How Do I Find Out the Prevailing Wages for Construction Contracts in Missouri?
Full Question:
Answer:
Please see the following MO statutes:
290.265. Wage rates posted, where. —
A clearly legible statement of all prevailing hourly wage rates to
be paid to all workmen employed in order to execute the contract and
employed on the construction of the public works shall be kept posted
in a prominent and easily accessible place at the site thereof by each
contractor and subcontractor engaged in the public works projects
under the provisions of this law and such notice shall remain posted
during the full time that any such workman shall be employed on the
public works.
290.250. Prevailing wage, incorporation into contracts — failure to pay,
penalty — complaints of violation, public body or prime contractor to
withhold payment — determination of a violation, investigation required
— employer's right to dispute — enforcement proceeding permitted, when.
—
1. Every public body authorized to contract for or construct public
works before advertising for bids or undertaking such construction shall
request the department to determine the prevailing rates of wages for
workmen for the class or type of work called for by the public works, in
the locality where the work is to be performed. The department shall
determine the prevailing hourly rate of wages in the locality in which
the work is to be performed for each type of workman required to execute
the contemplated contract and such determination or schedule of the
prevailing hourly rate of wages shall be attached to and made a part of
the specifications for the work. The public body shall then specify in
the resolution or ordinance and in the call for bids for the contract
what is the prevailing hourly rate of wages in the locality for each type
of workman needed to execute the contract and also the general prevailing
rate for legal holiday and overtime work. It shall be mandatory upon the
contractor to whom the contract is awarded and upon any subcontractor
under him to pay not less than the specified rates to all workmen
employed by them in the execution of the contract. The public body
awarding the contract shall cause to be inserted in the contract a
stipulation to the effect that not less than the prevailing hourly rate
of wages shall be paid to all workmen performing work under the
contract. The employer shall forfeit as a penalty to the state, county,
city and county, city, town, district or other political subdivision on
whose behalf the contract is made or awarded one hundred dollars for each
workman employed, for each calendar day, or portion thereof, such workman
is paid less than the said stipulated rates for any work done under said
contract, by him or by any subcontractor under him, and the said public
body awarding the contract shall cause to be inserted in the contract a
stipulation to this effect. It shall be the duty of such public body
awarding the contract, and its agents and officers, to take cognizance of
all complaints of all violations of the provisions of sections 290.210 to
290.340 committed in the course of the execution of the contract, and,
when making payments to the contractor becoming due under said contract,
to withhold and retain therefrom all sums and amounts due and owing as a
result of any violation of sections 290.210 to 290.340. It shall be
lawful for any contractor to withhold from any subcontractor under him
sufficient sums to cover any penalties withheld from him by the awarding
body on account of said subcontractor's failure to comply with the terms
of sections 290.210 to 290.340, and if payment has already been made to
him, the contractor may recover from him the amount of the penalty in a
suit at law.
2. In determining whether a violation of sections 290.210 to 290.340
has occurred, and whether the penalty under subsection 1 of this section
shall be imposed, it shall be the duty of the department to investigate
any claim of violation. Upon completing such investigation, the
department shall notify the employer of its findings. If the department
concludes that a violation of sections 290.210 to 290.340 has occurred
and a penalty may be due, the department shall notify the employer of
such finding by providing a notice of penalty to the employer. Such
penalty shall not be due until forty-five days after the date of the
notice of the penalty.
3. The employer shall have the right to dispute such notice of penalty
in writing to the department within forty-five days of the date of the
notice. Upon receipt of this written notice of dispute, the department
shall notify the employer of the right to resolve such dispute through
arbitration. The state and the employer shall submit to an arbitration
process to be established by the department by rule, and in conformance
with the guidelines and rules of the American Arbitration Association or
other arbitration process mutually agreed upon by the employer and the
state. If at any time prior to the department pursuing an enforcement
action to enforce the monetary penalty provisions of subsection 1 of this
section against the employer, the employer pays the back wages as
determined by either the department or the arbitrator, the department
shall be precluded from initiating any enforcement action to impose the
monetary penalty provisions of subsection 1 of this section.
4. If the employer fails to pay all wages due as determined by the
arbitrator within forty-five days following the conclusion of the
arbitration process, or if the employer fails to exercise the right to
seek arbitration, the department may then pursue an enforcement action to
enforce the monetary penalty provisions of subsection 1 of this section
against the employer. If the court orders payment of the penalties as
prescribed in subsection 1 of this section, the department shall be
entitled to recover its actual cost of enforcement from such penalty
amount.
5. Nothing in this section shall be interpreted as precluding an
action for enforcement filed by an aggrieved employee as otherwise
provided in law.
290.262. Determination of hourly rate by location and occupation title,
when made, where filed — objections, hearings — final determination —
notice to department by public body, when. —
1. Except as otherwise provided in section 290.260, the department
shall annually investigate and determine the prevailing hourly rate of
wages in each locality for each separate occupational title. A final
determination applicable to every locality to be contained in an
annual wage order shall be made annually on or before July first of
each year and shall remain in effect until superseded by a new annual
wage order or as otherwise provided in this section. In determining
prevailing rates, the department shall ascertain and consider the
applicable wage rates established by collective bargaining agreements,
if any, and the rates that are paid generally within the locality, and
shall, by March tenth of each year, make an initial determination for
each occupational title within the locality.
2. A certified copy of the initial determinations so made shall be
filed immediately with the secretary of state and with the department
in Jefferson City. Copies shall be supplied by the department to all
persons requesting them within ten days after the filing.
3. At any time within thirty days after the certified copies of the
determinations have been filed with the secretary of state and the
department, any person who is affected thereby may object in writing
to a determination or a part thereof that he deems objectionable by
filing a written notice with the department, stating the specific
grounds of the objection. If no objection is filed, the determination
is final after thirty days.
4. After the receipt of the objection, the department shall set a date
for a hearing on the objection. The date for the hearing shall be
within sixty days of the receipt of the objection. Written notice of
the time and place of the hearing shall be given to the objectors at
least ten days prior to the date set for the hearing.
5. The department at its discretion may hear each written objection
separately or consolidate for hearing any two or more written
objections. At the hearing the department shall first introduce in
evidence the investigation it instituted and the other facts which were
considered at the time of the original determination which formed the
basis for its determination. The department, or the objector, or any
interested party, thereafter may introduce any evidence that is material
to the issues.
6. Within twenty days of the conclusion of the hearing, the department
shall rule on the written objection and make the final determination that
it believes the evidence warrants. Immediately, the department shall file
a certified copy of its final determination with the secretary of state
and with the department and shall serve a copy of the final determination
on all parties to the proceedings by personal service or by registered
mail.
7. This final decision of the department of the prevailing wages in the
locality for each occupational title is subject to review in accordance
with the provisions of chapter 536, RSMo. Any person affected, whether or
not the person participated in the proceedings resulting in the final
determination, may have the decision of the department reviewed. The
filing of the final determination with the secretary of state shall be
considered a service of the final determination on persons not
participating in the administrative proceedings resulting in the final
determination.
8. At any time before trial any person affected by the final
determination of the department may intervene in the proceedings to
review under chapter 536, RSMo, and be made a party to the proceedings.
9. Any annual wage order made for a particular occupational title in a
locality may be altered once each year, as provided in this subsection.
The prevailing wage for each such occupational title may be adjusted on
the anniversary date of any collective bargaining agreement which covers
all persons in that particular occupational title in the locality in
accordance with any annual incremental wage increases set in the
collective bargaining agreement. If the prevailing wage for an
occupational title is adjusted pursuant to this subsection, the
employee's representative or employer in regard to such collective
bargaining agreement shall notify the department of this adjustment,
including the effective date of the adjustment. The adjusted prevailing
wage shall be in effect until the next final annual wage order is issued
pursuant to this section. The wage rates for any particular job,
contracted and commenced within sixty days of the contract date, which
were set as a result of the annual or revised wage order, shall remain in
effect for the duration of that particular job.
10. In addition to all other reporting requirements of sections 290.210
to 290.340, each public body which is awarding a contract for a public
works project shall, prior to beginning of any work on such public works
project, notify the department, on a form prescribed by the department, of
the scope of the work to be done, the various types of craftsmen who will
be needed on the project, and the date work will commence on the
project.