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SB 291 - The act affects a couple of definitions. Under the definition of "prevailing hourly rate of wages", the meaning of payments in cash is narrowed to cash for hours worked whether paid on an hourly or per diem basis or a combination of both. The definition of "public works" now contains the provision that the cost of the contract must exceed twenty-five thousand dollars. "Workmen" now includes apprentices and other individuals regardless of any classification. Additionally, new criteria has been added for determining the prevailing wages in each locality. New provisions look not only to wage rates paid previously on public works in that locality, but also to comparable private construction projects. The department must ascertain when they can, names and addresses of contractors, wage rates paid, and hours worked by the workers. The prevailing wage rate is the weighted average paid to the workers for each separate occupational title. The calculation adds the wages paid to workers for individual occupational titles divided by the total number of hours worked in that occupational title. The wages are ascertained by payroll records. Any payments or hours not on payroll records shall not be considered. If there is no reported hours for that occupational title in that locality since the previous final determination, the rate shall be the previous determination subject to an adjustment based on the Consumer Price index. Evidence introduced when the department is considering written objections must be evidence allowable under subsection 1 of Section 290.262, RSMo. Upon completion of the public work, each contractor or subcontractor shall file an affidavit stating that they have complied with the provisions and that he had paid the prevailing wage to all covered employees without benefit of a wage subsidy, bid supplement, or rebate received from anyone on the same or other project. When assessing on behalf of a labor organization, any agent or representative shall not include deductions from a worker's wages that revert back to the benefit of the employer. Employers may not submit for a bid on a public works project when the work includes any subsidies, supplements or rebates on any project to subsidize any costs on the construction project. Contractors must submit an affidavit to the public body before a project stating that they will not participate in programs which would subsidize labor costs on that project. Any contractor violating or failing to comply with the subsidy rules shall be fined one thousand dollars or imprisoned for six months or both. The act also prohibits public agencies from imposing certain labor requirements as conditions for performing public works. Public entities procuring products or services or entering into contracts for manufacture of public works must ensure that their agreements do not bind the other parties to such agreement with a labor organization. Public entities shall not discriminate against such parties who refuse to adhere to agreements with labor organizations. Public entities shall not require such parties make their employees join, pay dues, or pay fees to a labor organization in excess of costs already paid. Any interested party has standing to challenge agreements that violate these provisions. ANDY LYSKOWSKI
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