SS/SCS/SB 291 - This act modifies prevailing wage law. (1) The act changes criteria for determining the prevailing wages in each locality is changed from looking at comparable private construction projects to the prevailing wages for work of a similar character in the locality and not less than the prevailing wages for legal holiday and overtime work.
(2) The act establishes different criteria for counties based on their classification (whether or not the construction must be in excess of a certain dollar amount).
(3) The language sets out guidelines for the public body proposing to undertake the work including:
- they may not subdivide contracts to avoid compliance; - when a project crosses jurisdictional lines, the wage determination shall be based in the location where the majority of the work takes place;
- when mistakes are allowed in determining the prevailing wage and the penalties, and
- the criteria for estimating the project costs
(4) The process for objection to the annual wage orders and the hours to be considered are included in the act.
(5) The act narrows the action for amounts paid to workmen by limiting it to the employer and no other party.
(6) The act adds the power of the Attorney General to bring suit in the name of the state on behalf of workers and creates a two year commencement provision for a cause of action.
(7) The act exempts public projects built under the general wage order from the provision making it unlawful to submit a bid or perform work on the construction of public works where the work includes wage subsidies, bid supplements, or rebates to subsidize cost.
ANDY LYSKOWSKI