SB 927 - This act modifies several provisions relating to the prevailing hourly rate of wages required to be paid workers on public works projects.
APPLICABILITY OF PREVAILING WAGE LAWS (SECTION 290.230)
This act stipulates that the prevailing wage requirements shall only apply to the construction of public works for which the engineer's estimate of the total project cost is more than $25,000. The act further stipulates that public bodies may not divide a project into multiple contracts for the purpose of lowering the total project cost below $25,000. Moreover, if during the project the total project cost is increased such that it exceeds $25,000 then each workman shall be paid the prevailing wage rate for all work performed under the original contract as well as the change ordered work.
For all construction projects of public works for which the contract awarded is in the amount of $25,000 or less, all public bodies are exempt from competitive bidding requirements. Furthermore, for such projects public bodies are permitted to select a contractor based solely upon qualifications.
Every public body authorized to contract for or construct public works is required to comply with the Fairness in Public Construction Act.
APPRENTICES, TRAINEES, AND OTB'S (SECTION 290.235)
The act permits employers working on public works projects are permitted to employ apprentices and trainees. Such apprentices or trainees shall be participating in a program registered with the United States Department of Labor or a program certified with the United States Department of Transportation and shall be paid the prevailing wage rate.
Employers are further permitted to utilize entry-level workers for the purpose of on-the-job training, provided such workers are seeking qualification or acceptance into an apprenticeship or training program. On-the-job training workers shall be paid at a rate equal to the first period wage percentage of the prevailing wage rate for a journeyman worker under the appropriate occupational title.
Employers may not employ more on-the-job training workers, apprentices, and trainees, in the aggregate, than the total number of journeyman workers on a public works project.
COMPLAINTS FOR VIOLATIONS (SECTIONS 290.240, 290.250, 290.330)
The act stipulates that complaints regarding any violation of prevailing wage requirements may only be filed by one of the following interested parties:
• Any decision-making public servant for a public body for which a public works project is being performed, if the complaint is against a contractor or subcontractor;
• Any contractor or subcontractor, if the complaint is against a contractor awarded a contract by a public body; and
• The employee whose rights are alleged to have been violated.
DETERMINATION OF THE PREVAILING WAGE RATE
Under current law, there are separate methods for calculating the prevailing wage depending upon the locality under consideration. This act modifies that process such that the prevailing wage in all localities shall be determined in the following manner:
• If there are more reportable hours that are not paid pursuant to a collective bargaining agreement, the prevailing wage shall be the wage most commonly paid that is not paid pursuant to a collective bargaining agreement;
• If there are more reportable hours that are paid pursuant to a collective bargaining agreement, the prevailing wage shall be the wage most commonly paid under a collective bargaining agreement; or
• If the total number of reportable hours, whether paid pursuant to a collective bargaining agreement or otherwise, does not equal or exceed 300 hours there shall be no prevailing wage for that wage order.
For purposes of determining the prevailing hourly rate of wages, only hours reported by a contractor for work performed by such contractor in a particular occupational title within a particular locality shall be considered.
This act is identical to HB 1926 (2018) and contains provisions that are similar to those in the truly agreed to SS/HCS/HBs 1729, 1621, & 1436 (2018).