MISSOURI Prevailing Wage Law

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					      apprentices registered with the                Most questions are easily answered over
      Federal Bureau of Apprenticeship
      Training (BAT) are recognized by the
                                                  the telephone by professional staff. More
                                                  complex questions may require written
                                                                                                          DIVISION OF
      Division. The program must be               correspondence from the individual, as well as       LABOR STANDARDS
                                                  from the Division.
      certified by BAT.
                                                                                                      INFORMATION SERIES
 7. How are prevailing wage rates set?
    - Contractors, public bodies and others          We invite all of you with any questions or
      submit wage information to the              requests for assistance to contact us at:
      Division. The information includes
      actual hours worked on commercial or           Missouri Department of Labor and
      heavy and highway projects. The                       Industrial Relations
      classifications (Occupational Titles) of       DIVISION OF LABOR STANDARDS
      workers must be identified. The                     Wage and Hour Section
      highest number of hours received for a                    P.O. Box 449
      rate paid is the prevailing wage rate            Jefferson City, MO 65102-0449
      (per individual county).                                 573-751-3403                             MISSOURI
                                                             Fax: 573-751-3721
 8. Is there a minimum dollar amount or
    square footage before a project is
                                                    E-mail: prevailingwage@dolir.mo.gov
                                                                                                        Prevailing
    considered a public works project?
    - No, the law has no dollar or size limit
      or requirement.                                www.dolir.mo.gov/ls/prevailingwage
                                                                                                        Wage Law
 9. I performed work for a contractor on
    a particular project. Should I have                  RELAY MISSOURI SERVICE:
    received prevailing wages for the
    work performed?                                          Voice User Calling A
    - The first step is to identify the project         Hearing/Speech Impaired User
       as private or public works. If it was a             1-800-735-2466 (VOICE)
       public works project, and you were an            Hearing/Speech Impaired User                    Missouri Department of Labor
       employee of a contractor, you should                  Calling a Voice User                          and Industrial Relations
       have received the prevailing wage.                   1-800-735-2966 (TDD)                      DIVISION OF LABOR STANDARDS
10. Does the Division of Labor Standards
    offer any guidance or information
    about Prevailing Wage?
     - Yes, the Division has informational
       packets that include the Prevailing
       Wage Law and Regulations, step-by-
       step procedures to follow, relevant
       forms and a contractor’s report of
       wages survey form.




                                                                                   LS-13 (08-07) AI
             Missouri Prevailing Wage Law
    The Missouri Prevailing Wage Law and                  form from the contractor(s) before               should be addressed to the Division. If
Regulations generate many questions from                  making final payment. Send a copy to             the size, type or extent of the existing
participants in public works projects, including          the Division of Labor Standards.                 facility is changed or increased, the
public entities, engineering and architectural                                                             work performed is subject to the
firms, contractors, subcontractors and their           Contractors:
                                                                                                           Prevailing Wage Law. A maintenance
employees.                                             - Request a copy of Occupational Title              project is not subject to the Prevailing
    The Division of Labor Standards enforces             Rule.                                             Wage Law. Maintenance is recurrent,
the Prevailing Wage Law (Chapter 290.210-              - Your bids should be based on the rate             day-to-day, periodic or scheduled work
290.340, RSMo). We also assist and educate               for the scope of work defined for each            unless it involves the overhaul or
parties on achieving compliance with the law.            occupational title (classification).              replacement of major constituent
    The law applies to all public works projects.      - Incorporate prevailing wages into your            parts. If work involves the repair but
They include fixed works constructed for public          bid.                                              not the major repair or replacement of
use or benefit or paid for entirely or in part out                                                         existing facilities, and the size, type or
                                                       - Pay employees proper wage/fringe
of public funds. They also include work done                                                               extent of the existing facilities is not
                                                         rate for type of work performed.
directly by any public utility company performed                                                           changed, it is maintenance.
under the order of the public service                  - Submit certified payroll records to
commission or other public authority. Work               public entity showing all employees’         4. How is the proper prevailing wage
done for or by any drainage or levee district is         work classifications (occupational title),      rate calculated from the wage order?
not considered a public works project.                   hours worked and rate of pay.                   - The basic hourly rate and total fringe
                                                       - Submit Affidavit of Compliance form to            benefits are added together to reflect
 1. What are the basic Prevailing Wage                                                                     the proper hourly rate of pay.
    Law procedures and steps for public                  public entity at project completion to
    entities and contractors to follow for               receive final payment.                       5. Are foremen, superintendents or
    compliance?                                                                                          salaried employees subject to
                                                     2. What are the prevailing wage rates for           prevailing wage rates?
    Public Entities:                                    a particular county, area or project?            - Employees performing construction on
    - Submit a request form (PW-3) to the               - Because of the changing nature of                public works projects are required to
      Division of Labor Standards to receive              Prevailing Wage rates, we do not give            receive at least the prevailing rate of
      the Annual Wage Order.                              rates verbally. Public entities should           pay for the type of work they
    - Incorporate a complete copy of the                  request rates with a request form                performed. This is regardless of their
      most current Annual Wage Order in all               (PW-3). Contractors should get rates             title or salary status. Employees who
      bid specs.                                          from bid specifications provided by the          only perform supervisory tasks are not
    - After awarding the contract, submit a               public entity.                                   covered by prevailing wage.
      project notification form (PW-2) to the        3. What is the difference between major          6. What is the difference between
      Division of Labor Standards.                      repair and maintenance?                          apprentices and helpers?
    - During the course of the project,                 - “Major repairs” are subject to the             - Helpers usually are untrained or
      review all payroll records to ensure                Prevailing Wage Law. Repairs done by             unskilled workers. Apprentices are
      Prevailing Wage Law requirements are                overhaul or replacement of major                 employees enrolled in a skilled and
      being met.                                          constituent parts that have                      registered training program. Only
    - At the completion of a project, acquire             deteriorated are “major repairs.” Any
      a completed Affidavit of Compliance                 questions regarding major repairs
                                                                                                                                    LS-13-2 (08-07) AI

				
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