, or town in which
13a proposed project of public works that is subject to this section is located.
SB540,20,1914 (am) “Bona fide economic benefit" means an economic benefit for which an
15employer makes irrevocable contributions to a trust or fund created under 29 USC
16186
(c) or to any other bona fide plan, trust, program, or fund no less often than
17quarterly or, if an employer makes annual contributions to such a bona fide plan,
18trust, program, or fund, for which the employer irrevocably escrows moneys at least
19quarterly based on the employer's expected annual contribution.
SB540,20,2320 (b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
21excluding any contributions or payments for health insurance benefits, vacation
22benefits, pension benefits, and any other bona fide economic benefits, whether paid
23directly or indirectly.
SB540,21,3
1(bg) “Insufficient wage data" means less than 500 hours of work performed in
2a particular trade or occupation on projects that are similar to a proposed project of
3public works that is subject to this section.
SB540,21,94 (bj) “Minor service or maintenance work" means a project of public works that
5is limited to minor crack filling, chip or slurry sealing, or other minor pavement
6patching, not including overlays, that has a projected life span of no longer than 5
7years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
8work on public facilities or equipment that is routinely performed to prevent
9breakdown or deterioration.
SB540,21,1210 (br) “Multiple-trade project of public works" means a project of public works
11in which no single trade accounts for 85 percent or more of the total labor cost of the
12project.
SB540,21,1513 (c) “Prevailing hours of labor" for any trade or occupation in any area means
1410 hours per day and 40 hours per week and may not include any hours worked on
15a Saturday or Sunday or on any of the following holidays:
SB540,21,1616 1. January 1.
SB540,21,1717 2. The last Monday in May.
SB540,21,1818 3. July 4.
SB540,21,1919 4. The first Monday in September.
SB540,21,2020 5. The 4th Thursday in November.
SB540,21,2121 6. December 25.
SB540,21,2222 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
SB540,21,2323 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
SB540,22,424 (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.
SB540,22,145 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.
SB540,22,1715 (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.
SB540,22,2318 (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.
SB540,23,324 (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.
SB540,23,44 (g) “Truck driver" includes an owner-operator of a truck.
SB540,23,7 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:
SB540,23,108 (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.
SB540,23,1411 (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.
SB540,23,1715 (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.
SB540,24,14 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.
SB540,24,20 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:
SB540,24,2221 1. All laborers, workers, mechanics, and truck drivers employed on the site of
22a project of public works that is subject to this section.
SB540,25,323 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.
SB540,25,114 (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:
SB540,25,1612 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.
SB540,25,2017 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.
SB540,25,2321 (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.
SB540,26,14 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.
SB540,26,2115 (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.
SB540,27,522 (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).
SB540,27,146 (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.
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