HB 828 -- Prevailing Wage

Sponsor:  Ruestman

This bill requires the Department of Labor and Industrial
Relations to annually determine the prevailing hourly rate of
wages in all third and fourth classification counties and certain
first and second classification counties.  The prevailing hourly
rate is the wage required to be paid for work of a similar
character in the locality in which the work is performed and must
be paid to all workers employed by or on behalf of any public
body engaged in public works.  Any work done for or by any
drainage or levee district, any public work project with a total
cost of up to $150,000, or any maintenance and repair work on a
public works project is exempt from the hourly wage rate
requirement.

In determining the prevailing hourly rate, the department will
consider the wage rate for each type of work performed and each
occupational title as claimed by the unions in a locality.  In
any location where no wages are reported, the wage rate will be
1.5 times the most recent average hourly wage rate as annually
determined by the Missouri Economic Research and Information
Center of the Department of Economic Development.

Contractors and subcontractors are required to pay no less than
the prevailing hourly rate to all workers employed in the
execution of a contract with any public body.  Contractors or
subcontractors will forfeit to the contracting public body $10
per worker for each day they fail to pay the prevailing hourly
rate.

The department will determine annually the prevailing hourly wage
rate to be contained in the general wage order for the Highways
and Transportation Commission.  The department will consider the
applicable wage rates established by collective bargaining
agreements, if any, and the average rates that are paid within
the locality.  Any person affected by the rate determination may
file an objection with the department.  The hearing, notice, and
determination procedures are specified.

The department will annually determine the prevailing hourly wage
rate in each locality for each separate occupational title.  The
department will ascertain the rates generally paid within a
locality and by March 11 file a certified copy of its findings
with the Secretary of State.  Any person affected by the rate
determination may file an objection with the department.  The
hearing, notice, and determination procedures are specified.

Certain reporting requirements for each public body which awards
a contract for a public works project and any contractor or
subcontractor engaged in the construction are specified.
Any person representing a public body, contractor, or
subcontractor who willfully violates the provisions of the bill
is subject to a fine of up to $500 and/or imprisonment up to six
months for each offense.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm