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State Minimum Prevailing Wage Society for Human Resource

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					                                      State Minimum/Prevailing Wage

                                           Reviewed and Revised August 2012

  To access additional SHRM State Law & Regulation Resources click here.

  Editors Note: If a state minimum wage rate is less then the federal rate of $7.25 per hour then employers
  are required to follow federal minimum wage law. State laws will only supersede federal requirements when
  the state law provides a more generous benefit to employees.

  Where available, website addresses have been provided within the chart to obtain additional information for
  that states Prevailing Wage requirements.

  Additional Resources:
  Minimum Wage History Chart
  Compliance Assistance - The Davis-Bacon and Related Acts (DBRA)
  Wage Determination by State
  Davis-Bacon Wage Determinations Helpful Hints
  Davis-Bacon Reference Material

  To check whether there is pending legislative issues or recently enacted legislative changes for your state(s)
  please click here.

   Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC).
  It is provided as general information only and does not constitute and is not a substitute for legal or other
  professional advice. Reliance upon this material is solely at your own risk.

                              Click the letter corresponding to the state name below.

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     State                                                        Statute


Alabama          The state of Alabama does not have a state minimum wage, however employers are required to apply
                 federal rate, which is currently set at $7.75 an hour.
Alaska           23.10.065(a) is repealed and reenacted to read: (a) Except as provided in (b) of this section and as
                 otherwise provided by law, for hours worked in a pay period, whether the work is measured by time,
                 piece, commission, or otherwise, an employer shall pay to each employee wages at a rate that is not less
                 than the higher of $7.15 an hour or, for work performed on or after the effective date of an actual
                 increase of the federal minimum wage to a rate higher than $7.15 an hour, 50 cents an hour more than the
                 federal minimum wage. An employer may not apply tips or gratuities bestowed on employees as a credit
                 toward payment of the minimum hourly wage required by this section. Tip credit as defined by the Fair
                 Labor Standards Act of 1938 as amended does not apply to the minimum wage established by this
                 section.* Sec. 2. This Act takes effect July 1, 2009.

                 23.10.070 To the extent necessary to prevent curtailment of opportunities of employment, the
                 commissioner may by regulations or orders provide for the employment at wages lower than the
                 minimum wage prescribed in AS 23.10.050 - 23.10.150 of (1) an individual whose earning capacity is
                 impaired by physical or mental deficiency, age, or injury, at the wages and subject to the restrictions and
                 for the period of time that are fixed by the commissioner; and (2) an apprentice at the wages that are
                 approved by the commissioner; or (3) a learner at the wages and subject to the restrictions and for the
                 periods of time that are fixed by the commissioner.

                 36.05.010 A contractor or subcontractor who performs work on public construction in the state, as
                 defined by AS 36.95.010 , shall pay not less than the current prevailing rate of wages for work of a
                 similar nature in the region in which the work is done. The current prevailing rate of wages is that
           contained in the latest determination of prevailing rate of wages issued by the Department of Labor and
           Workforce Development at least 10 days before the final date for submission of bids for the contract. The
           rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is shorter. At
           the end of the initial 24-month period, if new wage determinations have been issued by the department,
           the latest wage determination shall become effective for the next 24-month period or until the contract is
           completed, whichever occurs first. This process shall be repeated until the contract is completed.
           (http://www.labor.state.ak.us/lss/whhome.htm)
Arizona    23-363. A. Employers shall pay employees no less than the minimum wage, which shall be seven dollars
           and sixty-five cent ($7.65) an hour beginning on January 1, 2012. B. The minimum wage shall be
           increased on January 1, 2013 and on January 1 of successive years by the increase in the cost of living.
           The increase in the cost of living shall be measured by the percentage increase as of August of the
           immediately preceding year over the level as of August of the previous year of the consumer price index
           (all urban consumers, U.S. city average for all items) or its successor index as published by the U.S.
           department of labor or its successor agency, with the amount of the minimum wage increase rounded to
           the nearest multiple of five cents. C. For any employee who customarily and regularly receives tips or
           gratuities from patrons or others, the employer may pay a wage up to $3.00 per hour less than the
           minimum wage if the employer can establish by its records of charged tips or by the employee's
           declaration for federal insurance contributions act (FICA) purposes that for each week, when adding tips
           received to wages paid, the employee received not less than the minimum wage for all hours worked.
           Compliance with this provision will be determined by averaging tips received by the employee over the
           course of the employer's payroll period or any other period selected by the employer that complies with
           regulations adopted by the commission.

           34-321 A. The public interest in the rates of wages paid under public works contracts transcends local or
           municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state,
           including charter cities, shall not by regulation, ordinance or in any other manner require public works
           contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not
           less than the prevailing rate of wages for work of a similar nature in the state or political subdivision
           where the project is located.

           [Editors Note] Through December 31, 2005, Pima County is required to page a living wage rate of $8.35
           per hour if benefits are provided and $9.39 per hour if benefits are not provided.

           [Editors Note] The living wage for Pima County has been increased to $9.67 per hour if the employer
           does not provide benefits and $8.60 per hour if benefits are provided.
Arkansas   11-4-210(a) Beginning October 1, 2006, every An employer shall pay each of his or her employees
           wages at the rate of not less than six dollars and twenty-five cents ($6.25) six dollars and fifty-five cents
           ($6.55) per hour except as otherwise provided in this subchapter. Beginning July 24, 2009, every
           employer shall pay each of his or her employees wages at the rate of not less than seven dollars and
           twenty-five cents ($7.25) per hour except as otherwise provided in this EMERGENCY CLAUSE. It is
           found and determined by the General Assembly of the State of Arkansas that the national and state
           economies have weakened and continue to weaken; that Arkansas families face serious and increasing
           financial hardships; that the financial hardships risk causing irreparable harm to the welfare of Arkansas
           families and the economy of this state and that this act is immediately necessary because an increase in
           wages will immediately allow Arkansas citizens to meet the steadily increasing weight of the present
           fiscal crisis. Therefore, an emergency is declared to exist and this act being immediately necessary for
           the preservation of the public peace, health, and safety shall become effective The date of its approval by
           the Governor; If the bill is neither approved nor vetoed by the Governor, the expiration of the period of
           time during which the Governor may veto the If the bill is vetoed by the Governor and the veto is
           overridden, the date the last house overrides the veto.

           11-4-212(a), concerning the allowance for gratuities, is amended to read as follows: (a) Every employer
           of an employee engaged in any occupation in which gratuities have been customarily and usually
           constituted and have been recognized as a part of remuneration for hiring purposes shall be entitled to an
           allowance for gratuities as a part of the hourly wage rate provided in § 11-4210 in an amount not to
           exceed fifty percent (50%) fifty-eight percent (58%) of the minimum wage established by § 11-4-210,
           provided that the employee actually received that amount in gratuities and that the application of the
           foregoing gratuity allowances results in payment of wages other than gratuities to tipped employees,
           including full-time students subject to the provisions of § 11-4-210, of no less than fifty percent (50%)
           forty-two percent (42%) of the minimum wage prescribed by § 11-4-210. SECTION 8. This act shall
           become effective on October 1, 2006.

           Effective February 15, 2007, the City of Pine Bluff, its contractors and subcontractors, and business
           benefiting from financial assistance programs must pay employees a living wage rate of $10.55 per hour.
           Covered employers may claim a credit toward the living wage rate in the amount equal to its average
           hourly health care or child care expenditures per covered employee up to the maximum health care or
             child care credit currently set as $1.25.
California   1182.12. Notwithstanding any other provision of this part, on and after January 1, 2010, the minimum
             wage for all industries shall be not less than nine dollars and seventy-nine cents ($9.79) per hour.

             1182.13. (a) The Department of Industrial Relations shall adjust upwards the permissible meals and
             lodging credits by the same percentage as the increase in the minimum wage made pursuant to Section
             1182.12.

             351. No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given
             to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of
             a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a
             part of the wages due the employee from the employer. Every gratuity is hereby declared to be the sole
             property of the employee or employees to whom it was paid, given, or left for. An employer that permits
             patrons to pay gratuities by credit card shall pay the employees the full amount of the gratuity that the
             patron indicated on the credit card slip, without any deductions for any credit card payment processing
             fees or costs that may be charged to the employer by the credit card company. Payment of gratuities
             made by patrons using credit cards shall be made to the employees not later than the next regular payday
             following the date the patron authorized the credit card payment.

             1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
             prevailing rate of per diem wages for work of a similar character in the locality in which the public work
             is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime
             work fixed as provided in this chapter, shall be paid to all workers employed on public works. This
             section is applicable only to work performed under contract, and is not applicable to work carried out by
             a public agency with its own forces. This section is applicable to contracts let for maintenance work.
             (http://www.dir.ca.gov/t8/ch8sb3a4.html)

             1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name,
             address, social security number, work classification, straight time and overtime hours worked each day
             and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee
             employed by him or her in connection with the public work. Each payroll record shall contain or be
             verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1)
             The information contained in the payroll record is true and correct. (2) The employer has complied with
             the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on
             the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and
             shall be available for inspection at all reasonable hours at the principal office of the contractor.

             [Editors Note] Effective January 1, 2011, the prevailing wage rate for the city of San Francisco is set at
             $9.92 per hour. All employers shall pay a minimum wage of $9.92 per hour for work performed by adult
             and minor employees who work two or more hours per week within the geographic boundaries of the
             city—this is known as the San Francisco minimum wage.

             San Francisco's Minimum Compensation Ordinance (MCO) requires that commercial businesses that
             contract with the city or that lease property at SFO pay a minimum compensation of $11.69 per hour to
             employees. Nonprofit organizations must pay a minimum compensation rate of $11.03 per hour. These
             rates apply for contracts entered into on or after October 14, 2007. The minimum compensation rate may
             be adjusted annually each January 1. For contracts entered into prior to October 14, 2007, the for-profit
             compensation rate is $10.77 per hour, and for nonprofits, the compensation rate is the same as the San
             Francisco minimum wage.

             [Editor’s Note:] The City of Santa Fe's “living wage” is $9.85 per hour effective January 1, 2009. The
             living wage will be adjusted upward each year, by an amount corresponding to the previous year's
             increase, if any, in the consumer price index for the western region for urban wage earners and clerical
             workers. For workers who normally receive more than $100 per month in tips or commissions, any tips
             or commissions received and retained by a worker shall be counted as wages and credited towards
             satisfying the minimum wage provided that, for tipped workers, all tips received by such workers are
             retained by the workers, except that the pooling of tips among workers is permitted. The value of health
             care benefits and child care shall be considered as an element of wages.

             [Editors Note] A living wage ordinance was passed in the City of Richmond requiring businesses
             awarded city contracts in excess of $25,000 and who are recipients of at least $100,000 in public
             subsidies, or have leases with the city and revenues over $350,000 must pay employees a living wage
             rate of $11.42 per hour if benefits are provided and $12.92 an hour if benefits are not provided. The
             current living wage rate for Berkeley is $11.04 per hour if benefits are provided and $12.87 per hour if
           benefits are not provided.

           [Editors Note:] Effective June 30, 2007, the living wage rate for the city of Berkely is set at $11.77 per
           hour if the employer contributes a minimum of $1.96 toward employee medical benefit plan and $13.73
           when the employer does not contribute the required minimum to a medical benefit plan.

           [Editors Note] Current living wage rates for Port Hueneme is $11.85 per hour if health benefits are not
           provided by the employer, and $9.35 per hour if health benefits are provided by the employer. The
           current living wage for Marin County is $9.50 per hour if health benefits are provided, and $10.75 per
           hour if health benefits are not provided.

           [Editor's Note] The current living wage rates for the town of Fairfax is $13.47 per hour if employer
           provides benefits and $15.28 per hour if the employer does not provide benefits.

           [Editors Note] Effective July 1, 2006, the new living wage rate for Santa Cruz and Watsonville are set at
           $12.43 per hour if the employer provides benefits and $13.65 per hour if no benefits are provided. The
           new living wage rate set for Los Angeles is $9.39 per hour with benefits and $10.64 if no benefits are
           provided.

           [Editor's note:] The new living wage rate for the City of Petaluma is $11.70 per hour if employer
           provides employees with health insurance benefits and $13.20 per hour if no benefits are provided.

           [Editor's note:] Effective July 1, 2008, the living wage rate for the City of Los Angeles is $10.00 per
           hour with health benefits, or $11.25 per hour without benefits. Effective June 30, 2008, if an employer
           pays at least $2.01 per hour per employee towards an employee medical benefits plan, the employer must
           pay employees an hourly wage of not less than $12.11. If the employer does not provide the employees
           with such a medical benefit plan, the employer must pay employees an hourly wage of not less than
           $14.12. Effective until July 1, 2009, employees of private sector contractors/employers who enter into a
           service contract with the City of Santa Cruz for $10,000 or more must be paid a living wage of $13.08
           per hour with benefits, and $14.26 per hour without benefits. Certain contractors and subcontractors with
           the County of Marin must pay employees a living wage for services financed by county funds for the
           time those employees are engaged in providing services to the county. The rates, effective July 1, 2008,
           are $10.05 per hour with health benefits of at least $1.50 per hour, and $11.55 per hour without health
           benefits. Employees of contractors for specified private sector services, or any employee of a
           subcontractor while employed in providing service to the City of Watsonville pursuant to a contract for
           specified private sector services or related subcontract must be paid a living wage of $13.08 per hour
           with benefits, or $14.26 per hour without benefits, effective July 1, 2008.

           [Editor's note:] Effective February 1, 2009, Sacramento employers who provide health benefits and
           whose contribution for such benefits is at least $1.60 for each hour of work must pay a covered employee
           a minimum wage rate of $10.65 per hour. If health benefits are not provided or are provided and the
           contribution is less than $1.60 per hour of work, the minimum wage rate is $12.25 per hour.
Colorado   The state of Colorado has no minimum wage law, however section 8-6-106 allows the director to
           determine minimum wages sufficient for living wages for specific industries via wage orders.

           Sec. 15. State minimum wage rate; Annual increases to be tied to inflation; Wage offset for
           “tipped” employees.—Effective January 1, 2012, minimum wage rate in the state of Colorado is $7.64
           per hour, with a minimum wage for employees who receive tips set at $4.62 per hour and shall be
           adjusted annually for inflation, as measured by the Consumer Price Index used for Colorado. This
           minimum wage shall be paid to employees who receive the state or federal minimum wage. No more
           than $3.02 per hour in tip income may be used to offset the minimum wage of employees who regularly
           receive tips.

           Wage Order #23 Section 15 of Article XVIII of the Colorado Constitution provides that, effective
           January 1, 2007, employees who receive the state OR federal minimum wage shall be paid $6.85 per
           hour, adjusted annually for inflation. No more than $3.02 per hour in tip income may be used to offset
           the minimum wage of employees who regularly receive tips. If either of the following two situations
           applies to an employee, then the employee is entitled to the $6.85 minimum wage: 1. The employee is
           covered by the minimum wage provisions of Colorado Minimum Wage Order Number 23. 2. The
           employee is covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions
           and exemptions may apply; contact the Colorado Division of Labor for additional information. The
           Colorado Division of Labor accepts complaints for minimum wage violations involving employees who
           receive the state or federal minimum wage. 1. Coverage: This Colorado Minimum Wage Order Number
           23 regulates wages, hours, working conditions and procedures for certain employers and employees for
           work performed within the boundaries of the state of Colorado in the following industries: (A) Retail and
           Service (C) Food and Beverage (B) Commercial Support Service (D) Health and Medical 2. Definitions:
(A) Retail and Service: any business or enterprise that sells or offers for sale, any service, commodity,
article, good, real estate, wares, or merchandise to the consuming public, and that generates 50% or more
of its annual dollar volume of business from such sales. The retail and service industry offers goods or
services that will not be made available for resale. It also includes amusement and recreation, public
accommodations, banks, credit unions, savings and loans, and includes any employee who is engaged in
the performance of work connected with or incidental to such business or enterprise, including office
personnel. (B) Commercial Support Service: any business or enterprise engaged directly or indirectly in
providing services to other commercial firms through the use of service employees who perform duties
such as: clerical, keypunching, janitorial, laundry or dry cleaning, security, building or plant
maintenance, parking attendants, equipment operations, landscaping and grounds maintenance.
Commercial support service also includes temporary help firms which provide employees to any business
or enterprise covered by this wage order. Any employee, including office personnel, engaged in the
performance of work connected with or incidental to such business or enterprise, is covered by the
provisions of this wage order (C) Food and Beverage: any business or enterprise that prepares and offers
for sale, food or beverages for consumption either on or off the premises. Such business or enterprise
includes but is not limited to: restaurants, snack bars, drinking establishments, catering services, fast-food
businesses, country clubs and any other business or establishment required to have a food or liquor
license or permit, and includes any employee who is engaged in the performance of work connected with
or incidental to such business or enterprise, including office personnel. (D) Health and Medical: any
business or enterprise engaged in providing medical, dental, surgical or other health services including
but not limited to medical and dental offices, hospitals, home health care, hospice care, nursing homes,
and mental health centers, and includes any employee who is engaged in the performance of work
connected with or incidental to such business or enterprise, including office personnel. Emancipated
Minor: any individual less than eighteen years of age who: a) has the sole or primary responsibility for
his or her own support. b) is married and living away from parents or guardian. c) is able to show that his
or her well-being is substantially dependent upon being gainfully employed. Emergency: an
unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action with regard
to the employment of minors in overtime situations. Employee: any person performing labor or services
for the benefit of an employer in which the employer may command when, where, and how much labor
or services shall be performed. For the purpose of this order, an individual primarily free from control
and direction in the performance of contracted labor or services, and who is customarily engaged in an
independent trade, occupation, profession, or business related to the service performed is not an
employee. Employer: every person, firm, partnership, association, corporation, receiver, or other officer
of court in Colorado, and any agent or officer thereof, of the above-mentioned classes, employing any
person in Colorado, except that the provisions of this order shall not apply to state, federal and municipal
governments or political sub-divisions thereof, including; cities, counties, municipal corporations, quasi-
municipal corporations, school districts, and irrigation, reservoir, or drainage conservation companies or
special districts organized and existing under the laws of Colorado. Full Time Employee: for the purpose
of the exemption described in section 5(b) of this wage order, a full time employee is one who performs
work for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the
regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate
of pay shall include all compensation paid to employees including the set hourly rate, shift differential,
minimum wage tip credit, non-discretionary bonuses, production bonuses, and commissions used for the
purpose of calculating the overtime hourly rate for non-exempt employees. Business expenses, bona fide
gifts, discretionary bonuses, employer investment contributions, vacation pay, holiday pay, sick leave,
jury duty, or other pay for non-work hours may be excluded from the regular rate of pay. Time Worked:
the time during which an employee is subject to the control of an employer, including all the time the
employee is suffered or permitted to work whether or not required to do so. Requiring or permitting
employees to remain at the place of employment awaiting a decision on job assignment or when to begin
work or to perform clean up or other duties "off the clock" shall be considered time worked and said time
must be compensated. a) Travel Time: all travel time spent at the control or direction of an employer,
excluding normal home to work travel, shall be considered as time worked. b) Sleep Time: where an
employee's tour of duty is 24 hours or longer, up to 8 hours of sleeping time can be excluded from
overtime compensation, if: (1) an express agreement excluding sleeping time exists; and (2) adequate
sleeping facilities for an uninterrupted night's sleep are provided; and (3) at least five hours of sleep are
possible during the scheduled sleeping periods; and (4) interruptions to perform duties are considered
time worked. When said employee's tour of duty is less than 24 hours, periods during which the
employee is permitted to sleep are compensable work time, as long as the employee is on duty and must
work when required. Only actual sleep time may be excluded up to a maximum of eight (8) hours per
work day. When work related interruptions prevent five (5) hours of sleep, the employee shall be
compensated for the entire work day. Tipped Employee: any employee engaged in an occupation in
which he or she customarily and regularly receives more than $30.00 a month in tips. Tips include
amounts designated as a "tip" by credit card customers on their charge slips. Nothing herein contained
shall prevent an employer covered hereby from requiring employees to share or allocate such tips or
gratuities on a pre-established basis among other employees of said business who customarily and
regularly receive tips. Employer-required sharing of tips with employees who do not customarily and
regularly receive tips, such as management or food preparers, or deduction of credit card processing fees
from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in
section 3(c). Wages or Compensation: all amounts due employees for labor or service; whether the
amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of
calculating the same, or whether the labor or service is performed under contract, subcontract,
partnership, sub-partnership, station plan, or other agreement, provided that the labor or service is
performed personally by the person demanding payment. Workday: any consecutive twenty-four (24)
hour period starting with the same hour each day and the same hour as the beginning of the workweek.
The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift:
the hours an employee is normally scheduled to work within a work day Workweek: any consecutive
seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and
recurring period of 168 hours, seven (7) consecutive twenty-four (24) hour periods. 3. Minimum Wage
and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any
of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or
other basis, shall be paid not less than $6.85 per hour effective April 1, 2007, less any applicable lawful
credits for all hours worked. Allowable Credits: the only allowable credits that may be taken by an
employer toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value
for lodging (not to exceed $25.00 per week) furnished by the employer and used by the employee may be
considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value
of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the
employer may be included in the reasonable cost or fair market value of such meals furnished. The meal
must be consumed before deductions are permitted. c) Tips: employers of "tipped employees" must pay a
cash wage of at least $3.83 per hour if they claim a tip credit against their minimum hourly wage
obligation. If an employee's tips combined with the employer's cash wage of at least $3.83 per hour do
not equal the minimum hourly wage, the employer must make up the difference in cash wages.
Exception: employees whose physical disability has been certified by the director to significantly impair
such disabled employee's ability to perform the duties involved in the employment, and unemancipated
minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable
lawful credits, for all hours worked. 4. Overtime Hours: Overtime Rate: employees shall be paid time and
one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2)
twelve (12) hours per workday, or (3) twelve (12) consecutive hours without regard to the starting and
ending time of the workday (excluding duty free meal periods), whichever calculation results in the
greater payment of wages. Hours worked in two or more workweeks shall not be averaged for
computation of overtime. Performance of work in two or more positions at different pay rates for the
same employer shall be computed at the overtime rate based on the regular rate of pay for the position in
which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair
Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12)
consecutive hours will not alter the employee's established workday or workweek, as previously defined.
Exception: in the event of a bonafide emergency situation, an employer may require minors, subject to
the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four
(24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and
one-half the regular rate of pay for all hours worked in excess of eight (8) hours in any twenty-four (24)
hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the
greater payment of wages. The employer shall keep specific records to substantiate the existence of a
bonafide emergency. Note: a person under eighteen (18) years of age who has received a high school
diploma or a passing grade on a General Education Development (GED) examination, is not considered a
minor. 5. Exemptions from the Wage Order: The following employees or occupations, as defined below,
are exempt from all provisions of Minimum Wage Order No. 23: administrative, executive/supervisor,
professional, outside sales employees, and elected officials and members of their staff. Other exemptions
are: companions, casual babysitters, and domestic employees employed by households or family
members to perform duties in private residences, property managers, interstate drivers, driver helpers,
loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are:
students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a
work experience study program and employees. working in laundries of charitable institutions which pay
no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption
Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and
regularly performs duties important to the decision-making process of the executive. Said employee
regularly exercises independent judgment and discretion in matters of significance and their primary duty
is non-manual in nature and directly related to management policies or general business operations. b)
Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage
for all hours worked in a workweek. Said employee must supervise the work of at least two full-time
employees and have the authority to hire and fire, or to effectively recommend such action. The
executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related
to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge
of an advanced type in a field of science or learning customarily acquired by a prolonged course of
specialized intellectual instruction and study. The professional employee must be employed in the field in
which they are trained to be considered a professional employee. Note: the requirement that a
professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and
employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside
Salesperson: any person employed primarily away from the employer's place of business or enterprise for
the purpose of making sales or obtaining orders or contracts for any commodities, articles, goods, real
estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of
the workweek in activities directly related to their own outside sales. 6. Exemptions from Overtime: The
following employees are exempt from the overtime provisions of Minimum Wage Order No. 23: a)
Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail)
dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales
Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50%
of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is
at least one and one-half times the minimum wage. This exemption is only applicable for employees of
retail or service employers who receive in excess of 75% of their annual dollar volume from retail or
service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related
to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing
food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime
requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of
pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime
exemption does not apply to ski area employees performing duties related to lodging. d) Medical
Transportation Exemption: employees of the medical transportation industry who are scheduled to work
twenty-four (24) hour shifts, are exempt from the twelve (12) hour overtime requirement provided they
receive overtime wages for hours worked in excess of forty (40) hours per work week. Note: a hospital or
nursing home may seek an agreement with individual employees to pay overtime pursuant to the
provisions of the Federal Fair Labor Standards Act "8 and 80 rule", whereby employees are paid time and
one-half their regular rate of pay for any work performed in excess of eighty (80) hours in a fourteen (14)
consecutive day period and for any work in excess of eight (8) hours per day. 7. Meal Periods:
Employees shall be entitled to an uninterrupted and "duty free" meal period of at least a thirty minute
duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be
completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work,
uncompensated period of time. When the nature of the business activity or other circumstances exist that
makes an uninterrupted meal period impractical, the employee shall be permitted to consume an "on-
duty" meal while performing duties. Employees shall be permitted to fully consume a meal of choice "on
the job" and be fully compensated for the "on-duty" meal period without any loss of time or
compensation. 8. Rest Periods: Every employer shall authorize and permit rest periods, which, insofar as
practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest
period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest
periods shall not be deducted from the employee's wages. It is not necessary that the employee leave the
premises for said rest period. 9. Legal Deductions: No employer shall make a deduction from the wages
or compensation of an employee in violation of the Colorado Wage Act, § 8-4-105, C.R.S. (2006). 10.
Presents, Tips, or Gratuities: It shall be unlawful to deny presents, tips, or gratuities intended for
employees in violation of the Colorado Wage Act, § 8-4-103(6), C.R.S. (2006). 11. Wearing of
Uniforms: Where the wearing of a particular uniform or special apparel is a condition of employment, the
employer shall pay the cost of purchases, maintenance, and cleaning of the uniforms or special apparel. If
the uniform furnished by the employer is plain and washable and does not need or require special care
such as ironing, dry cleaning, pressing, etc., the employer need not maintain or pay for cleaning. An
employer may require a reasonable deposit (up to one-half of actual cost) as security for the return of
each uniform furnished to employees upon issuance of a receipt to the employee for such deposit. The
entire deposit shall be returned to the employee when the uniform is returned. The cost of ordinary wear
and tear of a uniform or special apparel shall not be deducted from the employee's wages or deposit.
Exception: clothing accepted as ordinary street wear and the ordinary white or any light colored plain and
washable uniform need not be furnished by the employer unless a special color, make, pattern, logo or
material is required.

Wage Order # 24 all adult employees and emancipated minors, employed in any of the industries
covered herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall
be paid not less than $7.02 effective January 1, 2008, less any applicable lawful credits for all hours
worked. Allowable Credits: the only allowable credits that may be taken by an employer toward the
minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to
exceed $25.00 per week) furnished by the employer and used by the employee may be considered part of
the minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided
to the employee may be used as part of the minimum hourly wage. No profits to the employer may be
included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed
before deductions are permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at
least $4.00 per hour if they claim a tip credit against their minimum hourly wage obligation. If an
employee’s tips combined with the employer’s cash wage of at least $4.00 per hour do not equal the
minimum hourly wage, the employer must make up the difference in cash wages. Exception: employees
whose physical disability has been certified by the director to significantly impair such disabled
employee’s ability to perform the duties involved in the employment, and unemancipated minors under
18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits,
for all hours worked.

Wage Order #25 all adult employees and emancipated minors, employed in any of the industries covered
herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid
not less than $7.24 effective January 1, 2010, less any applicable lawful credits for all hours worked.
Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum
wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed
$25.00 per week) furnished by the employer and used by the employee may be considered part of the
minimum wage when furnished .b) Meals: the reasonable cost or fair market value of meals provided to
the employee may be used as part of the minimum hourly wage. No profits to the employer may be
included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed
before deductions are permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at
least $4.26 per hour if they claim a tip credit against their minimum hourly wage obligation. If an
employee’s tips combined with the employer’s cash wage of at least $4.26 per hour do not equal the
minimum hourly wage, the employer must make up the difference in cash wages.Exception: employees
whose physical disability has been certified by the director to significantly impair such disabled
employee’s ability to perform the duties involved in the employment, and unemancipated minors under
18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits,
for all hours worked.

Wage Order #27 all adult employees and emancipated minors, employed in any of the industries covered
herein, whether employed on an hourly, piecework, commission, time, task, or other basis, shall be paid
not less than $7.36 effective January 1, 2011, less any applicable lawful credits for all hours worked.
Allowable Credits: the only allowable credits that may be taken by an employer toward the minimum
wage are as follows: a) Lodging: the reasonable cost or fair market value for lodging (not to exceed
$25.00 per week) furnished by the employer and used by the employee may be considered part of the
minimum wage when furnished. b) Meals: the reasonable cost or fair market value of meals provided to
the employee may be used as part of the minimum hourly wage. No profits to the employer may be
included in the reasonable cost or fair market value of such meals furnished. The meal must be consumed
before deductions are permitted. c) Tips: employers of “tipped employees” must pay a cash wage of at
least $4.34 per hour if they claim a tip credit against their minimum hourly wage obligation. If an
employee’s tips combined with the employer’s cash wage of at least $4.34 per hour do not equal the
minimum hourly wage, the employer must make up the difference in cash wages. Exception: employees
whose physical disability has been certified by the director to significantly impair such disabled
employee’s ability to perform the duties involved in the employment, and unemancipated minors under
18 years of age, may be paid 15% below the current minimum wage less any applicable lawful credits,
for all hours worked.

Wage Order #28 Colorado Minimum Wage Order Number 28 establishes a Colorado state minimum
wage pursuant to the requirements of Article XVIII, Section 15, of the Colorado Constitution. In addition
to state minimum wage requirements, there are also federal minimum wage requirements. If an employee
is covered by both state and federal minimum wage laws, the law which provides a higher minimum
wage or sets a higher standard shall apply. For information on federal minimum wage law, contact the
U.S. Department of Labor.2012 Colorado State Minimum Wage: Pursuant to the inflation adjustment
requirement of Article XVIII, Section 15, of the Colorado Constitution ,if either of the following two
situations applies to an employee, then the employee is entitled to the $7.64state minimum wage or the
$4.62 state tipped employee minimum wage, effective January 1, 2012:1. The employee is covered by
the minimum wage provisions of Colorado Minimum Wage Order Number 28.2. The employee is
covered by the minimum wage provisions of the Fair Labor Standards Act. Some restrictions and
exemptions may apply; contact the Colorado Division of Labor for additional information. The Colorado
Division of Labor accepts complaints for minimum wage violations involving employees who receive the
state or federal minimum wage. Table of Contents:Section1. Coverage2. Definitions3. Minimum Wage
and Allowable Credits4. Overtime Hours5. Exemptions from the Wage Order6. Exemptions from
Overtime 7. Meal Periods8. Rest Periods9. Legal Deductions10. Presents, Tips, or Gratuities11. Wearing
of Uniforms12. Record Keeping13. Administration and Interpretation14. Separability Clause15. Filing
of Complaints16. Investigations17. Enforcement18. Recovery of Wages19. Reprisals20. Violations21.
Posting Requirements22. Dual Jurisdiction1. Coverage: This Colorado Minimum Wage Order Number
28 regulates wages, hours, working conditions and procedures for certain employers and employees for
work performed within the boundaries of the state of Colorado in the following industries:(A) Retail and
Service (C) Food and Beverage(B) Commercial Support Service (D) Health and Medical2.
Definitions:(A) Retail and Service: any business or enterprise that sells or offers for sale, any service,
commodity, article, good, real estate, wares, or merchandise to the consuming public, and that
generates50% or more of its annual dollar volume of business from such sales. The retail and service
industry offers goods or services that will not be made available for resale. It also includes amusement
and recreation, public accommodations, banks, credit unions, savings and loans, and includes any
employee who is engaged in the performance of work connected with or incidental to such business or
enterprise, including office personnel.(B) Commercial Support Service: any business or enterprise
engaged directly or indirectly in providing services to other commercial firms through the use of service
employees who perform duties such as: clerical, keypunching, janitorial, laundry or dry cleaning,
security, building or plant maintenance, parking attendants, equipment operations, landscaping and
grounds maintenance. Commercial support service also includes temporary help firms which provide
employees to any business or enterprise covered by this wage order. Any employee, including office
personnel, engaged in the performance of work connected with or incidental to such business or
enterprise, is covered by the provisions of this wage order.(C) Food and Beverage: any business or
enterprise that prepares and offers for sale, food or beverages for consumption either on or off the
premises. Such business or enterprise includes but is not limited to: restaurants, snack bars, drinking
establishments, catering services, fast-food businesses, country clubs and any other business or
establishment required to have a food or liquor license or permit, and includes any employee who is
engaged in the performance of work connected with or incidental to such business or enterprise,
including office personnel.(D) Health and Medical: any business or enterprise engaged in providing
medical, dental, surgical or other health services including but not limited to medical and dental offices,
hospitals, home health care, hospice care, nursing homes, and mental health centers, and includes any
employee who is engaged in the performance of work connected with or incidental to such business or
enterprise, including office personnel Director: the director of the division of labor. Division: the division
of labor in the Colorado Department of Labor and Employment. Emancipated Minor: any individual less
than eighteen years of age who: a) has the sole or primary responsibility for his or her own support .b) is
married and living away from parents or guardian. c) is able to show that his or her well-being is
substantially dependent upon being gainfully employed. Emergency: an unpredictable or unavoidable
occurrence at unscheduled intervals requiring immediate action with regard to the employment of minors
in overtime situations. Employee: any person performing labor or services for the benefit of an employer
in which the employer may command when, where, and how much labor or services shall be performed.
For the purpose of this order, an individual primarily free from control and direction in the performance
of contracted labor or services, and who is customarily engaged in an independent trade, occupation,
profession, or business related to the service performed is not an employee. Employer: every person,
firm, partnership, association, corporation, receiver, or other officer of court in Colorado, and any agent
or officer thereof, of the above-mentioned classes, employing any person in Colorado, except that the
provisions of this order shall not apply to state, federal and municipal governments or political sub-
divisions thereof, including; cities, counties, municipal corporations, quasi-municipal corporations,
school districts, and irrigation, reservoir, or drainage conservation companies or special districts
organized and existing under the laws of Colorado. Full Time Employee: for the purpose of the
exemption described in section 5(b) of this wage order, a fulltime employee is one who performs work
for the benefit of an employer for a minimum of 32 hours per work week. Regular Rate of Pay: the
regular rate of pay actually paid to employees for a standard, non-overtime workweek. The regular rate
of pay shall include all compensation paid to employees including the set hourly rate, shift differential,
minimum wage tip credit, non-discretionary bonuses, production bonuses,
and commissions used for the purpose of calculating the overtime hourly rate for non-exempt employees.
Business expenses, bona fide gifts, discretionary bonuses, employer investment contributions, vacation
pay, holiday pay, sick leave, jury duty, or other pay for non-work hours may be excluded from the
regular rate of pay. Time Worked: the time during which an employee is subject to the control of an
employer, including all the time the employee is suffered or permitted to work whether or not required to
do so. Requiring or permitting employees to remain at the place of employment awaiting a decision on
job assignment or when to begin work or to perform clean up or other duties “off the clock” shall be
considered time worked and said time must be compensated .a) Travel Time: all travel time spent at the
control or direction of an employer, excluding normal home to work travel, shall be considered as time
worked. b) Sleep Time: where an employee’s tour of duty is 24 hours or longer, up to 8 hours of sleeping
time can be excluded from overtime compensation, if: (1) an express agreement excluding sleeping time
exists; and (2) adequate sleeping facilities for an uninterrupted night’s sleep are provided; and (3) at least
five hours of sleep are possible during the scheduled sleeping periods; and (4) interruptions to perform
duties are considered time worked. When said employee’s tour of duty is less than 24 hours, periods
during which the employee is permitted to sleep are compensable work time, as long as the employee is
on duty and must work when required. Only actual sleep time may be excluded up to a maximum of
eight (8) hours per work day. When work related interruptions prevent five(5) hours of sleep, the
employee shall be compensated for the entire work day. Tipped Employee: any employee engaged in an
occupation in which he or she customarily and regularly receives more than $30.00 a month in tips. Tips
include amounts designated as a “tip” by credit card customers on their charge slips. Nothing herein
contained shall prevent an employer covered hereby from requiring employees to share or allocate such
tips or gratuities on a pre-established basis among other employees of said business who customarily and
regularly receive tips. Employer-required sharing of tips with employees who do not customarily and
regularly receive tips, such as management or food preparers, or deduction of credit card processing fees
from tipped employees, shall nullify allowable tip credits towards the minimum wage authorized in
section 3(c).Wages or Compensation: all amounts due employees for labor or service; whether the
amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of
calculating the same, or whether the labor or service is performed under contract, subcontract,
partnership, sub-partnership, station plan, or other agreement, provided that the labor or service is
performed personally by the person demanding payment. Workday: any consecutive twenty-four (24)
hour period starting with the same hour each day and the same hour as the beginning of the workweek.
The workday is set by the employer and may accommodate flexible work shift scheduling. Work Shift:
the hours an employee is normally scheduled to work within a work day. Workweek: any consecutive
seven (7) day period starting with the same calendar day and hour each week. A workweek is a fixed and
recurring period of 168 hours, seven (7) consecutive twenty-four (24)hour periods.3. Minimum Wage
and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in any
of the industries covered herein, whether employed on an hourly, piecework, commission, time, task, or
other basis, shall be paid not less than $7.64 effective January 1, 2012, less any applicable lawful credits
for all hours worked. Allowable Credits: the only allowable credits that may be taken by an employer
toward the minimum wage are as follows: a) Lodging: the reasonable cost or fair market value for
lodging (not to exceed $25.00 per week)furnished by the employer and used by the employee may be
considered part of the minimum wage when furnished. b) Meals: the reasonable cost or fair market value
of meals provided to the employee may be used as part of the minimum hourly wage. No profits to the
employer may be included in the reasonable cost or fair market value of such meals furnished. The meal
must be consumed before deductions are permitted. c) Tips: employers of “tipped employees” must pay a
cash wage of at least $4.62 per hour if they claim a tip credit against their minimum hourly wage
obligation. If an employee’s tips combined with the employer’s cash wage of at least $4.62 per hour do
not equal the minimum hourly wage, the employer must make up the difference in cash wages.
Exception: employees whose physical disability has been certified by the director to significantly impair
such disabled employee’s ability to perform the duties involved in the employment, and unemancipated
minors under 18 years of age, may be paid 15% below the current minimum wage less any applicable
lawful credits, for all hours worked.4. Overtime Hours: Overtime Rate: employees shall be paid time and
one-half of the regular rate of pay for any work in excess of: (1) forty (40) hours per workweek; (2)
twelve (12) hours per workday, or (3) twelve (12)consecutive hours without regard to the starting and
ending time of the workday (excluding duty free meal periods), whichever calculation results in the
greater payment of wages. Hours worked in two or more work weeks shall not be averaged for
computation of overtime. Performance of work in two or more positions at different pay rates for the
same employer shall be computed at the overtime rate based on the regular rate of pay for the position in
which the overtime occurs, or at a weighted average of the rates for each position, as provided in the Fair
Labor Standards Act. Note: the requirement to pay overtime for work in excess of twelve (12)
consecutive hours will not alter the employee’s established workday or workweek, as previously defined.
Exception: in the event of a bona fide emergency situation, an employer may require minors ,subject to
the Colorado youth employment opportunity act, to work in excess of eight (8) hours in a twenty-four
(24) hour period or in excess of forty (40) hours per week. Said minors shall be compensated at time and
one-half the regular rate of pay for all hours worked in excess of eight(8) hours in any twenty-four (24)
hour period, or for all work in excess of forty (40) hours per week, whichever calculation results in the
greater payment of wages. The employer shall keep specific records to substantiate the existence of a
bona fide emergency. Note: a person under eighteen (18) years of age who has received a high school
diploma or a passing grade on a General Education Development (GED) examination, is not considered
aminor.5. Exemptions from the Wage Order: The following employees or occupations, as defined below,
are exempt from all provisions of Minimum Wage Order No. 28: administrative, executive/supervisor,
professional, outside sales employees, and elected officials and members of their staff. Other exemptions
are: companions, casual babysitters, and domestic employees employed by households or family
members to perform duties in private residences, property managers, interstate drivers, driver helpers,
loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers. Also exempt are:
students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a
work experience study program and employees working in laundries of charitable institutions which pay
no wages to workers and inmates, or patient workers who work in institutional laundries. Exemption
Definitions: a) Administrative Employee: a salaried individual who directly serves the executive, and
regularly performs duties important to the decision-making process of the executive. Said employee
regularly exercises independent judgment and discretion in matters of significance and their primary duty
is non-manual in nature and directly related to management policies or general business operations .b)
Executive or Supervisor: a salaried employee earning in excess of the equivalent of the minimum wage
for all hours worked in a workweek. Said employee must supervise the work of at least two full-time
employees and have the authority to hire and fire, or to effectively recommend such action. The
executive or supervisor must spend a minimum of 50% percent of the workweek in duties directly related
to supervision. c) Professional: a salaried individual employed in a field of endeavor who has knowledge
of an advanced type in a field of science or learning customarily acquired by a prolonged course of
specialized intellectual instruction and study. The professional employee must be employed in the field in
which they are trained to be considered a professional employee. Note: the requirement that a
professional employee must be paid on a salary basis does not apply to doctors, lawyers, teachers, and
employees in highly technical computer occupations earning at least $27.63 per hour. d) Outside
Salesperson: any person employed primarily away from the employer’s place of business or enterprise
for the purpose of making sales or obtaining orders or contracts for any commodities ,articles, goods, real
estate, wares, merchandise or services. Such outside sales employee must spend a minimum of 80% of
the workweek in activities directly related to their own outside sales.6. Exemptions from Overtime: The
following employees are exempt from the overtime provisions of Minimum Wage Order No. 28:a)
Salespersons, parts-persons, and mechanics employed by automobile, truck, or farm implement (retail)
dealers; salespersons employed by trailer, aircraft and boat (retail) dealers. b) Commission Sales
Exemption: sales employees of retail or service industries paid on a commission basis, provided that 50%
of their total earnings in a pay period are derived from commission sales, and their regular rate of pay is
at least one and one-half times the minimum wage. This exemption is only applicable for employees of
retail or service employers who receive in excess of 75% of their annual dollar volume from retail or
service sales. c) Ski Industry Exemption: employees of the ski industry performing duties directly related
to ski area operations for downhill skiing or snow boarding, and those employees engaged in providing
food and beverage services at on-mountain locations, are exempt from the forty (40) hour overtime
requirement of this wage order. The daily overtime requirement of one and one-half the regular rate of
pay for all hours worked in excess of twelve (12) in a workday shall apply. This partial overtime
exemption does not apply to ski area
employees performing duties related to lodging. d) Medical Transportation Exemption: employees of the
medical transportation industry who are scheduled to work twenty-four (24) hour shifts, are exempt from
the twelve (12) hour overtime requirement provided they receive overtime wages for hours worked in
excess of forty (40) hours per work week. Note: a hospital or nursing home may seek an agreement with
individual employees to pay overtime pursuant to the provisions of the Federal Fair Labor Standards Act
“8 and 80 rule”, whereby employees are paid time and one-half their regular rate of pay for any work
performed in excess of eighty (80) hours in a fourteen (14) consecutive day period and for any work in
excess of eight (8) hours per day.7. Meal Periods: Employees shall be entitled to an uninterrupted and
“duty free” meal period of at least a thirty minute duration when the scheduled work shift exceeds five
consecutive hours of work. The employees must be completely relieved of all duties and permitted to
pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of
the business activity or other circumstances exist that makes an uninterrupted meal period impractical,
the employee shall be permitted to consume an “on-duty” meal while performing duties. Employees shall
be permitted to fully consume a meal of choice “on the job” and be fully compensated for the “on-duty”
meal period without any loss of time or compensation.8. Rest Periods: Every employer shall authorize
and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work
period. A compensated ten (10) minute rest period for each four (4)hours or major fractions thereof shall
be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is
not necessary that the employee leave the premises for said rest period.9. Legal Deductions: No employer
shall make a deduction from the wages or compensation of an employee in violation of the Colorado
Wage Act, § 8-4-105, C.R.S. (2011).10. Presents, Tips, or Gratuities: It shall be unlawful to deny
presents, tips, or gratuities intended for employees in violation of the Colorado Wage Act, § 8-4-103(6),
C.R.S. (2011). 11. Wearing of Uniforms: Where the wearing of a particular uniform or special apparel is
a condition of employment, the employer shall pay the cost of purchases, maintenance, and cleaning of
the uniforms or special apparel. If the uniform furnished by the employer is plain and washable and does
not need or require special care such as ironing, dry cleaning, pressing, etc., the employer need not
maintain or pay for cleaning. An employer may require a reasonable deposit (up to one-half of actual
cost) as security for the return of each uniform furnished to employees upon issuance of a receipt to the
employee for such deposit. The entire deposit shall be returned to the employee when the uniform is
returned. The cost of ordinary wear and tear of a uniform or special apparel shall not be deducted from
the employee’s wages or deposit. Exception: clothing accepted as ordinary street wear and the ordinary
white or any light colored plain and washable uniform need not be furnished by the employer unless a
special color, make, pattern, logo or material is required. 12. Record Keeping. Every employer shall keep
at the place of employment or at the employer’s principal place of business in Colorado, a true and
accurate record for each employee which contains the following information: a) name, address, social
security number, occupation and date of hire of said employee .b) date of birth, if the employee is under
eighteen (18) years of age .c) daily record of all hours worked. d) record of allowable credits and
declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each
pay period. An itemized earnings statement of this information shall be provided to each employee each
pay period. Such records shall be kept on file at least two years from date of entry.13. Administration and
Interpretation: The division of labor shall have jurisdiction over all questions of fact arising with respect
to the administration and interpretation of this order.14. Separability Clause: If any section, sentence,
clause or phrase of this order is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portion of the order.15. Filing of Complaints: Any person may register with the
division, a written complaint that alleges a violation of the Minimum Wage Order within two (2) years of
said violation(s).16. Investigations: The director or designated agent shall investigate and take all
proceedings necessary to enforce the payment of the minimum wage rate and other alleged violations of
this wage order, pursuant to this article and the Colorado Wage Act § 8-4-101 C.R.S. et seq.17.
Enforcement: The director has the power, in person or through any authorized representative, to inspect,
examine and make excerpts from any book, reports, contracts, payrolls, documents, papers, and other
records of any employer that in any way pertain to the question of wages, and to require from any such
employer full and true statement of the wages paid.18. Recovery of Wages: An employee paid less than
the legal minimum wage is entitled to recover in a civil action the unpaid balance of the full amount of
such minimum wage, together with costs of the suit, pursuant to § 8-6-118C.R.S.19. Reprisals:
Employers shall not threaten, coerce, or discharge any employee because of participation in
anyinvestigation or hearing relating to the minimum wage act. Violators may be subject to a fine of not
less than two hundred dollars ($200.00), up to one thousand dollars ($1,000.00) for each violation,
              pursuant to§ 8-6-115 C.R.S.20.
Connecticut   31-58 "Minimum fair wage" in any industry or occupation in this state means a wage of not less than six
              dollars and seventy cents per hour, and effective January 1, 2003, not less than six dollars and ninety
              cents per hour, and effective January 1, 2004, not less than seven dollars and ten cents per hour, and
              effective January 1, 2006, not less than seven dollars and forty cents per hour, and effective January 1,
              2007, not less than seven dollars and sixty-five cents per hour, and effective January 1, 2009, not less
              than eight dollars per hour, or effect January 1, 2010, not less than eight dollars and twenty-five cents per
              hour, or one-half of one per cent rounded to the nearest whole cent more than the highest federal
              minimum wage, whichever is greater, except as may otherwise be established in accordance with the
              provisions of this part. All wage orders in effect on October 1, 1971, wherein a lower minimum fair wage
              has been established, are amended to provide for the payment of the minimum fair wage herein
              established except as hereinafter provided. Whenever the highest federal minimum wage is increased, the
              minimum fair wage established under this part shall be increased to the amount of said federal minimum
              wage plus one-half of one per cent more than said federal rate, rounded to the nearest whole cent,
              effective on the same date as the increase in the highest federal minimum wage, and shall apply to all
              wage orders and administrative regulations then in force. The rates for learners, beginners, and persons
              under the age of eighteen years shall be not less than eighty-five per cent of the minimum fair wage for
              the first two hundred hours of such employment and equal to the minimum fair wage thereafter, except
              institutional training programs specifically exempted by the commissioner.

              31-58a. Notwithstanding the provisions of subsection (j) of section 31-58, minors between the ages of
              sixteen and eighteen years who are employees of the state or any political subdivision thereof shall be
              paid a minimum wage of not less than eighty-five per cent of the minimum fair wage as defined in said
              subsection, and notwithstanding the provisions of said subsection, minors between the ages of fourteen
              and eighteen who are agricultural employees shall be paid a minimum wage of not less than eighty- five
              per cent of the minimum fair wage as defined in said section except agricultural employees between the
              ages of fourteen and eighteen who are employed by employers who did not, during the preceding
              calendar year, employ eight or more workers at the same time shall be paid a minimum wage of not less
              than seventy per cent of the minimum wage as defined in said section 31-58.

              31-60. Notwithstanding the provisions of this subsection, for the period commencing January 1, 2005,
              such regulations shall recognize, as part of the minimum fair wage, gratuities in an amount equal to (1)
              twenty-nine and three-tenths per cent of the minimum fair wage per hour for persons employed in the
              hotel and restaurant industry, including a hotel restaurant, who customarily and regularly receive
              gratuities, and (2) eight and two- tenths per cent of the minimum fair wage per hour for persons
              employed as bartenders who customarily and regularly receive gratuities. The commissioner may
              provide, in such regulations, modifications of the minimum fair wage herein established for learners and
              apprentices; persons under the age of eighteen years; and for such special cases or classes of cases as the
              commissioner finds appropriate to prevent curtailment of employment opportunities, avoid undue
              hardship and safeguard the minimum fair wage herein established.

              31-67. The commissioner may cause to be issued, to any person whose earning capacity is impaired by
              age or physical or mental deficiency or injury, a special license authorizing employment at such wages
              less than the minimum fair wage and for such period of time as is fixed by the commissioner and stated
              in the license.

              31-53 (f) Each employer subject to the provisions of this section or section 31-54 shall (1) keep,
              maintain and preserve such records relating to the wages and hours worked by each person performing
              the work of any mechanic, laborer and worker and a schedule of the occupation or work classification at
              which each person performing the work of any mechanic, laborer or worker on the project is employed
              during each work day and week in such manner and form as the Labor Commissioner establishes to
              assure the proper payments due to such persons or employee welfare funds under this section or section
              31-54, regardless of any contractual relationship alleged to exist between the contractor and such person,
              and (2) submit monthly to the contracting agency by mail, first class postage prepaid, a certified payroll
              that shall consist of a complete copy of such records accompanied by a statement signed by the employer
              that indicates (A) such records are correct; (B) the rate of wages paid to each person performing the work
              of any mechanic, laborer or worker and the amount of payment or contributions paid or payable on
              behalf of each such person to any employee welfare fund, as defined in subsection (h) of this section, are
              not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on
              behalf of each such person to any employee welfare fund, as determined by the Labor Commissioner
              pursuant to subsection (d) of this section, and not less than those required by the contract to be paid; (C)
              the employer has complied with the provisions of this section and section 31-54; (D) each such person is
              covered by a workers' compensation insurance policy for the duration of such person's employment,
              which shall be demonstrated by submitting to the contracting agency the name of the workers'
              compensation insurance carrier covering each such person, the effective and expiration dates of each
              policy and each policy number; (E) the employer does not receive kickbacks, as defined in 41 USC 52,
              from any employee or employee welfare fund; and (F) pursuant to the provisions of section 53a-157a, the
              employer is aware that filing a certified payroll which the employer knows to be false is a class D felony
              for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both.
              This subsection shall not be construed to prohibit a general contractor from relying on the certification of
              a lower tier subcontractor, provided the general contractor shall not be exempted from the provisions of
              section 53a-157a if the general contractor knowingly relies upon a subcontractor's false certification.
              Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record
              and every person shall have the right to inspect and copy such records in accordance with the provisions
              of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69
              that are not inconsistent with the provisions of this section or section 31-54 apply to this section. Failing
              to file a certified payroll pursuant to subdivision (2) of this subsection is a class D felony for which the
              employer may be fined up to five thousand dollars, imprisoned for up to five years, or both.

              31-57f. On and after July 1, 2000, the wages paid on an hourly basis to any employee of a required
              employer in the provision of food, building, property or equipment services provided to the state pursuant
              to a contract or agreement with the state or any state agent, shall be at a rate not less than the standard
              rate determined by the Labor Commissioner pursuant to subsection (g) of this section.
              (http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm#prevailing%20wage)

              [Editors Note] The current living wage rate for Hartford for 2005-2006 is $10.23 per hour if benefits are
              provided and $14.97 per hour if benefits are not provided. The living wage rate for New Britain is $10.97
              per hour.

              [Editor's Note] Effective July 1, 2006 the living wage rate for New Haven will increase to $11.50 per
              hour.

              [Editors Note] Effective July 1, 2006 the new living wage rate for Hartford is $10.58 per hour if benefits
              are provided and $15.39 per hour if no benefits are provided.
Delaware      902. (a) Every employer shall pay wages of a rate of not less than $6.15 per hour through December 31,
              2006, and $6.65 per hour effective January 1, 2007, $7.15 per hour effective January 1, 2008, and $7.25
              per hour effective July 24, 2009 to every employee in any occupation, except as may be otherwise
              provided under this chapter. Upon the establishment of a federal minimum wage in excess of the State
              minimum wage, the minimum wage in this State shall be equal in amount to the federal minimum wage,
              except as may otherwise be provided under this chapter. (b) Gratuities received by employees engaged in
              occupations in which gratuities customarily constitute part of the remuneration may be considered wages
              for purposes of this chapter in an amount equal to the tip credit percentage, as set by the federal
              government as of June 15, 2006, of the minimum rate as set forth in subsection (a) of this section. In no
              event shall the minimum rate, under this subsection, be less than $2.23 per hour. (c) For purposes of this
              section: (1) An employee engaged in an occupation in which gratuities customarily constitute part of the
              remuneration shall be any worker engaged in an occupation in which workers customarily and regularly
              receive more than $30 per month in tips or gratuities. (2) "Gratuities" means monetary contributions
              received directly or indirectly by an employee from a guest, patron or customer for services rendered
              where the customer is entirely free to determine whether to make any payment at all and, if so, the
              amount. (3) A "primary direct service employee" is one who in a given situation performs the main direct
              service for a customer and is to be considered the recipient of the gratuity. (4) A "service charge" is an
              obligatory sum of money included in the statement of charges. Clear and conspicuous notice must be
              made on either the menu, placard, the front of the statement of charges or other notice given to the
              customer indicating that all or part of the service charge is the property of the management. Such notice
              must be clearly printed, stamped or written in bold type. A service charge assessed to customers, patrons
              or guests without such notice is the property of the primary direct service employee(s). For the purposes
              of this section, type which is at least 18 point (one-fourth inch) on the placard, or 10 point (one-eighth
              inch) or larger on all other notices shall be considered clear and conspicuous. (d)(1) Any gratuity
              received by an employee, indicated on any receipt as a gratuity, or deposited in or about a place of
              business for direct services rendered by an employee is the sole property of the primary direct service
              employee and may not be taken or retained by the employer except as required by state or federal law.
              (2) Employees may establish a system for the sharing or pooling of gratuities among direct service
              employees, provided that the employer shall not in any fashion require or coerce employees to agree
              upon such a system. Where more than 1 direct service employee provides personal service to the same
              customer from whom gratuities are received, the employer may require that such employees establish a
              tip pooling or sharing system not to exceed 15% of the primary direct service employee's gratuities. The
              employer shall not, under any circumstances, receive any portion of the gratuities received by the
              employees. (3) The Department may require the employer to pay restitution if the employer diverts any
              gratuities of its employees in the amount of the gratuities diverted. If the records maintained by the
              employer do not provide sufficient information to determine the exact amount of gratuities diverted, the
              Department may make a determination of gratuities diverted based on available evidence.
District of   32-1003. (a)(1) As of January 1, 2009, the minimum wage required to be paid to any employee by any
Columbia   employer in the District of Columbia shall be $8.25 an hour, or the minimum wage set by the United
           States government pursuant to the Fair Labor Standards Act (29 U.S.C. § 206 et seq.), plus $1, whichever
           is greater. All handicapped workers shall be paid at a rate not less than the minimum wage, except in
           those instances where a certificate has been issued by the United States Department of Labor that
           authorizes the payment of less to handicapped workers under § 214(c) of the Fair Labor Standards Act.
           (e) No employer shall be deemed to have violated subsection (c) of this section if the employee works for
           a retail or service establishment and: (1) The regular rate of pay of the employee is in excess of 1 1/2
           times the minimum hourly rate applicable to the employee under this subchapter; and (2) More than 1/2
           of the employee's compensation for a representative period (not less than 1 month) represents
           commissions on goods or services. (f) As of January 1, 2005, the minimum wage required to be paid by
           any employer in the District of Columbia to any employee who receives gratuities shall be $2.77 an hour,
           provided that the employee actually receives gratuities in an amount at least equal to the difference
           between the hourly wage paid and the minimum wage as set by subsection (a) of this section. (g)
           Subsection (f) of this section shall not apply to an employee who receives gratuities unless: (1) The
           employee has been informed by the employer of the provisions of subsection (f) of this section; and (2)
           All gratuities received by the employee have been retained by the employee, except that this provision
           shall not be construed to prohibit the pooling of gratuities among employees who customarily receive
           gratuities.

           The Living Wage Rate, authorized by the Living Wage Act of 2006, determines the pay rate employers
           receiving economic development assistance or funding from the District must offer workers. All
           recipients of government contracts or assistance of $100,000 or more are required to pay their employees
           no less than the living wage authorized by the District. All subcontractors of contracts for $15,000 or
           more must also pay their employees the living wage. A living wage is also paid to employees of the
           District government effective March 1, 2006. Originally set by law at $11.75, the Living Wage Rate is
           reviewed on an annual basis and can be adjusted to account for annual average increase, if any, in the
           Consumer Price Index for all Urban Consumers in the Washington Metropolitan Statistical Area
           published by the Bureau of Labor Statistics of the United States Department of Labor. Based on that, the
           2011 Living Wage Rate remains at $12.50 per hour, unchanged from the 2010 level.
Florida    Article X, Section 24 (c) Employers shall pay Employees Wages no less than the Minimum Wage for all
           hours worked in Florida. Effective January 1, 2012 the Minimum Wage shall be established at an hourly
           rate of $7.67 per hour. On September 30th of that year and on each following September 30th, the state
           Agency for Workforce Innovation shall calculate an adjusted Minimum Wage rate by increasing the
           current Minimum Wage rate by the rate of inflation during the twelve months prior to each September 1st
           using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index
           as calculated by the United States Department of Labor. Each adjusted Minimum Wage rate calculated
           shall be published and take effect on the following January 1st. For tipped Employees meeting eligibility
           requirements for the tip credit under the FLSA, Employers may credit towards satisfaction of the
           Minimum Wage tips up to the amount $4.65 per hour.

           255.071 (1) Any person, firm, or corporation who receives a payment from the state or any county, city,
           or political subdivision of the state, or other public authority, for the construction of a public building, for
           the prosecution and completion of a public work, or for repairs upon a public building or public work
           shall pay, in accordance with the contract terms, the undisputed contract obligations for labor, services,
           or materials provided on account of such improvements. (http://www.floridajobs.org/alc/ans12.htm)

           [Editor’s note: Effective through September 30, 2010, the living wage for Miami-Dade County is $11.36
           per hour if employer provides health care benefits, or $13.01 per hour if employer does not provide
           health care benefits. The current living wage rate for Broward County is $11.13 per hour with qualifying
           health care benefits equivalent to at least $1.44 per hour, or $12.57 per hour if no health care benefits are
           provided.]

           [Editor’s Note:] Effective October 1, 2011 the living wage rate for the city of Miami Beach will increase
           from $10.16 to $10.72 per hour, for employers who provide health care benefits of at least $1.45 per hour
           provided, and to $12.17 per hour for employers who don’t provide health care benefits. Effective on
           October 1, 2012, the living wage will increase to $11.28 per hour for employers who provide health care
           benefits of at least $1.64 per hour and to $12.92 per hour for employers who don’t provide health care
           benefits. The Miami Beach Living Wage Ordinance applies to all full and part-time City employees and
           to service contractors and subcontractors of service contractors that have entered into a service contract
           with the City involving the City's expenditures of over $100,000 per year for covered services. Covered
           services include food preparation and distribution; security services; routine maintenance services, such
           as custodial, cleaning, refuse removal, repair, refinishing and recycling; clerical or other nonsupervisory
           office work, both temporary and permanent; transportation and parking services; printing and
           reproduction services; landscaping, lawn and/or agricultural services; park and public property
           maintenance.
Georgia    34-4-3. (a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or
         corporation, shall pay to all covered employees a minimum wage which shall be not less than $5.15 per
         hour for each hour worked in the employment of such employer.

         [Note: Employers subject to federal law must pay employees the federal minimum wage rate of $7.25
         per hour effective July 24, 2009)

         34-4-4. (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of
         organizations and businesses for the purpose of exempting them from the operation of this chapter. The
         exemptions so granted shall be based upon considerations of the value of allowing certain classes of
         persons to be employed at rates below the minimum rate because of overriding considerations of public
         policy to allow employment of certain persons with disabilities and others who cannot otherwise compete
         effectively in the labor market.
Hawaii   387-2 Except as provided in section 387-9 and this section, every employer shall pay to each employee
         employed by the employer, wages at the rate of not less than: (1) $6.25 per hour beginning January 1,
         2003; (2) $6.75 per hour beginning January 1, 2006; and (3) $7.25 per hour beginning January 1, 2007.
         The hourly wage of a tipped employee may be deemed to be increased on account of tips if the employee
         is paid not less than 25 cents below the applicable minimum wage by the employee's employer and the
         combined amount the employee receives from the employee's employer and in tips is at least 50 cents
         more than the applicable minimum wage.

         387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii
         youth correctional facility; handicapped workers. (a) Notwithstanding the provisions of section 387-2,
         the director may by rules provide for the employment: (1) Of learners, of apprentices, of part-time
         employees who are full-time students attending public or private schools other than colleges, universities,
         business schools, or technical schools, and of wards paroled from the Hawaii youth correctional facility,
         under special certificates issued by the director, at such wages lower than the applicable minimum wage
         and subject to such limitations as to time, number, proportion, and length of service as the director shall
         prescribe; [and] provided that the wages of meal ticket and adult supervisors of the department of
         education shall be subject to section 387-2; and (2) Of individuals whose earning capacity is impaired by
         old age or physical or mental deficiency or injury, under special certificates issued by the director, at
         such wages lower than the applicable minimum wage and for such period as shall be fixed in the
         certificates. (b) (1) After June 30, 1974, and until June 30, 1976, notwithstanding the provisions of
         section 387-2 and of the foregoing subsection, an employer engaged in a seasonal pursuit may employ an
         employee: (A) To whom the minimum wage rate required by section 387-2 would apply in such
         employment but for this subsection, and (B) Who is a full-time student who attended a public or private
         school, other than a college, university, business school or technical school, for at least six months during
         the preceding twelve-month period, at a special minimum wage rate not less than eighty-five per centum
         of a minimum wage applicable under section 387-2. (2) The director may, by regulation, prescribe
         standards and requirements to ensure that this subsection will not create a substantial probability of
         reducing the full-time employment opportunities of persons other than those to whom the special
         minimum wage rate authorized by this subsection is applicable.

         104-2 Contracts in excess of$2,000 must state the minimum wages to be paid to laborers. This provision
         does not apply to experimental and demonstration housing projects costing less than $500,000, when the
         bidder or developer is a nonprofit corporation.
Idaho    44-1502. (1) Except as hereinafter otherwise provided, no employer shall pay to any of his employees
         any wages computed at a rate of less than seven dollars and twenty-five cents ($7.25) commencing July
         24, 2009. The amount of the minimum wage shall conform to, and track with, the federal minimum
         wage. (2) In determining the wage of a tipped employee, the amount of direct wages paid by an employer
         to the employee shall be deemed to be increased on account of tips actually received by the employee;
         provided however, the direct wages paid to the employee by the employer shall not be in an amount less
         than three dollars and thirty-five cents ($3.35) an hour. If the tips actually received by the employee
         combined with the direct wages paid by the employer do not at least equal the minimum wage, the
         employer must make up the difference. In the event a dispute arises between the employee and the
         employer with respect to the amount of tips actually received by the employee, it shall be the employer's
         burden to demonstrate the amount of tips actually received by the employee. Any portion of tips paid to
         an employee, which is shared with other employees under a tip pooling or similar arrangement, shall not
         be deemed, for the purpose of this section, to be tips actually received by the employee. (3) In lieu of the
         rate prescribed by subsection (1) of this section, an employer may pay an employee who has not attained
         twenty (20) years of age a wage which is not less than four dollars and twenty-five cents ($4.25) an hour
         during the first ninety (90) consecutive calendar days after such employee is initially employed. No
         employer may take any action to displace employees (including partial displacements such as reduction
         in hours, wages or employment benefits) for purposes of hiring individuals at the wage authorized in this
         subsection.

         44-1504. The provisions of this act shall not apply to:(1) Any employee employed in a bona fide
           executive, administrative or professional capacity; or(2) Anyone engaged in domestic service; or(3) Any
           individual employed as an outside salesman; or(4) Seasonal employees of a nonprofit camping program;
           or(5) Any child under the age of sixteen (16) years working part time or at odd jobs not exceeding a total
           of four (4) hours per day with any one (1) employer; or (6) Any individual employed in agriculture if:(a)
           Such employee is the parent, spouse, child or other member of his employer's immediate family; or(b)
           Such employee is older than sixteen (16) years of age and:(i) Is employed as a harvest laborer and is paid
           on a piece-rate basis in an operation which has been, and is customarily and generally recognized as
           having been, paid on a piece-rate basis in the region of employment, and(ii) Commutes daily from his
           permanent residence to the farm on which he is so employed, and(iii) Has been employed in agriculture
           less than thirteen (13) weeks during the preceding calendar year; orc) Such employee is sixteen (16)
           years of age or under and (i) Is employed as a harvest laborer, is paid on a piece-rate basis in an operation
           which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in
           the region of employment, and(ii) Is employed on the same farm as his parent or person standing in the
           place of his parent, and(iii) Is paid at the same piece-rate basis as employees over the age of sixteen (16)
           years are paid on the same farm; or(d) Such employee is principally engaged in the range production of
           livestock.

           44-1505. The payment of the minimum wage under this act shall not apply to a worker with disabilities,
           if the employer is issued a special certificate, as provided now or hereafter under the federal fair labor
           standards act.

           44-1506. For any employment in which the minimum wage is applicable, the director of the department
           of labor may issue to an apprentice or learner a special license authorizing the employment of such
           apprentice or learner for the time and under the conditions which he determines and at a wage less than
           the minimum wage established by this act. Apprentice or learner shall include a student or students
           enrolled in a bona fide secondary school program administered by an accredited school district which
           includes work training experience. The director may hold such hearings and conduct such investigations
           as he shall deem necessary before fixing a special wage for such apprentice or learner.
Illinois   820 ILCS 105 Sec. 4. (a)(1) Every employer shall pay to each of his employees in every occupation
           wages of not less than $2.30 per hour or in the case of employees under 18 years of age wages of not less
           than $1.95 per hour, except as provided in Sections 5 and 6 of this Act, and on and after January 1, 1984,
           every employer shall pay to each of his employees in every occupation wages of not less than $2.65 per
           hour or in the case of employees under 18 years of age wages of not less than $2.25 per hour, and on and
           after October 1, 1984 every employer shall pay to each of his employees in every occupation wages of
           not less than $3.00 per hour or in the case of employees under 18 years of age wages of not less than
           $2.55 per hour, and on or
           after July 1, 1985 every employer shall pay to each of his employees in every occupation wages of not
           less than $3.35 per hour or in the case of employees under 18 years of age wages of
           not less than $2.85 per hour, and from January 1, 2004 through December 31, 2004 every employer shall
           pay to each of his or her employees who is 18 years of age or older in every
           occupation wages of not less than $5.50 per hour, and from January 1, 2005 through June 30, 2007 every
           employer shall pay to each of his or her employees who is 18 years of age or older in every occupation
           wages of not less than $6.50 per hour, and from July 1, 2007 through June 30, 2008 every employer shall
           pay to each of his or her employees who is 18
           years of age or older in every occupation wages of not less than $7.50 per hour, and from July 1, 2008
           through June 30, 2009 every employer shall pay to each of his or her employees
           who is 18 years of age or older in every occupation wages of not less than $7.75 per hour, and from July
           1, 2009 through June 30, 2010 every employer shall pay to each of his or her
           employees who is 18 years of age or older in every occupation wages of not less than $8.00 per hour, and
           on and after July 1, 2010 every employer shall pay to each of his or her employees
           who is 18 years of age or older in every occupation wages of not less than $8.25 per hour.
           (2) Unless an employee's wages are reduced under Section 6, then in lieu of the rate prescribed in item
           (1) of this subsection (a), an employer may pay an employee who is 18 years of age or older, during the
           first 90 consecutive calendar days after the employee is initially employed by the employer, a wage that
           is not more than 50¢ less than the wage prescribed in item (1) of this subsection (a). (3) At no time shall
           the wages paid to any employee under 18 years of age be more than 50¢ less than the wage required to be
           paid to employees who are at least 18 years of age under item (1) of this subsection (a). (b) No employer
           shall discriminate between employees on the basis of sex or mental or physical handicap, except as
           otherwise provided in this Act by paying wages to employees at a rate less than the rate at which he pays
           wages to employees for the same or substantially similar work on jobs the performance of which requires
           equal skill, effort, and responsibility, and which are performed under similar working
           conditions, except where such payment is made pursuant to (1) a seniority system; (2) a merit system; (3)
           a system which measures earnings by quantity or quality of production; or (4)
           a differential based on any other factor other than sex or mental or physical handicap, except as otherwise
           provided in this Act. (c) Every employer of an employee engaged in an occupation
           in which gratuities have customarily and usually constituted and have been recognized as part of the
           remuneration for hire purposes is entitled to an allowance for gratuities as part of the hourly wage rate
          provided in Section 4, subsection (a) in an amount not to exceed 40% of the applicable minimum wage
          rate. The Director shall require each employer desiring an allowance for gratuities to provide substantial
          evidence that the amount claimed, which may not exceed 40% of the applicable minimum wage rate, was
          received by the employee in the period for which the claim of exemption is made, and no part thereof
          was returned to the employer. (d) No camp counselor who resides on the premises of a seasonal camp of
          an organized not-for-profit corporation shall be subject to the adult minimum wage if the camp counselor
          (1) works 40 or more hours per week, and (2) receives a total weekly salary of not less than the adult
          minimum wage for a 40-hour week. If the counselor works less than 40 hours per week, the counselor
          shall be paid the minimum hourly wage for each hour worked. Every employer of a camp counselor
          under this subsection is entitled to an allowance for meals and lodging as part of the hourly wage rate
          provided in Section 4, subsection (a), in an amount not to exceed 25% of the minimum wage rate. (e) A
          camp counselor employed at a day camp of an organized not-for-profit corporation is not subject to the
          adult minimum wage if the camp counselor is paid a stipend on a onetime or periodic basis and, if the
          camp counselor is a minor, the minor's parent, guardian or other custodian has consented in writing to the
          terms of payment before the commencement of such employment.

          210.500 a) No employer subject to the provisions of the Act may employ an individual with a disability
          at less than the minimum wage rate pursuant to Section 4 of the Act without first obtaining a license from
          the Director. b) An official application form for a license to employ an individual with a disability at a
          wage less than the minimum wage rate shall be provided by the Director.

          210.200 a) The reasonable cost of meals and lodging furnished by the employer and actually used by the
          employee may be considered as part of the wage paid an employee only where customarily furnished to
          the employee. The employee must receive the meals and/or lodgings for which he or she is charged, and
          it is also essential that his/her acceptance thereof be voluntary and uncoerced. It is not sufficient that the
          meals and/or lodgings be furnished by an employer to justify the charge. It is necessary that the meals
          and/or lodgings are furnished regularly by the employer to his employees in the same or similar trade,
          business or enterprise in the same or similar communities. b) The employer may charge the employee the
          reasonable cost to the employer of furnishing meals and/or lodgings which cost does not include profit to
          the employer and/or any affiliated person.

          210.600 a) No employer subject to the provisions of the Act shall employ a learner at less than the
          minimum wage pursuant to Section 4 of the Act without first obtaining a license from the Director. An
          employer may at no time pay a learner less than the minimum rate provided by Section 6 of the Act. b)
          No person shall be deemed a learner at an establishment in an occupation for which he has completed the
          required training. A learner, having completed his/her required training, must thereupon be paid at wages
          not less than the minimum wage required by Section 4 of the Act. c) The period of learning may not
          exceed six months, except where the Director determines, following investigation, that the occupation for
          which the learner is to be trained requires in excess of six months of such training to attain a level of
          minimum proficiency. A special request must be made by any employer seeking to extend the training
          period, upon forms provided by the Department. d)The employer has the burden of establishing that, for
          the occupation for which the learner is to be trained, there is a bona fide training program for the
          occupation, and the length of the training period is reasonable in light of the skills required to attain a
          level of minimum proficiency.

          210.640 A student learner may be paid at a sub-minimum wage rate in accordance with Section 6 of the
          Act for the length of the course or for the time in which he or she receives course credit, whichever is
          shorter. b) The employer or school must apply for a license to employ a student learner at a sub-
          minimum wage rate on official forms furnished by the Director. A license may be issued for the purpose
          of employing more than one student learner in the same capacity.

          820 ILCS 130/1 It is the policy of the State of Illinois that a wage of no less than the general prevailing
          hourly rate as paid for work of a similar character in the locality in which the work is performed, shall be
          paid to all laborers, workers and mechanics employed by or on behalf of any and all public bodies
          engaged in public works. (http://www.state.il.us/agency/idol/cm/countym.htm)
Indiana    22-2-2-8 (a) Every employer subject to the provisions of this chapter or to any rule or order issued under
          this chapter shall each pay period furnish to each employee a statement that includes at least the
          following . (3) A listing of the deductions made. (b) An employer shall furnish to the commissioner
          upon demand a sworn statement of the information furnished to an employee under subsection (a).
          Records relating to the information furnished shall be open to inspection by the commissioner, the
          commissioner's deputy, or any authorized agent of the department at any reasonable time. (c) Every
          employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall
          post in a conspicuous place in the area where employees are employed a single page poster providing
          employees notice of the following information: (1) The current Indiana minimum wage. (2) An
          employee's basic rights under Indiana's minimum wage law. (3) Contact information to inform an
          employee how to obtain additional information from or to direct questions or complaints to the Indiana
department of labor. (d) The commissioner shall furnish copies of this chapter and the rules and orders to
employers without charge upon request.

22-8-1.1-35.1 (a) The board in the discharge of its functions may inspect the premises involved in the
dispute. (b) The board shall select an administrative law judge under IC 4-21.5-3-9. However, if the
board selects any individual who is not a member of the board, that individual must be an attorney. Any
attorney so appointed shall receive reasonable compensation as determined by the commissioner.

22-2-2-4 (a) Every employer employing four (4) or more employees during a work week shall: (1) in any
work week beginning on or after July 1, 1968, in which the employer is subject to the provisions of this
chapter, pay each of the employer' employees wages of not less than one dollar and twenty-five cents
($1.25) per hour; (2) in any work week beginning on or after July 1, 1977, in which the employer is
subject to this chapter, pay each of the employer's employees wages of not less than one dollar and fifty
cents ($1.50) per hour; (3) in any work week beginning on or after January 1, 1978, in which the
employer is subject to this chapter, pay each of the employer's employees wages of not less than one
dollar and seventy-five cents ($1.75) per hour; and (4) in any work week beginning on or after January 1,
1979, in which the employer is subject to this chapter, pay each of the employer's employees wages of
not less than two dollars ($2) per hour. (b) Except as provided in subsection (c), every employer
employing at least two (2) employees during a work week shall, in any work week in which the employer
is subject to this chapter, pay each of the employees in any work week beginning on and after July 1,
1990, and before October 1, 1998, wages of not less than three dollars and thirty-five cents ($3.35) per
hour. (c) An employer subject to subsection (b) is permitted to apply a "tip credit" in determining the
amount of cash wage paid to tipped employees. In determining the wage an employer is required to pay a
tipped employee, the amount paid the employee by the employee's employer shall be an amount equal to:
(1) the cash wage paid the employee, which for purposes of the determination shall be not less than the
cash wage required to be paid to employees covered under the federal Fair Labor Standards Act of 1938,
as amended (29 U.S.C. 203(m)(1)) on August 20, 1996, which amount is two dollars and thirteen cents
($2.13) an hour; and (2) an additional amount on account of the tips received by the employee, which
amount is equal to the difference between the wage specified in subdivision (1) and the wage in effect
under subsections (b), (f), (g), and (h). An employer is responsible for supporting the amount of tip credit
taken through reported tips by the employees. (d) No employer having employees subject to any
provisions of this section shall discriminate, within any establishment in which employees are employed,
between employees on the basis of sex by paying to employees in such establishment a rate less than the
rate at which the employer pays wages to employees of the opposite sex in such establishment for equal
work on jobs the performance of which requires equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where such payment is made pursuant to: (1) a
seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of
production; or (4) a differential based on any other factor other than sex. (e) An employer who is paying
a wage rate differential in violation of subsection (d) shall not, in order to comply with subsection (d),
reduce the wage rate of any employee, and no labor organization, or its agents, representing employees of
an employer having employees subject to subsection (d) shall cause or attempt to cause such an employer
to discriminate against an employee in violation of subsection (d). (f) Except as provided in subsection
(c), every employer employing at least two (2) employees during a work week shall, in any work week in
which the employer is subject to this chapter, pay each of the employees in any work week beginning on
or after October 1, 1998, and before March 1, 1999, wages of not less than four dollars and twenty-five
cents ($4.25) per hour. (g) Except as provided in subsections (c) and (j), every employer employing at
least two (2) employees during a work week shall, in any work week in which the employer is subject to
this chapter, pay each of the employees in any work week beginning on or after March 1, 1999, and
before July 1, 2007, wages of not less than five dollars and fifteen cents ($5.15) an hour. (h) Except as
provided in subsections (c) and (j), every employer employing at least two (2) employees during a work
week shall, in any work week in which the employer is subject to this chapter, pay each of the employees
in any work week beginning on or after June 30, 2007, wages of not less than the minimum wage payable
under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.). (i) This section
does not apply if an employee: (1) provides companionship services to the aged and infirm (as defined in
29 CFR 552.6); and (2) is employed by an employer or agency other than the family or household using
the companionship services, as provided in 29 CFR 552.109 (a). (j) This subsection applies only to an
employee who has not attained the age of twenty (20) years. Instead of the rates prescribed by
subsections (c), (f), (g), and (h), an employer may pay an employee of the employer, during the first
ninety (90) consecutive calendar days after the employee is initially employed by the employer, a wage
which is not less than: (1) four dollars and twenty-five cents ($4.25) per hour, effective March 1, 1999;
and (2) the amount payable under the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C.
201 et seq.), during the first ninety (90) consecutive calendar days after initial employment to an
employee who has not attained twenty (20) years of age, effective July 1, 2007. However, no employer
may take any action to displace employees (including partial displacements such as reduction in hours,
wages, or employment benefits) for purposes of hiring individuals at the wage authorized in this
subsection. (k) Except as otherwise provided in this section, no employer shall employ any employee for
a work week longer than forty (40) hours unless the employee receives compensation for employment in
excess of the hours above specified at a rate not less than one and one-half (1.5) times the regular rate at
which the employee is employed. (l) For purposes of this section the following apply: (1) "Overtime
compensation" means the compensation required by subsection (k). (2) "Compensatory time" and
"compensatory time off" mean hours during which an employee is not working, which are not counted as
hours worked during the applicable work week or other work period for purposes of overtime
compensation, and for which the employee is compensated at the employee's regular rate. (3) "Regular
rate" means the rate at which an employee is employed is considered to include all remuneration for
employment paid to, or on behalf of, the employee, but is not considered to include the following: (A)
Sums paid as gifts, payments in the nature of gifts made at Christmas time or on other special occasions,
as a reward for service, the amounts of which are not measured by or dependent on hours worked,
production, or efficiency. (B) Payments made for occasional periods when no work is performed due to
vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause,
reasonable payments for traveling expenses, or other expenses, incurred by an employee in the
furtherance of the employer's interests and properly reimbursable by the employer, and other similar
payments to an employee which are not made as compensation for the employee's hours of employment.
(C) Sums paid in recognition of services performed during a given period if: (i) both the fact that
payment is to be made and the amount of the payment are determined at the sole discretion of the
employer at or near the end of the period and not pursuant to any prior contract, agreement, or promise
causing the employee to expect the payments regularly; (ii) the payments are made pursuant to a bona
fide profit sharing plan or trust or bona fide thrift or savings plan, meeting the requirements of the
administrator set forth in appropriately issued regulations, having due regard among other relevant
factors, to the extent to which the amounts paid to the employee are determined without regard to hours
of work, production, or efficiency; or (iii) the payments are talent fees paid to performers, including
announcers, on radio and television programs. (D) Contributions irrevocably made by an employer to a
trustee or third person pursuant to a bona fide plan for providing old age, retirement, life, accident, or
health insurance or similar benefits for employees. (E) Extra compensation provided by a premium rate
paid for certain hours worked by the employee in any day or work week because those hours are hours
worked in excess of eight (8) in a day or in excess of the maximum work week applicable to the
employee under subsection (k) or in excess of the employee's normal working hours or regular working
hours, as the case may be. (F) Extra compensation provided by a premium rate paid for work by the
employee on Saturdays, Sundays, holidays, or regular days of rest, or on the sixth or seventh day of the
work week, where the premium rate is not less than one and one-half (1.5) times the rate established in
good faith for like work performed in nonovertime hours on other days. (G) Extra compensation
provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or
collective bargaining agreement, for work outside of the hours established in good faith by the contract or
agreement as the basic, normal, or regular workday (not exceeding eight (8) hours) or work week (not
exceeding the maximum work week applicable to the employee under subsection (k)) where the premium
rate is not less than one and one-half (1.5) times the rate established in good faith by the contract or
agreement for like work performed during the workday or work week. (m) No employer shall be
considered to have violated subsection (k) by employing any employee for a work week in excess of that
specified in subsection (k) without paying the compensation for overtime employment prescribed therein
if the employee is so employed:(1) in pursuance of an agreement, made as a result of collective
bargaining by representatives of employees certified as bona fide by the National Labor Relations Board,
which provides that no employee shall be employed more than one thousand forty (1,040) hours during
any period of twenty-six (26) consecutive weeks; or (2) in pursuance of an agreement, made as a result of
collective bargaining by representatives of employees certified as bona fide by the National Labor
Relations Board, which provides that during a specified period of fifty-two (52) consecutive weeks the
employee shall be employed not more than two thousand two hundred forty (2,240) hours and shall be
guaranteed not less than one thousand eight hundred forty (1,840) hours (or not less than forty-six (46)
weeks at the normal number of hours worked per week, but not less than thirty (30) hours per week) and
not more than two thousand eighty (2,080) hours of employment for which the employee shall receive
compensation for all hours guaranteed or worked at rates not less than those applicable under the
agreement to the work performed and for all hours in excess of the guaranty which are also in excess of
the maximum work week applicable to the employee under subsection (k) or two thousand eighty (2,080)
in that period at rates not less than one and one-half (1.5) times the regular rate at which the employee is
employed. (n) No employer shall be considered to have violated subsection (k) by employing any
employee for a work week in excess of the maximum work week applicable to the employee under
subsection (k) if the employee is employed pursuant to a bona fide individual contract, or pursuant to an
agreement made as a result of collective bargaining by representatives of employees, if the duties of the
employee necessitate irregular hours of work, and the contract or agreement includes the following:(1)
Specifies a regular rate of pay of not less than the minimum hourly rate provided in subsections (c), (h),
and (j) (whichever is applicable) and compensation at not less than one and one-half (1.5) times that rate
for all hours worked in excess of the maximum work week. (2) Provides a weekly guaranty of pay for not
more than sixty (60) hours based on the rates so specified. (o) No employer shall be considered to have
violated subsection (k) by employing any employee for a work week in excess of the maximum work
week applicable to the employee under that subsection if, pursuant to an agreement or understanding
arrived at between the employer and the employee before performance of the work, the amount paid to
the employee for the number of hours worked by the employee in the work week in excess of the
maximum work week applicable to the employee under that subsection: (1) in the case of an employee
employed at piece rates, is computed at piece rates not less than one and one-half (1.5) times the bona
fide piece rates applicable to the same work when performed during nonovertime hours; (2) in the case of
an employee performing two (2) or more kinds of work for which different hourly or piece rates have
been established, is computed at rates not less than one and one-half (1.5) times those bona fide rates
applicable to the same work when performed during nonovertime hours; or (3) is computed at a rate not
less than one and one-half (1.5) times the rate established by the agreement or understanding as the basic
rate to be used in computing overtime compensation thereunder, provided that the rate so established
shall be substantially equivalent to the average hourly earnings of the employee, exclusive of overtime
premiums, in the particular work over a representative period of time; and if the employee's average
hourly earnings for the work week exclusive of payments described in this section are not less than the
minimum hourly rate required by applicable law, and extra overtime compensation is properly computed
and paid on other forms of additional pay required to be included in computing the regular rate. (p) Extra
compensation paid as described in this section shall be creditable toward overtime compensation payable
pursuant to this section. (q) No employer shall be considered to have violated subsection (k) by
employing any employee of a retail or service establishment for a work week in excess of the applicable
work week specified therein, if: (1) the regular rate of pay of the employee is in excess of one and one-
half (1.5) times the minimum hourly rate applicable to the employee under section 2 of this chapter; and
(2) more than half of the employee's compensation for a representative period (not less than one (1)
month) represents commissions on goods or services. In determining the proportion of compensation
representing commissions, all earnings resulting from the application of a bona fide commission rate
shall be considered commissions on goods or services without regard to whether the computed
commissions exceed the draw or guarantee. (r) No employer engaged in the operation of a hospital or an
establishment which is an institution primarily engaged in the care of the sick, the aged, or individuals
with a mental illness or defect who reside on the premises shall be considered to have violated subsection
(k) if, pursuant to an agreement or understanding arrived at between the employer and the employee
before performance of the work, a work period of fourteen (14) consecutive days is accepted in lieu of
the work week of seven (7) consecutive days for purposes of overtime computation and if, for the
employee's employment in excess of eight (8) hours in any workday and in excess of eighty (80) hours in
that fourteen (14) day period, the employee receives compensation at a rate not less than one and one-
half (1.5) times the regular rate at which the employee is employed. (s) No employer shall employ any
employee in domestic service in one (1) or more households for a work week longer than forty (40) hours
unless the employee receives compensation for that employment in accordance with subsection (k). (t) In
the case of an employee of an employer engaged in the business of operating a street, a suburban or
interurban electric railway, or a local trolley or motorbus carrier (regardless of whether or not the railway
or carrier is public or private or operated for profit or not for profit), in determining the hours of
employment of such an employee to which the rate prescribed by subsection (k) applies, there shall be
excluded the hours the employee was employed in charter activities by the employer if both of the
following apply: (1) The employee's employment in the charter activities was pursuant to an agreement
or understanding with the employer arrived at before engaging in that employment. (2) If employment in
the charter activities is not part of the employee's regular employment. (u) Any employer may employ
any employee for a period or periods of not more than ten (10) hours in the aggregate in any work week
in excess of the maximum work week specified in subsection (k) without paying the compensation for
overtime employment prescribed in subsection (k), if during that period or periods the employee is
receiving remedial education that: (1) is provided to employees who lack a high school diploma or
educational attainment at the eighth grade level; (2) is designed to provide reading and other basic skills
at an eighth grade level or below; and (3) does not include job specific training. (v) Subsection (k) does
not apply to an employee of a motion picture theater. (w) Subsection (k) does not apply to an employee
of a seasonal amusement or recreational establishment, an organized camp, or a religious or nonprofit
educational conference center that is exempt under the federal Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 213).

5-16-7-1. (a) Any firm, individual, partnership, limited liability company, or corporation that is awarded
a contract by the state, a political subdivision, or a municipal corporation for the construction of a public
work, and any subcontractor of the construction, shall pay for each class of work described in subsection
(c)(1) on the project a scale of wages that may not be less than the common construction wage.
(http://www.in.gov/labor/wagehour/constructionwage.html)

22-2-14 1. (a) Except as provided in subsection (b), this chapter applies to all covered vendors. (b)
Covered vendors entering into the following types of service contracts and service subcontracts are
exempt from this chapter: (1) A construction contract awarded by the state that is subject to the common
construction wage (as defined in IC 5-16-7-4(1)). (2) A contract awarded to work-study or cooperative
educational programs, if the contract is for a stipend to a student in the program. (3) A contract awarded
by the department of correction, if contracted employees are inmates of institutions. (4) A contract
awarded by the department of education, if contracted employees are paid a stipend for: (A) proctoring;
(B) grading: (C) supervising; or (D) recording; examinations. (5) Contracts awarded to vendors that
provide: (A) services to the state; and (B) a stipend or wage to trainees as part of a job training program,
if the trainees do not replace current state funded positions (c) The prospective covered vendor seeking
an exemption under subsection (b) must submit an affidavit to the department and to the contracting
agency that: (1) is on a form approved by the department and provided by the contracting agency; (2) is
signed by a principal officer of the prospective covered vendor; and (3) states that at least one (1) of the
exemptions in subsection (b) applies to the prospective covered vendor; in order for a prospective
covered vendor to be considered for the granting of an exemption by the department from the
requirements of this chapter. (d) The department may grant general exemptions if the application of this
chapter to a particular service contract or subcontract would violate a specific state or federal statute,
rule, regulation, or constitutional provision. All requests submitted by a prospective covered vendor for a
general exemption must include the following: (1) The service contract or subcontract to which this
chapter would otherwise apply. (2) The conflicting statutory, regulatory, or constitutional provision that
makes compliance with this chapter unlawful, and a copy of each provision. (3) An explanation of: (A)
why compliance with this chapter would violate the cited provision; and (B) the consequences that would
result if the violation would occur. A general exemption request shall be submitted directly to the
department, and a copy of the request shall be submitted to the contracting agency. (e) A contracting
agency shall monitor and, when considered necessary, recommend to the department individual or group
exemptions in cases where compliance with this chapter would cause undue economic hardship to a
covered vendor or prospective covered vendor. An exemption under this subsection is subject to the
department's approval after a public hearing in compliance with IC 5-14-1.5 on the exemption
recommendation has been held. A hardship exemption recommendation must include the following: (1)
The service contract or service subcontract to which this chapter applies. (2) The lower wage to be paid
by the covered vendor. (3) A detailed explanation of how the payment of a living wage would cause
undue economic hardship to the covered vendor. The explanation must include supporting financial
statements. (f) The department shall determine whether an exemption from the requirements of this
chapter shall be granted upon submission of: (1) an affidavit from a prospective vendor as set forth in
subsection (c); (2) a general exemption request from a prospective vendor as set forth in subsection (d);
or (3) a recommendation from the contracting department after a public hearing on the exemption
recommendation has been held, in accordance with subsection (e); and shall inform the covered vendor
or prospective covered vendor of the department's determination. Sec. 3. A contracting agency engaged
in the awarding of contracts shall provide an explanation in writing, in a form prepared by the
department, of the requirements of this chapter in all requests for bids for service contracts with the state.
A person who signs a service contract with the state shall forward a copy of the requirements to a person
submitting a bid for a subcontract on the service contract. Sec. 4. (a) A covered vendor shall pay not less
than the living wage to covered employees. (b) The living wage shall be: (1) calculated on an hourly
basis; and (2) after June 30, 2008, at least nine dollars and ninety-three cents ($9.93). Before July 1 of
each year after 2008, the department shall recalculate the living wage according to subsection (c). (c) The
department shall recalculate the living wage before July 1 of each year after 2008 to provide that the
living wage equals the highest of the following: (1) The hourly rate that, at forty (40) hours of work a
week for fifty-two (52) weeks a year, would equal the federal income poverty level for a family of four
(4) individuals. (2) The living wage in effect before the recalculation under this subsection, adjusted in
proportion to the increase, as of the immediately preceding December 31 over the year earlier level, of
the annual average Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor
Statistics of the United States Department of Labor. (3) Adjustment to one hundred ten percent (110%) of
the federal minimum wage in effect at the time of the recalculation under this subsection. Sec. 5. A
covered vendor has the following duties: (1) With respect to maintenance of payroll records, a covered
vendor shall maintain payrolls of each covered employee and related basic records for three (3) years.
The basic records must include: (A) the name and address of each covered employee ; (B) each covered
employee's job title and classification; (C) the number of hours worked each day by each covered
employee; (D) each covered employee's: (i) gross wages; (ii) deductions made; and (iii) actual wages
paid; (E) a record of fringe benefit payments, including: (i) contributions to approved plans, funds, or
programs; (ii) additional cash payments; or (iii) both amounts under items (i) and (ii); and (F) any other
data that may be required by the contracting agency from time to time.(2) With respect to examination of
payrolls, a covered vendor shall permit a representative of the department to:(A) observe work being
performed upon the work site; (B) interview employees, including those who are not covered employees;
and (C) examine the books and records relating to the payrolls being investigated. (3) Before July 31 of
each year, a covered vendor shall provide an annual report to the department of the employment activities
of the covered vendor, including the job positions charged to the contract and the wage ranges of those
positions. (4) A covered vendor shall inform its covered employees earning an amount as determined by
the department of their rights in applying for and potentially receiving the federal earned income tax
credit. The department shall assist covered vendors with implementation of this section. Sec. 6. A service
contract or service subcontract between a contracting agency and the covered vendor must include the
following: (1) The name of the program or project under which the contract or subcontract is being
awarded. (2) The name, address, and phone number of a local contact representing the covered vendor.
(3) A written commitment by a representative of the covered vendor to: (A) pay all covered employees
not less than the living wage, subject to adjustment each July 1; and (B) comply with this chapter. (4) A
workforce profile of covered employees paid for by the service contract or subcontract, including the
employees' job titles with wage ranges. (5) For service contracts, a list of all service subcontracts either
awarded or that will be awarded to vendors with funds from the service contract. A covered vendor
awarded a service contract shall notify the contracting agency within three (3) working days after signing
the service subcontract.

5-16-7-1 Sec. 1. (a) Any firm, individual, partnership, limited liability company, or corporation that is
awarded a contract by the state, a political subdivision, or a municipal corporation for the construction of
a public work, and any subcontractor of the construction, shall pay for each class of work described in
subsection (c)(1) on the project a scale of wages that may not be less than the common construction
wage. (b) For the purpose of ascertaining what the common construction wage is in the county, the
awarding governmental agency, before advertising for the contract, shall set up a committee of five (5)
persons as follows: (1) One (1) person representing labor, to be named by the president of the state
federation of labor. (2) One (1) person representing industry, to be named by the awarding agency. (3) A
third member to be named by the state president of the Associated Builders and Contractors. (4) One (1)
taxpayer who pays the tax that will be the funding source for the project and resides in the county where
the project is located. The owner of the project shall make the appointment under this subdivision. (5)
One (1) taxpayer who pays the tax that will be the funding source for the project and resides in the
county where the project is located. The legislative body (as defined in IC 36-1-2-9) for the county where
the project is located shall make the appointment under this subdivision.
(c) As soon as appointed, the committee shall meet in the county where the project is located and
determine in writing the following: (1) A classification of the labor to be employed in the performance of
the contract for the project, divided into the following three (3) classes: (A) Skilled labor. (B)
Semiskilled labor. (C) Unskilled labor. (2) The wage per hour to be paid each of the classes. The
committee is not required to consider information not presented to the committee at the meeting. IC 5-14-
1.5 (open door law) applies to a meeting of the committee. (d) The rate of wages determined by the
committee under subsection (c) applies to any contract for which the awarding government agency lets
not later than three (3) months after the date the committee determines the rate of wages. The committee
shall establish wages for all classifications of work that may be employed on projects subject to contracts
let by the awarding agency for three (3) months after the date the committee determines the rate of
wages. If an awarding agency advertises for a contract that includes classifications that are not listed on
the existing wage scale, the awarding agency shall form a new committee under subsection (b) to
determine the classifications and wages on the contract. (e) If the awarding government agency lets for a
contract later than three (3) months after the committee determines the rate of wages, the awarding
government agency shall form a new committee under subsection (b) to determine a rate of wages for the
contract. The rate of wages determined under this subsection applies to any contract for which the
awarding government agency lets not later than three (3) months after the rate of wages is determined
under this subsection. (f) The rate of wages determined under subsection (c) shall not be less than the
common construction wage for each of the three (3) classes of wages described in subsection (c) that are
currently being paid in the county where the project is located. (g) This chapter does not apply to
contracts let by the Indiana department of transportation for the construction of highways, streets, and
bridges. IC 8-23-9 applies to state highway projects. (h) A determination under subsection (c) shall be
made and filed with the awarding agency at least two (2) weeks prior to the date fixed for the letting, and
a copy of the determination shall be furnished upon request to any person desiring to bid on the contract.
The schedule is open to the inspection of the public. (i) If the committee appointed under subsection (b)
fails to act and to file a determination under subsection (c) at or before the time required under subsection
(h), the awarding agency shall make the determination, and its finding shall be final. (j) It shall be a
condition of a contract awarded under this chapter that the successful bidder and all subcontractors shall
comply strictly with the determination made under this section. (k) This chapter does not apply to public
projects in Indiana that would otherwise be subject to this chapter that are to be paid for in whole or in
part with funds granted by the federal government, unless the department of the federal government
making the grant consents in writing that this chapter is applicable to the project. (l) Notwithstanding any
other law, this chapter applies to projects that will be: (1) owned entirely; or (2) leased with an option to
purchase; by the state or a political subdivision (as defined in IC 36-1-2-13). (m) Notwithstanding any
other law, this chapter does not apply to projects in which the actual construction costs are less than the
following: (1) For contracts awarded after December 31, 2011, and before January 1, 2013, two hundred
fifty thousand dollars ($250,000). (2) For contracts awarded after December 31, 2012, three hundred fifty
thousand dollars ($350,000).

5-16-7-4 Sec. 4. The following definitions apply throughout this chapter: (1) "Common construction
wage" means a scale of wages for each class of work described in section 1(c)(1) of this chapter that is
not less than the common construction wage of all construction wages being paid in the county where a
project is located, as determined by the committee described in section 1(b) of this chapter after having
considered the following: (A) Any reports with respect to wage scales submitted by the Indiana State
Building and Construction Trades Council. (B) Any reports with respect to wage scales submitted by the
Associated Builders and Contractors of Indiana. (C) Any other information submitted by any person to
the committee established under section 1(b) of this chapter. (2) "State" " includes any officer, board,
commission, or other agency authorized by law to award contracts for the performance of public work on
behalf of the state, except as otherwise provided in this chapter. (3) "Municipal corporation" includes any
county, city, town, or school corporation, or any officer, board, commission, or other agency authorized
       by law to award contracts for the performance of public work on behalf of a municipal corporation. The
       term also includes a redevelopment commission established under IC 36-7-14-3. (4) "Public work"
       includes any public building, highway, street, alley, bridge, sewer, drain, improvement, or any other
       work of any nature or character that is paid for out of public funds, except as otherwise provided in this
       chapter.

       5-16-7-6 Sec. 6. (a) A public work project may not be artificially divided into two (2) or more projects to
       avoid the application of this chapter. (b) A bidder, quoter, or other person who is a party to a public work
       contract who knowingly violates this section commits a Class A infraction and may not be a party to, or
       benefit from, a public work contract for two (2) years after the date of the adjudication. (c) An officer or
       employee of the state or a municipal corporation who knowingly violates this section commits a Class A
       infraction.

       1216.1.4. (a) As used in this SECTION, "legislative council" refers to the legislative council established
       by IC 2-5-1.1-1. (b) As used in this SECTION, "public works statute" refers to any of the following: (1)
       IC 4-13.6. (2) IC 5-16. (3) IC 8-10-1. (4) IC 8-23-9. (5) IC 36-1-12. (c) As used in this SECTION,
       "study committee" means either of the following: (1) A statutory committee established under IC 2-5. (2)
       An interim study committee. (d) The legislative council is urged to assign the following topics to a study
       committee during the 2011 legislative interim: (1) The use of an agreement with a labor organization on
       public works projects covered by a public works statute. (2) Job classifications used in a common
       construction wage determination. (e) If a topic described in subsection (d) is assigned to a study
       committee, the study committee shall determine whether legislation should be enacted to address the
       topic and, if so, the study committee shall recommend proposed legislation. (f) This SECTION expires
       December 31, 2011.

       [Editors Note] The current living wage rate for the City of Bloomington is $10.00 per hour, of which up
       to 15 percent may be in the form of health benefits.
Iowa   91D.1 1. a. The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of January 1,
       2008. b. Every employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to
       January 1, 2007, shall pay to each of the employer's employees, as defined in the federal Fair Labor
       Standards Act of 1938, as amended to January 1, 2007, the state hourly wage stated in paragraph "a", or
       the current federal minimum wage, pursuant to 29 U.S.C.} 206, as amended, whichever is greater. d. An
       employer is not required to pay an employee the applicable state hourly wage provided in paragraph "a"
       until the employee has completed ninety calendar days of employment with the employer. An employee
       who has completed ninety calendar days of employment with the employer prior to April 1 2007, or
       January 1, 2008, shall earn the applicable state hourly minimum wage as of that date. An employer shall
       pay an employee who has not completed ninety calendar days of employment with the employer an
       hourly wage of at least $5.30 as of April 1, 2007, and $6.35 as of January 1,2008. Sec. 2. LABOR
       COMMISSIONER DIRECTIVE. If the commissioner finds that an employer, as defined in the federal
       Fair Labor Standards Act of 1938, as amended to January 1, 2007, has failed to comply with the
       provisions of this Act prior to July 1, 2007, the commissioner shall enforce the provisions of this Act
       pursuant to chapter 91A, but shall not impose liquidated damages.

       215.2(1) - 215.2(4) The wage rate requirement in rule 215.1(91D) does not apply until the employee has
       completed 90 calendar days of employment with the employer. The 90-day calendar period is counted
       from the employee's initial day of work. The employer shall pay to each employee who has not
       completed 90 calendar days of employment at least the following effective wage rates: Effective January
       1, 1990, the state minimum initial employment wage rate shall be $3.35 per hour; effective January 1,
       1991, the state minimum initial employment wage rate shall be $3.85 per hour; and effective January 1,
       1992, the state minimum initial employment wage rate shall be $4.25 per hour. 215.2(2) If the state
       minimum initial employment wage rate changes during the 90-calendar-day period, the employer shall
       pay the new effective rate. ) If, after less than 90 calendar days from the initial day of work, the
       employee's employment is terminated and the employee is rehired by the same employer within three
       years of the initial hiring, the initial employment wage rate in effect at rehiring may be paid until the 90-
       calendar-day employment period is reached. If, after 90 calendar days from the initial day of work, the
       employee' employment is terminated and the employee is rehired in less than three years from the last
       date of employment, the employee shall not be employed at the initial employment wage rate. The rates
       specified in 215.1(2) shall apply as the minimum wage rate

       216.30(1) With respect to persons employed as learners, apprentices, messengers or full-time students
       employed outside of their school hours in any retail or service establishment, in agriculture, or in
       institutions of higher education, or persons with a disability employed at special minimum hourly rates
       under special certificates pursuant to the federal Fair Labor Standards Act, 29 U.S.C. 214, employers
       shall maintain and preserve records containing the same information and data required with respect to
       other employees employed in the same occupations.
         217.36(1) This chapter applies only to the applicable minimum wage for all hours worked. Any
         deduction indicated in this chapter as being permitted must meet the requirements of Iowa Code section
         91A.5. To illustrate, where an employee works 40 hours a week at a cash wage rate of $3.85 an hour and
         is paid $154 in cash free and clear at the end of the workweek, and in addition is furnished facilities
         valued at $10, no consideration need be given to the question of whether the facilities meet the
         requirements, since the employee has received in cash the applicable minimum wage of $3.85 an hour for
         all hours worked. Similarly, where an employee is employed at a rate of $5 an hour and during a
         particular workweek works 40 hours for which cash payment of $200 is made, the employer having
         deducted $30 from wages for facilities furnished, whether the deduction meets the requirement of this
         chapter need not be considered, since the employee is still receiving, after the deduction has been made, a
         cash wage in excess of the required minimum hourly wage.

         217.50(1) In determining the wage of a tipped employee, the amount paid to a tipped employee by the
         employer shall be deemed to be increased on account of tips by an amount determined by the employer,
         but not by an amount in excess of 40 percent of the applicable minimum wage rate, except that in the
         case of an employee who (either personally or acting through a representative) shows to the satisfaction
         of the commissioner that the actual amount of tips received was less than the amount determined by the
         employer as the amount by which the wage paid the employee was deemed to be increased under this
         sentence, the amount paid the employee by the employer shall be deemed to have been increased by the
         lesser amount. "Tipped employee" means any employee engaged in an occupation in which the employee
         customarily and regularly receives more than $30 a month in tips.

         a. (1) The state hourly wage shall be at least $6.20 as of April 1, 2007, and $7.25 as of January 1, 2008.
         No later than September 30, 2008, and each September 30 thereafter, the labor commissioner shall
         calculate an adjustment of the wage amount specified in subparagraph (1) based upon the increase, from
         August of the preceding year to consumers for all items as prepared by the bureau of labor statistics of
         the United States department of labor or its successor. The wage amount established under this
         subparagraph shall be rounded to the nearest five cents and shall take effect as the state minimum hourly
         wage rate, replacing the amount specified in subparagraph (1), on of the following year. b.Every
         employer, as defined in the federal Fair Labor Standards Act of 1938, as amended to January 1, 2007,
         shall pay to each of the employer's employees, as defined in the federal Fair Labor Standards Act of
         1938, as amended to January 1, 2007, the state hourly wage stated in paragraph "a", or the current federal
         minimum wage, pursuant to 29 U.S.C. } 206, as amended, whichever is greater. Sec. 2. Section 91D.1,
         subsection 1, paragraph d, Code 30 2007, is amended by striking the paragraph. Sec. 3. EFFECTIVE
         DATE. This Act, being deemed of immediate importance, takes effect upon enactment.
Kansas   44-1203 (a) Except as otherwise provided in the minimum wage and maximum hours law, every
         employer shall pay to each employee wages at a rate of not less than $2.65 an hour. as follows: (1) Prior
         to September 1, 2009, employee wages shall be paid at a rate of not less than $2.65 an hour; and (2) on
         and after September 1, 2009, employee wages shall be paid at a rate of not less than $7.25 an hour, and
         on and after January 1, 2010, employee wages shall be paid at a rate of not less than $7.25 an hour. (b) In
         calculating such minimum wage rate, an employer may include tips and gratuities received by an
         employee in an amount equal to not more than 40% of the minimum wage rate if such tips and gratuities
         have customarily constituted part of the remuneration of the employee and if the employee concerned
         actually received and retained such tips and gratuities. The secretary shall require each employer desiring
         approval of an allowance for gratuities to provide substantial evidence of the amounts of such gratuities
         on account of which the employer has taken an allowance pursuant to this section. (b) (c) The provisions
         of this section shall not apply to any employers and employees who are covered under the provisions of
         section 6 of the fair labor standards act of 1938 as amended (29 U.S.C.A. § 206), and as amended by the
         fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto.

         44-1211 (a) On and after January 1, 1978, any employer who pays an employee less than the wages and
         overtime compensation to which such employee is entitled, under or by virtue of K.S.A. 44-1201 to 44-
         1213, inclusive, and amendments thereto, shall be liable to such employee affected for the full triple the
         amount of such wages and overtime compensation, less any amount actually paid to such employee by
         the employer, and for costs and such reasonable attorney fees as may be allowed by the court in an action
         for the recovery of such wages and overtime compensation. Any agreement between such employee and
         the employer
         to work for less than the applicable wage rate shall be no defense to such action. Such action may be
         maintained in any court of competent jurisdiction by any one or more employees for and in behalf of
         such employee or employees. (b) On and after January 1, 1978 July 1, 2009, at the written request of any
         employee who has been paid less than the amount to which he or
         she such employee is entitled under the provisions of this act, the secretary may take an assignment of
         such wage claim in trust for the assigning employee and may bring any legal action necessary to collect
         such claim, and the employer shall be required to pay the costs and such reasonable attorneys’ fees as
         may be allowed by the court. The secretary in case of
         suit shall have power to join various claimants against the same employer
         in one action.
            49-31-5. a) Tips and gratuities received by an employee shall amount to twenty (20) dollars or more per
            month before such tips and gratuities customarily constitute part of the remuneration of such employee.
            The employer shall have the burden of proof, through substantial evidence, that the allowances taken for
            tips and gratuities are factual. The employer shall have the right to require the employee to certify a
            factual accounting of all tips and gratuities received by the employee. (b) Employers may make written
            application to the secretary of human resources for permits to employ handicapped workers, patient
            laborers at state institutions or hospitals, at a wage rate not lower than eighty-five (85) percent of the
            minimum wage rate herein required. No reduced wage shall be paid unless and until the employer has
            such permit from the secretary. Each permit shall expire one (1) year after it is issued. The following
            organizations may apply to the secretary of human resources for a blanket permit which allows the
            employment of handicapped persons at a reduced rate: state vocational rehabilitation agencies, state
            institutions and hospitals, and county or city hospitals. Any such application shall certify that no person
            will be so employed, unless it is approved and ordered by a staff doctor of the institution or hospital. A
            handicapped person may be employed beyond one (1) year at the reduced rate when a reevaluation by
            such agency, institution or hospital, determines that continued reduced wage rate is warranted. (c)
            Employers may make written application to the secretary of human resources for permits to employ
            learners and apprentices at wages lower than the minimum wage. These learners and apprentices shall
            not be a part of a formalized apprenticeship program approved by the Kansas apprenticeship council or
            the bureau of apprenticeship and training. Permits may be obtained as follows:

            68-2317 (a) Contracts entered into by the secretary of transportation for nonfederal aid state-funded
            projects shall be based on bid specifications prescribing that employees of any contractor or
            subcontractor shall be paid in accordance with prevailing wages determined in accordance with wage
            areas, job classifications and wage rates determined under the federal Davis-Bacon act. (b) Employees
            employed by contractors or subcontractors in the execution of nonfederal aid state-funded highway
            project contracts with the state of Kansas entered into by the secretary of transportation shall be paid at
            least the prevailing wage as determined in subsection (a).
Kentucky    337.275 (1) Except as may otherwise be provided by this chapter, every employer shall pay to each of his
            employees wages at a rate of not less than five dollars and eighty-five cents ($5.85) an hour beginning on
            the effective date of this Act, not less than six dollars and fifty-five cents ($6.55) an hour beginning July
            1, 2008, and not less than seven dollars and twenty-five cents ($7.25) an hour beginning July 1, 2009. If
            the federal minimum hourly wage as prescribed by 29 U.S.C. sec. 206(a)(1) is increased in excess of the
            minimum hourly wage in effect under this subsection, the minimum hourly wage under this subsection
            shall be increased to the same amount, effective on the same date as the federal minimum hourly wage
            rate. If the state minimum hourly wage is increased to the federal minimum hourly wage, it shall include
            only the federal minimum hourly rate prescribed in 29 U.S.C. sec. 206(a)(1) and shall not include other
            wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In
            addition, the increase to the federal minimum hourly wage rate does not extend or modify the scope or
            coverage of the minimum wage rate required under this chapter. (2) Notwithstanding the provisions of
            subsection (1) of this section, for any employee engaged in an occupation in which he customarily and
            regularly receives more than thirty dollars ($30) per month in tips from patrons or others, the employer
            may pay as a minimum not less than the hourly wage rate required to be paid a tipped employee under
            the federal minimum hourly wage law as prescribed by 29 U.S.C. sec. 203. The employer shall establish
            by his records that for each week where credit is taken, when adding tips received to wages paid, not less
            than the minimum rate prescribed in 29 U.S.C. sec. 203 was received by the employee. No employer
            shall use all or part of any tips or gratuities received by employees toward the payment of the statutory
            minimum hourly wage as required by 29 U.S.C. sec. 203. Nothing, however, shall prevent employees
            from entering into an agreement to divide tips or gratuities among themselves.

            337.010 Any individual classified and given a certificate by the commissioner showing a status of
            learner, apprentice, worker with a disability, sheltered workshop employee, and student under
            administrative procedures and administrative regulations prescribed and promulgated by the
            commissioner. This certificate shall authorize employment at the wages, less than the established fixed
            minimum fair wage rates, and for the period of time fixed by the commissioner and stated in the
            certificate issued to the person.

            337.530 Where a prevailing rate of wages has been determined and prescribed, the contract executed
            between a public authority and the successful bidder or contractor shall contain a provision requiring the
            successful bidder and all of his subcontractors to pay not less than the rate of wages so established. The
            successful bidder or contractor and all subcontractors shall strictly comply with these provisions of the
            contract. (http://www.labor.ky.gov/esat/pwage.htm)
Louisiana   23:642. Pursuant to the police powers ultimately reserved to the state by Article VI, Section 9 of the
            Constitution of Louisiana, no local governmental subdivision shall establish a minimum wage rate which
            a private employer would be required to pay employees. Employers covered by the FLSA will be required
            to pay employees in accordance with the federal minimum wage rate of $7.25 per hour.
Maine      663 Service employee. "Service employee" means any employee engaged in an occupation , such as
           waiters, waitresses, bellhops, counter personnel and bartenders who serve customers, in which the
           employee customarily and regularly receives more than $30 a month in tips. 2. Tip credit. An employer
           may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50%
           of the minimum hourly wage established in this section. An employer who elects to use the tip credit
           must inform the affected employee in advance and must be able to show that the employee receives at
           least the minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory
           showing by the employee or the employee's representative that the actual tips received were less than the
           tip credit, the employer shall increase the direct wages by the difference.

           664 1. The minimum hourly wage is $6.50 per hour. Starting October 1, 2006, the minimum hourly wage
           is $6.75 per hour. Starting October 1, 2007, the minimum hourly wage is $7.00 per hour. Starting
           October 1, 2008, the minimum hourly wage is $7.25 per hour. Starting October 1, 2009, the minimum
           hourly wage is $7.50 per hour. On September 30, 2009, and on September 30th of each year thereafter,
           the Department of Labor shall calculate an adjusted minimum wage rate to maintain employee
           purchasing power. The adjusted minimum wage must be calculated to the nearest cent using the
           Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W, or a successor index, for
           the 12 months prior to each September 1st, as calculated by the United States Department of Labor. Each
           adjusted minimum wage rate so calculated takes effect January 1st of the following year. If the highest
           federal minimum wage is increased in excess of the minimum wage in effect under this section, the
           minimum wage under this section is increased to the same amount, effective on the same date as the
           increase in the federal minimum wage, but in no case may the minimum wage exceed the minimum wage
           otherwise in effect under this section by more than $1 per hour . 2. Tip credit. An employer may
           consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50% of the
           minimum hourly wage established in this section. An employer who elects to use the tip credit must
           inform the affected employee in advance and must be able to show that the employee receives at least the
           minimum hourly wage when direct wages and the tip credit are combined. Upon a satisfactory showing
           by the employee or the employee's representative that the actual tips received were less than the tip
           credit, the employer shall increase the direct wages by the difference.

           666. For any employment in which the minimum wage is applicable, the director may issue to any person
           physically handicapped by age, or otherwise, a special certificate authorizing the employment of such
           person for a period not to exceed one year at a wage less than the minimum wage established by this
           subchapter. The director may hold such hearings and conduct such investigations as he shall deem
           necessary for the purpose of fixing the special minimum wage for the licensee. Such license may be
           renewed from time to time by the director.

           667. For any occupation within the scope of this subchapter, the director may cause to be issued to an
           employer of any learner, or of an employee under an approved apprentice training program, a special
           certificate authorizing employment at such wages, less than the minimum wage established by this
           subchapter, and for such period of time as shall be fixed by the director and stated in the certificate. The
           director may hold such hearings and conduct such investigations as he shall deem necessary before fixing
           a special wage for such apprentice or learner.

           1306. The public authority shall, before advertising for bids for a public contract, ascertain from the
           Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the
           successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A
           schedule of minimum wages and benefits must be attached to and made a part of the specifications for
           the construction and must be included in the bidding documents. The "fair minimum rate of wages and
           benefits," for the intent and purposes of sections 1304 to 1313, is the prevailing wage and benefits paid in
           the locality in like construction. The director or a delegated member of that bureau shall assemble the
           data as to wages paid by contractors employing 5 or more construction workers in the State during the
           2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for
           the following calendar year must be determined by the director. Minimum wages and benefits may not be
           established for any trade or occupation if fewer than 10 workers are employed in such a trade or
           occupation in the State in the 2nd and 3rd week of September.
           (http://www.state.me.us/labor/bls/wagerateconst.htm)
Maryland   1-101. (a) In this article the following words have the meanings indicated. (b) "County" means a county
           of the State and, unless expressly provided otherwise, Baltimore City. (c) "Governmental unit" means:
           (1) the State; (2) a county, municipal corporation, or other political subdivision of the State; or (3) a unit
           of the State government or of a political subdivision.
           3-413. Except as provided in § 3-414 of this subtitle, each employer shall pay: (1) to each employee who
           is subject to both the federal Act and this subtitle, at least the minimum wage for that employee under the
           federal Act; and (2) each other employee who is subject to this subtitle, at least: (i) the highest minimum
           wage under the federal Act; or (ii) a training wage under regulations that the Commissioner adopts that
           include the conditions and limitations authorized under the federal Fair Labor Standards Amendments of
                1989.

                3-414. (A) IN THIS SECTION, "EMPLOYER" INCLUDES A GOVERNMENTAL UNIT. (B) Except
                as provided in § 3-414 of this subtitle, each employer shall pay: (1) to each employee who is subject to
                both the federal Act and this subtitle, at least THE GREATER OF the greater of: (I) (i) the minimum
                wage for that employee under the federal Act; OR (II) A WAGE THAT EQUALS A RATE OF $7.25
                PER HOUR or (ii) a wage that equals a rate of $7.25 per hour; and (2) each other employee who is
                subject to this subtitle, at least: (I) THE GREATER OF: (i) the greater of; [(i)] 1. the highest minimum
                wage under the federal Act; or 2. A WAGE THAT EQUALS A RATE OF $7.25 PER HOUR; OR a
                wage that equals a rate of $7.25 per hour; or (ii) a training wage under regulations that the Commissioner
                adopts that include the conditions and limitations authorized under the federal Fair Labor Standards
                Amendments of 1989.

                3-419. (a) (1) This section applies to each employee who: (i) is engaged in an occupation in which the
                employee customarily and regularly receives more than $30 each month in tips; (ii) has been informed by
                the employer about the provisions of this section; and (iii) has kept all of the tips that the employee
                received. (2) Notwithstanding paragraph (1)(iii) of this subsection, this section does not prohibit the
                pooling of tips. (b) Subject to the limitations in this section, an employer may include, as part of the wage
                of an employee to whom this section applies: (1) an amount that the employer sets to represent the tips of
                the employee; or (2) if the employee or representative of the employee satisfies the Commissioner that
                the employee received a lesser amount in tips, the lesser amount. (c) The tip credit amount that the
                employer may include under subsection (b) of this section may not exceed [$2.77] 50% OF THE
                MINIMUM WAGE.

                17-208. (1) For each public work to which this subtitle applies, the Commissioner shall determine the
                prevailing wage rate for each classification of worker engaged in work of the same or a similar character.
                (1) Except as provided in subsection (c) of this section, the prevailing wage rate for straight time for a
                worker is the rate paid: (i) in the locality; (ii) on projects similar to the proposed public work; (iii) for
                work of the same or a similar character as that to be performed on the public work; and (iv) to 50% or
                more of the workers in the worker's occupational classification. (2) The prevailing wage rate for overtime
                for a worker shall be at least time and a half the prevailing wage rate for straight time for that worker. (c)
                (1) If fewer than 50% of the workers in the locality working in the same classification receive the same
                wage rate: (i) the prevailing wage rate shall be the rate paid to at least 40% of those workers; or (ii) if
                fewer than 40% receive the same wage rate, the rate shall be a weighted average rate obtained by: 1.
                adding the products obtained by multiplying each hourly rate paid to workers in the classification by the
                number of workers receiving that rate; and 2. dividing that sum by the total number of workers in the
                classification. (http://www.dllr.state.md.us/labor/prev.html)

                [Editor’s Note:] Effective January 17, 2006 H.B. 391 was passed which requires employers to pay the
                greater of the federal minimum wage or a wage that equals a rate of $6.15 per hour to employees subject
                to federal or State minimum wage requirements. The bill also alters the tip credit that employers can
                apply against the direct wages paid to employees classified as tipped employees. The tip credit is equal to
                50% of the higher of the federal or State minimum wage. As a result, employers are required to pay
                tipped employees a wage rate that equals $3.08 per hour. The Bill is in effect 30 days from January 17,
                2006.

                [Editor’s Note:] Effective September 27, 2010, Maryland living wage rates will be $12.28 per hour in
                Tier 1 areas, and $9.23 per hour in Tier 2 areas, depending on the location where the services are
                performed or on the location benefiting from the work. Current rates are $12.25 per hour in Tier 1 areas,
                and $9.21 per hour in Tier 2 areas. Maryland's living wage law requires contractors and subcontractors
                to pay a living wage to employees performing work on certain state service contracts in excess of
                $100,000, with certain exemptions. The law divides the state into two “tiers.” “Tier 1 area” includes
                Montgomery County, Prince George's County, Howard County, Anne Arundel County, Baltimore
                County, and Baltimore City. “Tier 2 area” includes any county in the state not included in the Tier 1 area.

                 [Editors Note:] Effective July 1, 2007 the living wage rate for Montgomery County is set at $11.95 per
                hour.

                 [Editor’s Note:] Effective October 1, 2007, under the statewide law, employers with government
                contracts are required to pay employees a wage of $11.30 an hour for state work done in Prince George's,
                Montgomery, Howard, Anne Arundel and Baltimore counties and the City of Baltimore. Employers in all
                other counties are required to pay a rate of $8.50 per hour.
Massachusetts   151.1. It is hereby declared to be against public policy for any employer to employ any person in an
                occupation in this commonwealth at an oppressive and unreasonable wage as defined in section two, and
                any contract, agreement or understanding for or in relation to such employment shall be null and void. A
                wage of less than $8.00 per hour, in any occupation, as defined in this chapter, shall conclusively be
presumed to be oppressive and unreasonable, wherever the term ""minimum wage'' is used in this
chapter, unless the commissioner has expressly approved or shall expressly approve the establishment
and payment of a lesser wage under the provisions of sections seven and nine. Notwithstanding the
provisions of this section, in no case shall the minimum wage rate be less than $.10 higher than the
effective federal minimum rate.

151. 2A . It is hereby declared to be against public policy for any employer to employ any person in
agriculture and farming in this commonwealth at an oppressive and unreasonable wage and any contract,
agreement or understanding for or in relation to such employment shall be null and void. A wage of less
than one dollar and sixty cents per hour in agriculture and farming shall be conclusively presumed to be
oppressive and unreasonable, wherever the term ""minimum wage'' is used in this chapter, except when
such wage is paid to a child seventeen years of age or under, or to a parent, spouse, child or other
member of the employer's immediate family. The cost of board, lodging or other facilities shall not be
included as a part of the wage paid to any employee to the extent it is excluded therefrom; provided,
however, that the commissioner may determine the fair value of such board, lodging or other facilities for
defined classes of employees and in defined areas, based on average cost to the employer or to groups of
employers similarly situated, or average value to groups of employees, or other appropriate measures of
fair value. Such evaluations, where applicable and pertinent, shall be used in lieu of actual measure of
cost in determining the wage paid to any employee.

151.7 The commissioner may establish a suitable scale of rates for learners and apprentices in any
occupation or occupations, which scale of learners' and apprentices' rates may be less than the regular
minimum fair wage rates established for experienced persons in such occupation or occupations,
provided that in a retail, merchandising or laundry establishment such scale of learners' and apprentices,
rates shall apply only to the first eighty hours during which such learner or apprentice is employed. The
commissioner shall not establish minimum fair wage rates below $1.85 per hour, except for learners and
apprentices, and except for ushers, ticket sellers and ticket takers whose minimum fair wage rates shall
not be below $1.25, and except for janitors and caretakers of residential property, who, when furnished
with living quarters, shall be paid a wage of not less than $36 per week, and except for services as golf
caddies, and except for service people who customarily and regularly receive more than $20 a month in
tips.

455- 2.02. The minimum wage rate for a tipped employee may be comprised of both: (a) the service rate
paid by the employer; and (b) tips actually received and retained by the employee. The sum of the service
rate and the tips received by the employee must equal or exceed the basic minimum wage. The service
rate shall be not less than $2.63 per hour. An employer may pay the service rate to the employee only
if:1. the employer has informed such employee of the provisions of the third paragraph of M.G.L. c. 151,
§7; 2. the employee actually received tips in an amount which, when added to the service rate, equals or
exceeds the basic minimum wage; and 3. all tips received by the employee were either retained by him or
her or were distributed to him or her through a tip-pooling arrangement. If the employee is engaged in the
serving of food or beverages, such a tip-pooling arrangement must conform with the requirements of
M.G.L. c. 149, §152A. Unless all three of the foregoing requirements are met, the employer must pay a
tipped employee the full basic minimum wage rate. The minimum wage for an employee receiving $20
or less per month in tips shall be the basic minimum wage.

455-204 (a) An employer, including an employer of seasonal and temporary help, may deduct from the
basic minimum wage of an employee a sum per week as set forth in 455 CMR 2.04(1)(a)1. through 3.
when adequate, decent and sanitary lodging, including heat, potable water, and light are furnished. A
deduction for lodging is not permitted unless the room is actually used by the employee and unless said
employee desires said room. Deductions shall not exceed the following rates. 1. A sum not exceeding
$35.00 per week for a room occupied by one person. 2. A sum not exceeding $30.00 per week for a room
occupied by two persons. 3. A sum not exceeding $25.00 per week for a room occupied by three or more
persons. (b) No employer shall deduct from the basic minimum wage of an employee a sum in excess of
the amounts per day hereafter set forth for meals actually furnished to the employee. The maximum
deduction for meals per day shall be as follows: Breakfast, $1.50, Lunch, $2.25; Dinner, $2.25. No
deduction for meals may exceed the actual cost to the employer. 1. No such deduction for meals shall be
made without the written consent of the employee. 2. A deduction for one meal may be made from the
basic minimum wage of an employee working three hours or more. 3. A deduction for two meals may be
made from the basic minimum wage of an employee whose work entirely covers two meal periods, or
eight hours of work. 4. A deduction for three meals may be made from the basic minimum wage of an
employee if lodging is provided, or if special permission is granted by the Director.

455-2.05. (a) The Director may issue to any hospital or laboratory a license permitting payment of not
less than 80% of the basic minimum wage to students whose employment for wages is part of a formal
training program for such period of time as shall be fixed by the Director and stated in the license. (b)
The Director may issue to any school, college, university, or a bona fide educational institution, a license
permitting payment of not less than 80% of the basic minimum wage, to students enrolled in and
           employed by said institutions for such period of time as shall be fixed by the Director and stated in the
           license. (c) The Director may issue to any summer camp a license permitting payment of not less than
           80% of the basic minimum wage to students employed as camp counselors or counselor trainees for such
           period of time as shall be fixed by the Director and stated in the license. An employee shall be considered
           a camp counselor or counselor trainee if the employee is directly involved in camp programming and
           camper supervision. (d) The Director may issue to any establishment which as been granted non-profit
           status under the Internal Revenue Code a license permitting payment of not less than 80% of the basic
           minimum wage to minors attending secondary school who work part-time in hospital wards, school and
           college dining rooms and dormitories, where the ratio of one minor to five adult persons working in these
           areas is maintained, for such period of time as shall be fixed by the Director and stated in the license. (e)
           The Director may issue, to the employer of a learner or apprentice who is employed either on a full or a
           part-time basis, a license permitting payment of not less than 80% of the basic minimum wage for such
           period of time as shall be fixed by the Director and stated in the license.

           149.26. The rate per hour of the wages paid to mechanics and apprentices, teamsters, chauffeurs and
           laborers in the construction of public works shall not be less than the rate or rates of wages to be
           determined by the commissioner as hereinafter provided; provided, that the wages paid to laborers
           employed on said works shall not be less than those paid to laborers in the municipal service of the town
           or towns where said works are being constructed; provided, further, that where the same public work is to
           be constructed in two or more towns, the wages paid to laborers shall not be less than those paid to
           laborers in the municipal service of the town paying the highest rate; provided, further, that if, in any of
           the towns where the works are to be constructed, a wage rate or wage rates have been established in
           certain trades and occupations by collective agreements or understandings in the private construction
           industry between organized labor and employers, the rate or rates to be paid on said works shall not be
           less than the rates so established; provided further, that in towns where no such rate or rates have been so
           established, the wages paid to mechanics, teamsters, chauffeurs and laborers on public works, shall not
           be less than the wages paid to the employees in the same trades and occupations by private employers
           engaged in the construction industry. (http://www.lawlib.state.ma.us/prevailing.html)

           [Editors Note] Effective March 1, 2006 the living wage rate for Cambridge is $12.59 per hour.

           [Editors Note] Effective July 1, 2006 the new living wage rate for Brookline is 11.15 per hour. The
           living wage rate for the city of Boston is set at $11.95 per hour.

           [Editors Note:] For-profit or not-for-profit employers employing at least 25 full-time equivalent
           employees and who have been awarded a service contract in the amount of $25,000 or more from the
           City of Boston must pay employees a living wage rate of not less than $12.79 per hour.
Michigan   408.384 (1) Subject to the exceptions specified in this act, the minimum hourly wage rate shall be: (a)
           Beginning September 1, 1997, $5.15. (b) Beginning October 1, 2006, $6.95. (c) Beginning July 1, 2007,
           $7.15. (d) Beginning July 1, 2008, $7.40.(2) Notwithstanding subsection (1), if a ballot proposal that
           establishes a minimum wage is approved by the majority of electors voting on the question at the general
           election on November 7, 2006, the minimum wage shall be as established in the ballot proposal.

           408.387 On petition of a party in interest or on his or her own motion, the director of the department of
           consumer and industry services shall establish a suitable scale of rates for apprentices, learners, and
           persons with physical or mental disabilities who are clearly unable to meet normal production standards.
           The rates established under this section may be less than the regular minimum wage rate for workers who
           are experienced and who are not disabled.

           408.387a The minimum hourly wage rate of an employee shall be $2.65 per hour if all of the following
           occur: (a) The employee receives gratuities in the course of his or her employment. (b) The gratuities
           described in subdivision (a) equal or exceed the difference between $2.65 per hour and the minimum
           hourly wage established under section 4. (c) The gratuities are proven gratuities as indicated by the
           employee's declaration for federal insurance contribution act purposes. (d) The employee was informed
           by the employer of the provisions of this section.

           408.552 Every contract executed between a contracting agent and a successful bidder as contractor and
           entered into pursuant to advertisement and invitation to bid for a state project which requires or involves
           the employment of construction mechanics, other than those subject to the jurisdiction of the state civil
           service commission, and which is sponsored or financed in whole or in part by the state shall contain an
           express term that the rates of wages and fringe benefits to be paid to each class of mechanics by the
           bidder and all of his subcontractors, shall be not less than the wage and fringe benefit rates prevailing in
           the locality in which the work is to be performed. Contracts on state projects which contain provisions
           requiring the payment of prevailing wages as determined by the United States secretary of labor pursuant
           to the federal Davis-Bacon act (United States code, title 40, section 276a et seq) or which contain
           minimum wage schedules which are the same as prevailing wages in the locality as determined by
            collective bargaining agreements or understandings between bona fide organizations of construction
            mechanics and their employers are exempt from the provisions of this act.
            (http://www.michigan.gov/bwuc/0,1607,7-161-15499_15542_15549---,00.html)

            [Editors Note] The current living wage rate for Ann Arbor is $9.68 per hour if benefits are provided and
            $11.21 per hour if no benefits are provided. The current living wage rates for Eastpointe are $9.68 per
            hour if benefits are provided and $12.10 per hour if benefits are not provided.

            [Editors Note] The new living wage rate for Ingham County is $12.50 per hour if the employer does not
            provide benefits and $10.00 per hour if benefits are provided.

            [Editor’s Note:] Effective thru April 30, 2010, the living wage for Washtenaw County is set at $10.88
            per hour if the employer provides health care benefits, and $12.75 per hour if the employer does not
            provide health care benefits.
Minnesota   177.24 (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given
            them. (1) "Large employer" means an enterprise whose annual gross volume of sales made or business
            done is not less than $625,000 (exclusive of excise taxes at the retail level that are separately stated) and
            covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35. (2) "Small employer"
            means an enterprise whose annual gross volume of sales made or business done is less than $625,000
            (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair
            Labor Standards Act, sections 177.21 to 177.35. (b) Except as otherwise provided in sections 177.21 to
            177.35, every large employer must pay each employee wages at a rate of at least $6.75 an hour effective
            July 24, 2008, and at a rate of at least $7.75 an hour effective July 24, 2009. Every small employer must
            pay each employee at a rate of at least $5.75 an hour effective July 24, 2008, and at a rate of at least
            $6.75 an hour effective July 24, 2009. (c) Notwithstanding paragraph (b), during the first 90 consecutive
            days of employment, an employer may pay an employee under the age of 18 years a wage at a rate of at
            least $5.35 an hour effective July 24, 2008, and at a rate of at least $5.75 an hour effective July 24, 2009.
            No employer may take any action to displace any employee, including a partial displacement through a
            reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized
            in this paragraph. Sec. 2. An employer who pays a new employee the current state minimum wage under
            subdivision 1 must provide a written statement accompanying the first two paychecks of the employee or
            on the first two paydays of the employee if the employee is paid by electronic transfer. The written
            statement must be in at least 10-point font and must include the following information: (1) the applicable
            state or federal minimum wage rate required by law; and (2) contact information for the Department of
            Labor and Industry for the reporting of possible minimum wage violations. Section 3. Sharing of
            gratuities. For purposes of this chapter, any gratuity received by an employee or deposited in or about a
            place of business for personal services rendered by an employee is the sole property of the employee. No
            employer may require an employee to contribute or share a gratuity received by the employee with the
            employer or other employees or to contribute any or all of the gratuity to a fund or pool operated for the
            benefit of the employer or employees. This section does not prevent an employee from voluntarily
            sharing gratuities with other employees. The agreement to share gratuities must be made by the
            employees without employer coercion or participation, except that an employer may:(1) upon the request
            of employees, safeguard gratuities to be shared by employees and disburse shared gratuities to employees
            participating in the agreement;(2) report the amounts received as required for tax purposes; and (3) post a
            copy of this section for the information of employees. The commissioner may require the employer to
            pay restitution in the amount of the gratuities diverted. If the records maintained by the employer do not
            provide sufficient information to determine the exact amount of gratuities diverted, the commissioner
            may 3make a determination of gratuities diverted based on available evidence and mediate a settlement
            with the employer.


            [Note: For empoyers subject to federal law, the federal rate of $7.25 per hour applies]

            177.28 A meal allowance is credited toward the minimum wage only when the meal is furnished by the
            employer and accepted by the employee. The employer shall not require the employee to accept meals as
            a condition of employment. A meal is defined as an adequate portion of a variety of wholesome,
            nutritious foods and shall include at least one food from each of the following four groups: fruits or
            vegetables; cereals, bread, or potatoes; eggs, meat, or fish; milk, tea, or coffee; except that for breakfast,
            eggs, meat, or fish may be omitted if both cereal or bread are offered. The employer must keep a record
            of each meal accepted by the employee before any meal credit can be taken. Meals must be consistent
            with the employee's work shift. Meal periods of less than 20 minutes may not be deducted from hours
            worked, nor may meal periods be deducted where the employee is not entirely free from work
            responsibility. The meal allowance is 60 percent of the adult minimum wage rate for one hour of work
            per meal.

            177.43 Subdivision 1. Any contract which provides for a project must state that: (1) no laborer or
              mechanic employed directly on the project work site by the contractor or any subcontractor, agent, or
              other person doing or contracting to do all or a part of the work of the project, is permitted or required to
              work more hours than the prevailing hours of labor unless paid for all hours in excess of the prevailing
              hours at a rate of at least 1-1/2 times the hourly basic rate of pay; and (2) a laborer or mechanic may not
              be paid a lesser rate of wages than the prevailing wage rate in the same or most similar trade or
              occupation in the area. (http://workplace.doli.state.mn.us/prevwage/)

              [Editors Note] Effective December 31, 2006, all businesses with established or renewed city subsidies
              are required to pay a living wage rate of no less than 130% of the federal poverty level for a family of
              four.
Mississippi   The state of Mississippi does not have a state minimum wage, however employers are required to apply
              federal rate, which is currently set at $7.25 an hour.
Missouri      290.502. 1. Except as may be otherwise provided under sections 290.500 to 290.530, effective July 24,
              2009, every employer shall pay to each employee wages at the rate of $7.25 per hour, or wages at the
              same rate or rates set under the provisions of federal law as the prevailing federal minimum wage
              applicable to those covered jobs in interstate commerce, whichever rate per hour is higher. 2. The
              minimum wage shall be increased or decreased on January 1, 2010, and on January 1 of successive years,
              by the increase or decrease in the cost of living. On September 30, 2009, and on each September 30 of
              each successive year, the director shall measure the increase or decrease in the cost of living by the
              percentage increase or decrease as of the preceding July over the level as of July of the immediately
              preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) or
              successor index as published by the U.S. Department of Labor or its successor agency, with the amount
              of the minimum wage increase or decrease rounded to the nearest five cents. Beginning January 1, 2010,
              and continuing each year thereafter, the minimum wage shall not be increased under this subsection to
              exceed the federal minimum wage rate in effect in the year the indexing under this subsection occurs.

              290.512. 1. No employer of any employee who receives and retains compensation in the form of
              gratuities in addition to wages shall pay such employee a cash wage at a rate less than the cash wage
              amount specified in the Fair Labor Standards Act, 29 U .S.C. Sect ion 203(m), for t ipped employees.
              However, the total compensation for such tipped employee shall not be less than the minimum wage
              specified in section 290.502. 2. If an employee receives and retains compensation in the form of goods or
              services as an incident of his employment and if he is not required to exercise any discretion in order to
              receive the goods or services, the employer is required to pay only the difference between the fair market
              value of the goods and services and the minimum wage otherwise required to be paid by sections
              290.500 to 290.530. The fair market value of the goods and services shall be computed on a weekly
              basis. The director shall provide by regulation a method of valuing the goods and services received by
              any employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500
              to 290.530. He shall also provide by regulation a method of determining those types of goods and
              services that are an incident of employment the receipt of which does not require any discretion on the
              part of the employee. Section B. Because of the need to preserve federal standards relating to overtime
              payments to employees, section A of this act is deemed necessary for the immediate preservation of the
              public health, welfare, peace and safety, and is hereby declared to be an emergency act within the
              meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and
              approval.

              290.515. After a public hearing at which any person may be heard, the director shall provide by
              regulation for the employment in any occupation of individuals whose earning capacity is impaired by
              physical or mental deficiency at wages lower than the wage rate applicable under sections 290.500 to
              290.530. The individuals shall be employed as the director finds appropriate to prevent curtailment of
              opportunities for employment, to avoid undue hardship, and to safeguard the wage rate applicable under
              sections 290.500 to 290.530, except that no individual who maintains a production level within the limits
              required of other employees shall be paid less than the wage rate applicable under sections 290.500 to
              290.530. Employees affected or their guardians shall be given reasonable notice of this hearing.

              290.517. After a public hearing of which individual employees affected must be given reasonable notice,
              the director shall provide by regulation for the employment in any occupation, at wages lower than the
              wage rate applicable under sections 290.500 to 290.530, of such learners and apprentices as he finds
              appropriate to prevent curtailment of opportunities for employment. Such wage rate for learners and
              apprentices shall be the same rate or rates set under the provisions of federal law as the prevailing federal
              subminimum wage applicable to new workers. At no time may this provision be used for the purpose of
              evading the spirit and meaning of sections 290.500 to 290.530.

              290.512. 1. No employer of any employee who receives and retains compensation in the form of
              gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum wage
              rate specified in sections 290.500 to 290.530, however, total compensation for such employee shall total
              at least the minimum wage specified in sections 290.500 to 290.530, the difference being made up by the
          employer. 2. If an employee receives and retains compensation in the form of goods or services as an
          incident of his employment and if he is not required to exercise any discretion in order to receive the
          goods or services, the employer is required to pay only the difference between the fair market value of
          the goods and services and the minimum wage otherwise required to be paid by sections 290.500 to
          290.530. The fair market value of the goods and services shall be computed on a weekly basis. The
          director shall provide by regulation a method of valuing the goods and services received by any
          employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to
          290.530. He shall also provide by regulation a method of determining those types of goods and services
          that are an incident of employment the receipt of which does not require any discretion on the part of the
          employee.

          290.230. 1. Not less than the prevailing hourly rate of wages for work of a similar character in the
          locality in which the work is performed, and not less than the prevailing hourly rate of wages for legal
          holiday and overtime work, shall be paid to all workmen employed by or on behalf of any public body
          engaged in the construction of public works, exclusive of maintenance work. Only such workmen as are
          directly employed by contractors or subcontractors in actual construction work on the site of the building
          or construction job shall be deemed to be employed upon public works. 2. When the hauling of materials
          or equipment includes some phase of construction other than the mere transportation to the site of the
          construction, workmen engaged in this dual capacity shall be deemed employed directly on public works.
          (http://www.dolir.state.mo.us/ls/prevailingwage/index.asp)

           [Editor’s Note:] The Division of Labor Standards of the Missouri Department of Labor and Industrial
          Relations has issued General Wage Order No. 55. The Order, now in effect, establishes the new
          prevailing wage rates for use on all Missouri State Highways and Transportation construction). The
          General Wage Order No. 55 contains prevailing wage rates for each county and the city of St. Louis for
          the following occupations: laborer, truck driver teamster, operating engineer, carpenter, traffic control
          service driver, cement mason, iron worker, electrician- inside wireman, electrician- outside, and painter.
          The prevailing wage is the minimum rate that must be paid to workers on all Missouri State Highways
          and Transportation construction projects. (http://www.labor.mo.gov/DLS/Forms/GWO55Final.pdf)

          [Editor’s Note: GENERAL WAGE ORDER NO. 56 IS IN EFFECT AS OF AUGUST 6, 2012. The
          General Wage Order lists prevailing wage rates on Missouri State Highway and Transportation
          Commission construction projects in each county. The rates must be incorporated into the contract
          specifications for the job. This is the minimum wage rate required for the project. Employees are free to
          bargain for a higher rate of pay. Employers are free to pay a higher rate of pay. Each year, the Division of
          Labor Standards must file a General Wage Order with the Secretary of State on or before July 1 of each
          year. The General Wage Order lists the wage rates for each county in Missouri and the City of St. Louis.
          View and print an unofficial copy of the General Wage Order 56 . General Wage Order No. 56 went into
          effect on August 6, 2012. Annual Wage Order No. 19 is final and in effect as of June 29, 2012. The
          Missouri Labor Department announces that the state prevailing wage rates have been established and are
          now in effect for use on all Missouri public works constructions projects. The Annual Wage Order
          contains prevailing wage rates for each occupational title in every county and the city of St. Louis. The
          prevailing wage is the minimum rate that must be paid to workers on public works construction projects
          in Missouri such as bridges, roads, schools, and government buildings. The Labor Department’s Division
          of Labor Standards is responsible for gathering wage information from public and private commercial
          construction projects statewide on an ongoing basis from contractors, labor organizations, and public
          entities. The wage information is used to determine wage rates for each of the 26 different occupational
          titles and their subgroups for every Missouri county and the city of St. Louis. The highest number of
          hours reported for a particular wage rate for an occupational title in a county becomes that county’s
          prevailing wage rate.]
Montana   39-3-404. (1) Except as otherwise provided in this part and except for farm workers as provided in
          subsection (2), every employer shall pay to each of his employees a wage of not less than the applicable
          minimum wage as determined by the commissioner in accordance with 39-3-409. (2) In the case of a
          farm worker employed for a part of a calendar year which includes periods requiring working hours in
          excess of 8 hours per day and other seasonal periods requiring working hours substantially less than 8
          hours per day, the employer may pay the worker at a fixed rate of compensation during the term of
          employment. The employer may elect to: (a) keep a record of the total number of hours worked by the
          worker during the part of the year during which the worker was employed by him (the total wages paid
          by such employer to such employee for that part of the year during which said employee was employed
          by him shall not be less than the applicable minimum wage rate multiplied by the total number of hours
          so worked); or (b) in lieu of the minimum wage set forth herein, pay the farm worker a wage as herein
          defined on a monthly basis. This monthly compensation shall constitute a minimum wage and shall not
          be less than $635 a month beginning January 1, 1990.

          39-3-409. 39-3-409 (1) The minimum wage, except as provided in subsection (3), must be the greater of
          either: (a) the minimum hourly wage rate as provided under the federal Fair Labor Standards Act of 1938
           (29 U.S.C. 206(a)(1)), excluding the value of tips received by the employee and the special provisions for
           a training wage; or (b) $7.65 an hour, excluding the special provisions for a training wage. (2) (a) The
           minimum wage is subject to a cost-of-living adjustment, as provided in subsection (2)(b). (b) No later
           than September 30 of each year, an adjustment of the wage amount specified in subsection (1) must be
           made based upon the increase, if any, from August of the preceding year to August of the year in which
           the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items,
           as published by the bureau of labor statistics of the United States department of labor. (c) The wage
           amount established under this subsection (2): (i) must be rounded to the nearest 5 cents; and (ii) becomes
           effective as the new minimum wage, replacing the dollar figure specified in subsection (1), on January 1
           of the following year. (3) The minimum wage rate for: a business whose annual gross sales are $110,000
           or less is $4 an hour; FOOD AND BEVERAGE SERVERS WHO WAIT ON TABLES IN FULL-
           SERVICE RESTAURANTS is $6.15 an hour."

           39-3-402. (7) (a) The term "wage" includes the reasonable cost to the employer of furnishing the
           employee with lodging or any other facility if the lodging or other facility is customarily furnished by the
           employer to employees. However, the inclusion may not exceed an amount equal to 40% of the total
           wage paid by the employer to the employee. (b) The term "wage" does not include the cost to the
           employer of providing meals or a meal allowance to the employee or the value of tips or gratuities that
           are covered by section 3402(k) or service charges that are covered by section 3401 of the Internal
           Revenue Code of 1954, as amended and applicable on January 1, 1983, received by employees for
           services rendered by them to patrons of premises or businesses licensed to provide food, beverage, or
           lodging.

           18-2-403 (1) In every public works contract, there must be inserted in the bid specification and the public
           works contract a provision requiring the contractor to give preference to the employment of bona fide
           residents of Montana in the performance of the work. (2) All public works contracts under subsection (1),
           except those for heavy and highway construction, must contain a provision requiring the contractor to
           pay: (a) the travel allowance that is in effect and applicable to the district in which the work is being
           performed; and (b) the standard prevailing rate of wages, including fringe benefits for health and welfare
           and pension contributions, that: (i) meets the requirements of the Employee Retirement Income Security
           Act of 1974 and other bona fide programs approved by the United States department of labor; and (ii) is
           in effect and applicable to the district in which the work is being performed. (3) In every public works
           contract for heavy and highway construction, there must be inserted a provision to require the contractor
           to pay the heavy and highway construction wage rates established statewide for the project. For current
           prevailing wage rates click here; for proposed prevailing wage rates click here.
Nebraska   48-1203 (1) Except as otherwise provided in this section and section 48-1203.01, every employer shall
           pay to each of his or her employees who are seventeen years of age or older a minimum wage that is the
           federal minimum wage in effect on the effective date of this act or the state-calculated minimum wage
           under subsection (2) of this act, whichever is greater. (2) The state-calculated minimum wage shall be:
           wages at the minimum rate of four dollars and twenty-five cents per hour through August 31, 1997, and
           five dollars and fifteen cents per hour on and after September 1, 1997. (a) Five dollars and fifteen cents
           per hour through September 30, 2007; (b) Five dollars and fifty-two cents per hour on and after October
           1, 2007, through September 30, 2008; (c) Five dollars and eighty-nine cents on and after October 1,
           2008, through September 30, 2009; (d) Six dollars and twenty-six cents on and after October 1, 2009,
           through September 30, 2010; and (e) As calculated by the Department of Labor for wages beginning on
           October 1, 2010, through September 30, 2013. The department shall have such minimum wage 1
           calculated by June 15, 2010, and shall adjust the six dollars and twenty-six cents wage to reflect the
           changes in the Consumer Price Index for all-urban consumers published by the federal Department of
           Labor for 2007, 2008, and 2009 plus the first quarter of 2010. Every three years thereafter, the
           department shall make an adjustment of the state-calculated minimum wage to reflect the changes in such
           Consumer Price Index for the preceding three calendar years. For purposes of this section, calendar year
           begins on April 1 and ends on March 31 of the next year. The new state-calculated minimum wage shall
           be calculated by June 15 of the year that it will go into effect on October 1. For persons who are
           seventeen years of age or older compensated by way of gratuities such as waitresses, waiters, hotel
           bellhops, porters, and shoeshine persons, the employer shall pay wages at the minimum rate of two
           dollars and thirteen cents per hour, wage of fifty percent of the applicable minimum wage provided in
           subsection (1) of this section, plus all gratuities given to them for services rendered. The sum of wages
           and gratuities received by each person compensated by way of gratuities shall equal or exceed the
           minimum wage rate provided in subsection (1) of this section. In determining whether or not the
           individual is compensated by way of gratuities, the burden of proof shall be upon the employer. (3) (4)
           Any employer employing student-learners as part of a bona fide vocational training program shall pay
           such student-learners’ student-learners who are seventeen years of age or older wages at a rate of at least
           seventy-five percent of the minimum wage rate which would otherwise be applicable.
Nevada     608.100 1. Except as otherwise provided in subsections 2 and 3, the minimum wage for an employee in
           the State of Nevada is the same whether the employee is a full-time, permanent, part-time, probationary
           or temporary employee, and: (a) If an employee is offered qualified health insurance, is $7.25 per hour;
or (b) If an employee is not offered qualified health insurance, is $8.25 per hour. 2. The rates set forth in
subsection 1 may change based on the annual adjustments set forth in Section 16 of Article 15 of the
Nevada Constitution. 3. The minimum wage provided in subsection 1 does not apply to: (a) A person
under 18 years of age; (b) A person employed by a nonprofit organization for after-school or summer
employment; (c) A person employed as a trainee for a period not longer than 90 days, as described by the
United States Department of Labor pursuant to section 6(g) of the Fair Labor Standards Act; or (d) A
person employed under a valid collective bargaining agreement in which wage, tip credit or other
provisions set forth in Section 16 of Article 15 of the Nevada Constitution have been waived in clear and
unambiguous terms.4. As used in this section, “qualified health insurance” means health insurance
coverage offered by an employer which meets the requirements of NAC 608.102.

[Editor’s Note:] Effective July 1, 2010, daily overtime may apply if an employee is paid less than
$10.875 per hour and the employer offers qualifying health benefits or if an employee is paid less than
$12.375 per hour and the employer does not offer qualifying health benefits

608.110. (NRS 608.250) The minimum wage for an employee in private employment who: 1. Is 18 years
of age or older is $5.15 per hour. 2. Is under 18 years of age is $4.38 per hour.

608.155 1. A part of wages or compensation may, if mutually agreed upon by an employee and employer
in the contract of employment, consist of meals. In no case shall the value of the meals be computed at
more than $1.50 per day. In no case shall the value of the meals consumed by such employee be
computed or valued at more than 35 cents for each breakfast actually consumed, 45 cents for each lunch
actually consumed, and 70 cents for each dinner actually consumed. 2. The monetary limitations on the
value of meals, contained in subsection 1, do not apply to agricultural employees.

608.160 1. It is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed upon his
employees. (b) Apply as a credit toward the payment of the statutory minimum hourly wage established
by any law of this state any tips or gratuities bestowed upon his employees. 2. Nothing contained in this
section shall be construed to prevent such employees from entering into an agreement to divide such tips
or gratuities among themselves.

608.0165 1. Except as otherwise provided in this section, wages or compensation paid to an employee
whose duties include the manufacture of an explosive, or the use, processing, handling, on-site
movement or storage of an explosive that is related to its manufacture, must be based solely on the
number of hours the employee works. The provisions of this subsection do not apply to persons
employed in the mining industry. 2. Any person who violates the provisions of subsection 1: (a) For the
first violation, shall be punished by a fine of not less than $10,000 nor more than $20,000. (b) For the
second or any subsequent violation, shall be punished by a fine of not less than $20,000 nor more than
$50,000. 3. Except as otherwise provided in subsection 4, as used in this section, "explosive" means gun-
powders, powders used for blasting, all forms of high explosives, blasting materials, fuses other than
electric circuit breakers, detonators and other detonating agents, smokeless powders, other explosive or
incendiary devices and any chemical compound, mechanical mixture or device that contains any
oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that
ignition by fire, friction, concussion, percussion or detonation of the compound, mixture or device or any
part thereof may cause an explosion. 4. For the purposes of this section, an explosive does not include:
(a) Ammunition for small arms, or any component thereof; (b) Black powder commercially
manufactured in quantities that do not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches, and friction primers that are intended to be used solely for sporting,
recreation or cultural purposes: (1) In an antique firearm, as that term is defined in 18 U.S.C. §
921(a)(16), as that section existed on January 1, 1999; or (2) In an antique device which is exempted
from the definition of "destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section existed on
January 1, 1999; or (c) Any explosive that is manufactured under the regulation of a military department
of the United States, or that is distributed to, or possessed or stored by, the military or naval service or
any other agency of the United States, or an arsenal, a navy yard, a depot or any other establishment
owned by or operated on behalf of the United States.

338.020 1. Every contract to which a public body of this state is a party, requiring the employment of
skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in
the performance of public work, must contain in express terms the hourly and daily rate of wages to be
paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must: (a) Not be
less than the rate of such wages then prevailing in the county in which the public work is located, which
prevailing rate of wages must have been determined in the manner provided in NRS 338.030; and (b) Be
posted on the site of the public work in a place generally visible to the workmen. 2. When public work is
performed by day labor, the prevailing wage for each class of mechanics and workmen so employed
applies and must be stated clearly to such mechanics and workmen when employed. 3. The prevailing
wage so paid to each class of mechanics or workmen must be in accordance with the jurisdictional
classes recognized in the locality where the work is performed. 4. Nothing in this section prevents an
                   employer who is signatory to a collective bargaining agreement from assigning such work in accordance
                   with established practice. (http://www.laborcommissioner.com/pwpw.html)
New Hampshire 204:1 Minimum Hourly Rate. Unless otherwise provided by statute, no person, firm, or corporation
                   shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law,
                   as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly
                   receive more than $30 a month in tips directly from the customers will receive a base rate from the
                   employer of not less than 45 percent of the applicable minimum wage. Restaurant shall include an
                   establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to
                   the public to be a place where meals are regularly prepared or served for which a charge is made and
                   where seating and table service is available for customers or where delivery services are available. The
                   term does not include establishments which do not primarily prepare and serve food. Tipped employees
                   shall also include employees who deliver meals prepared in a restaurant to the customer’s home, office,
                   or other location. If an employee shows to the satisfaction of the commissioner that the actual amount of
                   wages received at the end of each pay period did not equal the minimum wage for all hours worked, the
                   employer shall pay the employee the difference to guarantee the applicable minimum wage.

                   204:2 Minimum Wage; Version Effective December 31, 2011. Unless otherwise provided by statute, no
                   person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the
                   federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin,
                   who customarily and regularly receive more than $30 a month in tips directly from the customers will
                   receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an
                   employee shows to the satisfaction of the commissioner that the actual amount of wages received at the
                   end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the
                   employee the difference to guarantee the applicable minimum wage.

                   204:3 Community Development Finance Authority; Definitions. VIII. “Primary employment” means
                   work which pays at least 1 1/2 times the minimum wage as established under federal law which offers
                   adequate fringe benefits, including health insurance, and which is not seasonal or part-time.

                   204:4 Effective Date. I. Section 2 of this act shall take effect December 31, 2011 at 12:01 a.m. II. The
                   remainder of this act shall take effect 60 days after its passage.

                   79:1 Wage Law; Definitions; Tip Pooling; Tip Sharing; Coercion. XIII. “Tip pooling” means the
                   voluntary practice by which the tip earnings of directly tipped employees within the same job category
                   are intermingled in a common pool and then redistributed among participating employees. XIV. “Tip
                   sharing” means the practice by which a directly tipped employee gives a portion of his or her tips to
                   another worker who participated in providing service to customers. XV. “Coercion” means the threat of
                   or a direct action which results in an adverse effect on an employee’s economic or employment status.

                   279:26-b Tip Pooling and Sharing. I. Tips are wages and shall be the property of the employee
                   receiving the tip and shall be retained by the employee, unless the employee voluntarily and without
                   coercion from his or her employer agrees to participate in a tip pooling or tip sharing arrangement.
                   II. No employer is precluded from administering a valid tip pooling or tip sharing arrangement at the
                   request of the employee, including suggesting reasonable and customary practices, and mediating
                   disputes between employees regarding a valid tip pooling or tip sharing arrangement.


                   [Editor’s Note:] Effective July 8, 2010, the law has been amended to clarify the definition of "Tipped
                   employees" to include those employees who deliver meals prepared in the restaurant to the customer's
                   home, office, or other location. This amendment is effective as of July 8 and until December 31, 2011,
                   when the statute reverts back to its pre-amended version.
New Jersey         34:11-56a4 Every employer shall pay to each of his employees wages at a rate of not less than $5.05 per
                   hour as of April 1, 1992 and, after January 1, 1999 the federal minimum hourly wage rate set by section
                   6(a)(1) of the federal "Fair Labor Standards Act of 1938" (29 U.S.C. s.206(a)(1)), and, as of October 1,
                   2005, $6.15 per hour, and as of October 1, 2006, $7.15 per hour for 40 hours of working time in any
                   week and 1 1/2 times such employee's regular hourly wage for each hour of working time in excess of 40
                   hours in any week, except this overtime rate shall not include any individual employed in a bona fide
                   executive, administrative, or professional capacity or, if an applicable wage order has been issued by the
                   commissioner under section 17 (C.34:11-56a16) of this act, not less than the wages prescribed in said
                   order. The wage rates fixed in this section shall not be applicable to part-time employees primarily
                   engaged in the care and tending of children in the home of the employer, to persons under the age of 18
                   not possessing a special vocational school graduate permit issued pursuant to section 15 of P.L.1940,
                   c.153 (C.34:2-21.15), or to persons employed as salesmen of motor vehicles, or to persons employed as
                   outside salesmen as such terms shall be defined and delimited in regulations adopted by the
                   commissioner, or to persons employed in a volunteer capacity and receiving only incidental benefits at a
                   county or other agricultural fair by a nonprofit or religious corporation or a nonprofit or religious
                   association which conducts or participates in that fair. The provisions of this section for the payment to
             an employee of not less than 1 1/2 times such employee's regular hourly rate for each hour of working
             time in excess of 40 hours in any week shall not apply to employees engaged to labor on a farm or
             employed in a hotel or to an employee of a common carrier of passengers by motor bus or to a limousine
             driver who is an employee of an employer engaged in the business of operating limousines or to
             employees engaged in labor relative to the raising or care of livestock. Employees engaged on a piece-
             rate or regular hourly rate basis to labor on a farm shall be paid for each day worked not less than the
             minimum hourly wage rate multiplied by the total number of hours worked.

             Full-time students may be employed by the college or university at which they are enrolled at not less
             than 85% of the effective minimum wage rate. Notwithstanding the provisions of this section to the
             contrary, every trucking industry employer shall pay to all drivers, helpers, loaders and mechanics for
             whom the Secretary of Transportation may prescribe maximum hours of work for the safe operation of
             vehicles, pursuant to section 31502(b) of the federal Motor Carrier Act, 49 U.S.C.s.31502(b), an
             overtime rate not less than 1 1/2 times the minimum wage required pursuant to this section and N.J.A.C.
             12:56-3.1. Employees engaged in the trucking industry shall be paid no less than the minimum wage rate
             as provided in this section and N.J.A.C. 12:56-3.1. As used in this section, "trucking industry employer"
             means any business or establishment primarily operating for the purpose of conveying property from one
             place to another by road or highway, including the storage and warehousing of goods and property. Such
             an employer shall also be subject to the jurisdiction of the Secretary of Transportation pursuant to the
             federal Motor Carrier Act, 49 U.S.C.s.31501 et seq., whose employees are exempt under section
             213(b)(1) of the federal "Fair Labor Standards Act of 1938," 29 U.S.C. s.213(b)(1), which provides an
             exemption to employees regulated by section 207 of the federal "Fair Labor Standards Act of 1938," 29
             U.S.C.s.207, and the Interstate Commerce Act, 49 U.S.C.s.501 et al. The provisions of this section shall
             not be construed as prohibiting any political subdivision of the State from adopting an ordinance,
             resolution, regulation or rule, or entering into any agreement, establishing any standard for vendors,
             contractors and subcontractors of the subdivision regarding wage rates or overtime compensation which
             is higher than the standards provided for in this section, and no provision of any other State or federal
             law establishing a minimum standard regarding wages or other terms and conditions of employment shall
             be construed as preventing a political subdivision of the State from adopting an ordinance, resolution,
             regulation or rule, or entering into any agreement, establishing a standard for vendors, contractors and
             subcontractors of the subdivision which is higher than the State or federal law or which otherwise
             provides greater protections or rights to employees of the vendors, contractors and subcontractors of the
             subdivision, unless the State or federal law expressly prohibits the subdivision from adopting the
             ordinance, resolution, regulation or rule, or entering into the agreement.

             34:11-56a4 1. The provisions of the act to which this act is a supplement in respect to minimum wages
             and compensation for overtime work shall not be applicable during the months of June, July, August or
             September of the year to summer camps, conferences and retreats operated by any nonprofit or religious
             corporation or association. 2. As used in this act: (a) "Commissioner" means the Commissioner of Labor
             and Workforce Development. (b) "Director" means the director in charge of the bureau referred to in
             section 3 of this act. (c) "Wage board" means a board created as provided in section 10 of this act. (d)
             "Wages" means any moneys due an employee from an employer for services rendered or made available
             by the employee to the employer as a result of their employment relationship including commissions,
             bonus and piecework compensation and including the fair value of any food or lodgings supplied by an
             employer to an employee. The commissioner may, by regulation, establish the fair value of food and
             lodging provided to employees in any occupation, which shall be acceptable for the purposes of
             determining compliance with this act in the absence of evidence of the actual value of such items. (e)
             "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work as
             determined by dividing the total hours of work during the week into the employee's total earnings for the
             week, exclusive of overtime premium pay. (f) "Employ" includes to suffer or to permit to work. (g)
             "Employer" includes any individual, partnership, association, corporation or any person or group of
             persons acting directly or indirectly in the interest of an employer in relation to an employee. (h)
             "Employee" includes any individual employed by an employer. (i) "Occupation" means any occupation,
             service, trade, business, industry or branch or group of industries or employment or class of employment
             in which employees are gainfully employed. (j) "Minimum fair wage order" means a wage order
             promulgated pursuant to this act.

             34:11-56a4.2. The provisions of this act shall be applicable to wages covered by wage orders issued
             pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16).
New Mexico   50-4-22 A. An employer shall pay an employee the minimum wage rate of six dollars fifty cents ($6.50)
             an hour. As of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents
             ($7.50) an hour. B. An employer furnishing food, utilities, supplies or housing to an employee who is
             engaged in agriculture may deduct the reasonable value of such furnished items from any wages due to
             the employee. C. An employee who customarily and regularly receives more than thirty dollars ($30.00)
             a month in tips shall be paid a minimum hourly wage of two dollars thirteen cents ($2.13). The employer
             may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal
             less than the minimum wage rate as provided in Subsection A of this section. All tips received by such
employees shall be retained by the employee, except that nothing in this section shall prohibit the pooling
of tips among employees. D. An employee shall not be required to work more than forty hours in any
week of seven days, unless the employee is paid one and one-half times the employee's regular hourly
rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for
fluctuating hours and who is employed by an employer a majority of whose business in New Mexico
consists of providing investigative services to the federal government, the hourly rate may be calculated
in accordance with the provisions of the federal Fair Labor Standards Act of 1938 and the regulations
pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum
wage."

50-4-23A The state labor commissioner, to the extent necessary in order to prevent curtailment of
opportunities for employment, shall, by regulation, provide for the employment under special certificates
of individuals, including individuals employed in agriculture, whose earning or productive capacity is
impaired by physical or mental deficiency or injury, at wages which are lower than the minimum wage
applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage. B. The state
labor commissioner pursuant to his regulations and upon certification of any state agency administering
or supervising the administration of vocational rehabilitation services, may issue special certificates,
which allow the holder thereof to work at wages which are less than those required by Subsection A of
this section and which are related to the workers' productivity, for the employment of: (1) handicapped
workers engaged in work which is incidental to training or evaluation programs; and (2) multi-
handicapped individuals and other individuals whose earning capacity is so severely impaired that they
are unable to engage in competitive employment. C. The state labor commissioner may, by regulation or
order, provide for the employment of handicapped individuals in work activities centers under special
certificates at wages which are less than the minimums applicable under Section 59-3-22 New Mexico
Statutes Annotated, 1953 Compilation [50-4-22 NMSA 1978], or less than that prescribed in Subsection
A of this section, and which constitute equitable compensation for such individuals.

13-4-10.1 As used in the Public Works Minimum Wage Act: A. "director" means the director of the
division; B. "division" means the labor relations division of the workforce solutions department; C.
"fringe benefit" means payments made by a
contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized
through a negotiated process or by a collective bargaining agreement,
for: (1) holidays; (2) time off for sickness or injury; (3) time off for personal reasons or
vacation; (4) bonuses; (5) authorized expenses incurred during the course of employment; (6) health, life
and accident or disability insurance; (7) profit-sharing plans; (8) contributions made on behalf of an
employee to a retirement or other pension plan; and (9) any other compensation paid to an employee
other than wages; D. "labor organization" means an organization of any kind, or an agency or employee
representation committee or plan, in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages,
rates of pay, hours of employment or conditions of work; and E. "wage" means the basic hourly rate of
pay."

13-4-11 A. Every contract or project in excess of sixty thousand dollars ($60,000) that the alteration,
demolition or repair or any combination of these, including painting and decorating, of public buildings,
public works or public roads of the state and that r or involves the employment of mechanics, laborers or
both shall contain a provision stating the minimum wages and fringe benefits to be paid to various classes
of laborers and mechanics, which shall be based upon the wages and benefits that will be determined by
the director to be prevailing for the corresponding classes of laborers and mechanics employed on
contract work of a similar nature in the state or locality, and every contract or project shall contain a
stipulation that the contractor, subcontractor, employer or a person acting as a contractor shall pay all
mechanics and laborers employed on the site of the project, unconditionally and not less often than once
a week and without subsequent unlawful deduction or rebate on any account, the full amounts
accrued at time of payment computed at wage rates and fringe benefit rates not less than those
determined pursuant to Subsection B of this section to be the prevailing wage rates and prevailing fringe
benefit rates issued for the project. B. The director shall determine prevailing wage rates and prevailing
fringe benefit rates for respective classes of laborers and mechanics employed on public works projects at
the same wage rates and fringe benefit rates used in collective bargaining agreements between labor
organizations and their signatory employers that govern predominantly similar classes or classifications
of laborers and mechanics for the locality of the public works project and the crafts involved; provided
that: (1) if the prevailing wage rates and prevailing fringe benefit rates cannot reasonably and fairly be
determined in a locality because no collective bargaining agreements exist, the director shall determine
the prevailing
wage rates and prevailing fringe benefit rates for the same or most similar class or classification of
laborer or mechanic in the nearest and most similar neighboring locality in which collective bargaining
agreements exist; (2) the director shall give due regard to information obtained during the director's
determination of the prevailing wage rates and the prevailing fringe benefit rates made pursuant to this
subsection; (3) any interested person shall have the right to submit to the director written data, personal
opinions and arguments supporting changes to the prevailing wage rate and prevailing fringe benefit rate
determination; and (4) prevailing wage rates and prevailing fringe benefit rates determined pursuant to
the provisions of this section shall be compiled as official records and kept on file in the director's office
and the records shall be updated in accordance with the applicable rates used in subsequent collective
bargaining agreements. C. The prevailing wage rates and prevailing fringe benefit rates to be paid shall
be posted by the contractor or person acting as a contractor in a prominent and easily accessible place at
the site of the work; and it is further provided that there may be withheld from the contractor,
subcontractor, employer or a person acting as a contractor so much of accrued payments as may be
considered necessary by the contracting officer of the state or political subdivision to pay to laborers and
mechanics employed on the project the difference between the prevailing wage rates and prevailing
fringe benefit rates required by the director to be paid to laborers and mechanics on the work and the
wage rates and fringe benefit rates received by the laborers and mechanics and not refunded to the
contractor, subcontractor, employer
or a person acting as a contractor or the contractor's, subconstractor's, employer's or person's agents. D.
Notwithstanding any other provision of law applicable to public works contracts or agreements, the
director may, with cause: (1) issue investigative or hearing subpoenas for the production of documents or
witnesses pertaining to public works prevailing wage projects; and (2) attach and prohibit the release of
any assurance of payment required under Section 13-4-18 NMSA 1978 for a reasonable period of time
beyond the time limits specified in that section until the director s resolves any probable cause to believe
a violation of the Public Works Minimum Wage Act or its implementing rules has taken place. E. The
director shall issue rules necessary to administer and accomplish the purposes of the Public Works
Minimum Wage Act."

13-4-13 Every contract within the scope of the Public Works Minimum Wage Act shall contain further
provision that in the event it is found by the director that any laborer or
mechanic employed on the site of the project has been or is being paid as a result of a willful violation a
wage rate or fringe benefit rate less than the rates required, the
contracting agency may, by written notice to the contractor, subcontractor, employer or person acting as
a contractor, terminate the right to proceed with the work or the part of
the work as to which there has been a willful failure to pay the required wages or fringe benefits, and the
contracting agency may prosecute the work to completion by contract or otherwise, and the contractor or
person acting as a contractor and the contractor's or person's sureties shall be liable to the state for any
excess costs occasioned thereby. Any party receiving notice of termination of a project or subcontract
pursuant to the provisions of this section may appeal the finding of the director as provided in the Public
Works Minimum Wage Act."

13-4-13.1 A. Except as otherwise provided in this subsection, in order to submit a bid valued at more
than sixty thousand dollars ($60,000) in order to respond to a
request for proposals or to be considered for award of any portion of a public works project greater than
sixty thousand dollars ($60,000) for a public works project that is subject to the Public Works Minimum
Wage Act, the contractor, serving as a prime contractor or not, shall be registered with the division.
Bidding documents issued or released by a state agency or political subdivision of the state shall include
a clear notification that each contractor, prime contractor or subcontractor is required to be registered
pursuant to this subsection. The provisions of this section do not apply to vocational classes in public
schools or public post-secondary educational institutions. B. The state or any political subdivision of the
state shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act
from a prime
contractor that does not provide proof of required registration for itself. C. Contractors and
subcontractors may register with the division on a form provided by the division and in accordance with
workforce solutions department rules. The division shall charge an annual registration fee of two hundred
dollars ($200). The division shall issue to the
applicant a certificate of registration within fifteen days after receiving from the applicant the completed
registration form and the registration fee. D. Registration fees collected by the division shall be
deposited in the labor enforcement fund."

13-4-14 A. The director shall certify to the contracting agency the names of persons or firms the director
has found to have disregarded their obligations to employees under the Public Works Minimum Wage
Act and the amount of arrears. The contracting agency shall pay or cause to be paid to the affected
laborers and mechanics, from any accrued payments withheld under the terms of the contract or
designated for the project, any wages or fringe benefits found due to the workers pursuant to the Public
Works Minimum Wage Act. The director shall, after notice to the affected persons, distribute a list to all
departments of the state giving the names of persons or firms the director has found to have willfully
violated the Public Works Minimum Wage Act. No contract or project shall be awarded to the persons or
firms appearing on this list or to any firm, corporation, partnership or association in which the persons or
firms have an interest until three years have elapsed from the date of publication of the list containing the
names of the persons or firms. A person to be included on the list to be distributed may appeal the finding
of the director as provided in the Public Works Minimum Wage Act. B. If the accrued payments withheld
under the terms of the contract, as mentioned in Subsection A of this section, are insufficient to
           reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages
           or fringe benefits required pursuant to the Public Works Minimum Wage Act, the laborers and mechanics
           shall have the right of action or intervention or both against the contractor or person acting as a
           contractor and the contractor's or person's sureties, conferred by law upon the persons furnishing labor
           and materials, and, in such proceeding, it shall be no defense that the laborers and mechanics accepted or
           agreed to less than the required rate
           of wages or voluntarily made refunds. The director shall refer such matters to the district attorney in the
           appropriate county, and it is the duty and responsibility of the district attorney to bring civil suit for
           wages and fringe benefits due and liquidated damages provided for in Subsection C of this section. C. In
           the event of any violation of the Public Works Minimum Wage Act or implementing rules, the
           contractor, subcontractor, employer or a person acting as a contractor responsible for the violation shall
           be liable to any affected employee for the employee's unpaid wages or fringe benefits. In addition, the
           contractor, subcontractor, employer or person acting as a contractor shall be liable to any affected
           employee for liquidated damages beginning with the first day of covered employment in the sum of one
           hundred dollars ($100) for each calendar day on which a contractor, subcontractor, employer or person
           acting as a contractor has willfully required or permitted an individual laborer or mechanic to work in
           violation of the provisions of the Public Works Minimum Wage Act. D. In an action brought pursuant to
           Subsection C of this section, the court may award, in addition to all
           other remedies, attorney fees and costs to an employee adversely affected by a violation of the Public
           Works Minimum Wage Act by a contractor, subcontractor, employer or person acting as a contractor."

           13-4-14.1. The "labor enforcement fund" is created in the state treasury. The fund shall consist of
           contractor and subcontractor registration fees collected by the division and all
           investment and interest income from the fund. The fund shall be administered by the division, and money
           in the fund is appropriated to the division for administration and
           enforcement of the Public Works Minimum Wage Act. Money in the fund shall not revert to the general
           fund at the end of a fiscal year."

           13-4-14.2. The director may: A. cancel, revoke or suspend with conditions,
           including probation, the registration of any party required to be registered pursuant to the Public Works
           Minimum Wage Act for failure to comply with the registration provisions or for good cause, subject to
           appeal pursuant to Section 13-4-15 NMSA 1978; and B. seek injunctive relief in district court for failure
           to comply with the registration provisions of the Public Works Minimum Wage Act."

           13-4-15. A. Any interested person may appeal any determination, finding or action of the director made
           pursuant to the Public Works Minimum Wage Act to the labor
           and industrial commission sitting as the appeals board by filing notice of the appeal with the director
           within fifteen days after the determination has been issued or notice of the finding or action has been
           given as provided in the Public Works Minimum Wage Act. B. The labor and industrial commission,
           sitting as the appeals board, shall adopt rules as it deems necessary for the prompt disposition of appeals.
           A copy of the rules
           shall be filed with the librarian of the supreme court law library. C. The appeals board, within ten days
           after the filing of the appeal, shall set the matter for an oral hearing within thirty days and, following the
           hearing, shall enter a decision within ten days after the close of the hearing and promptly mail copies of
           the decision to the parties. D. Decisions of the appeals board may be appealed pursuant to the provisions
           of Section 39-3-1.1 NMSA 1978."

           13-4-17. The Public Works Minimum Wage Act shall not affect a contract existing or a contract that may
           be entered into pursuant to invitations for bids that are outstanding at the time of enactment of that
           act."(http://www.dol.state.nm.us/dol_pubwage.html)

           [Editors Note] In February 2003, Santa Fe, New Mexico enacted a minimum wage ordinance. Effective
           January 1, 2009, the ordinance will require all businesses and nonprofit organizations with 25 or more
           employees to pay the minimum wage rate of $9.92 per hour.

           [Editors Note] Effective January 1, 2007 employers are required to pay a minimum wage rate of not less
           than $6.75 per hour for all hours worked within the municipal limits of the city. Effective January 1,
           2008 will be set at $7.15 per hour effective January 1, 2009 the minimum wage rate will increase to
           $7.50 per hour.
New York   652. Every employer shall pay to each of its employees for each hour worked a wage of not less than:
           $4.25 on and after April 1, 1991; $5.15 on and after March 31, 2000; $6.00 on and after January 1, 2005;
           $6.75 on and after January 1, 2006;$7.15 on and after January 1, 2007; and $7.25 on and after July 24,
           2009or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section
           206 or its successors or such other wage as may be established in accordance with the provisions of this
           article. 2. The minimum wage orders in effect on the effective date of this act shall remain in full force
           and effect, except as modified in accordance with the provisions of this article. Such minimum wage
           orders shall be modified by the commissioner to increase all monetary amounts specified therein in the
same proportion as the increase in the hourly minimum wage as provided in subdivision one of this
section, including the amounts specified in such minimum wage orders as allowances for gratuities, and
when furnished by the employer to its employees, for meals, lodging, apparel and other such items,
services and facilities. All amounts so modified shall be rounded off to the nearest five cents. The
modified orders shall be promulgated by the commissioner without a public hearing, and without
reference to a wage board, and shall become effective on the effective date of such increases in the
minimum wage except as otherwise provided in this subdivision, notwithstanding any other provision of
this article. 3. (a) Application of article. This article shall apply to non-profitmaking institutions. (b)
Option available to non-profitmaking institutions. The provisions of any wage order issued under this
article shall not apply, however, to any non-profitmaking institution which pays and continues to pay to
each of its employees in every occupation a wage, exclusive of allowances, of not less than the minimum
wage provided in subdivision one of this section provided that such institution had certified under oath to
the commissioner, on or before September first, nineteen hundred sixty, that on or before October first,
nineteen hundred sixty it would pay and thereafter intended to pay such wage to each of its employees in
every occupation and provided further that all the provisions of this article have not become applicable to
such institution by operation of paragraph (c) of this subdivision. If such institution was not organized or
did not hire any employees as defined in subdivision five of section six hundred fifty-one of his chapter
before September first, nineteen hundred sixty, such provisions shall not apply so long as, commencing
six months after it was organized, or first employed such employees it paid and continues to pay such
wage to each of its employees in every occupation, provided that such institution certified under oath
within six months after it was organized or first employed such employees that it would pay and
thereafter intended to pay such wage to each of its employees in every occupation and provided further
that all the provisions of this article have not become applicable to such institution by operation of
paragraph (c) of this subdivision. (c) Termination of option. All the provisions of this article, including
all of the provisions of any wage order issued thereunder which, but for the operation of paragraph (b) of
this subdivision, would apply to any non-profitmaking institution, shall become fully applicable to such
institution sixty days after such institution files a notice with the commissioner requesting that the
provisions of such wage order apply to it, or immediately upon the issuance of an order by the
commissioner finding that such institution has failed to pay the wages provided in paragraph (b) of this
subdivision, but in no event shall any such order discharge the obligation of such institution to pay the
wages provided by paragraph (b) of this subdivision for any period prior to the issuance of such order. 4.
Notwithstanding subdivisions one and two of this section, the wage for an employee who is a food
service worker receiving tips shall be a cash wage of at least three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three dollars and eighty-five cents on or after January first, two
thousand five; at least four dollars and thirty-five cents on or after January first, two thousand six; and at
least four dollars and sixty cents on or after January first, two thousand seven, provided that the tips of
such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect
pursuant to subdivision one of this section and provided further that no other cash wage is established
pursuant to section six hundred fifty-three of this article. In the event the cash wage payable under the
Fair Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is increased after enactment
of this subdivision, the cash wage payable under this subdivision shall automatically be increased by the
proportionate increase in the cash wage payable under such federal law, and will be immediately
enforceable as the cash wage payable to food service workers under this article. 5. Notwithstanding
subdivisions one and two of this section, meal and lodging allowances for a food service worker
receiving a cash wage amounting to three dollars and thirty cents per hour on or after March thirty-first,
two thousand; three dollars and eighty-five cents on or after January first, two thousand five; four dollars
and thirty-five cents on or after January first, two thousand six; and four dollars and sixty cents on or
after January first, two thousand seven, shall not increase more than two-thirds of the increase required
by subdivision two of this section as applied to state wage orders in effect pursuant to subdivision one of
this section.

220 The wages to be paid for a legal day's work, to laborers, workmen or mechanics upon such public
works, shall be not less than the prevailing rate of wages. Serving laborers, helpers, assistants and
apprentices shall not be classified as common labor and shall be paid not less than the prevailing rate of
wages. (http://www.labor.state.ny.us/business_ny/employer_responsibilities/prevailing_wage_info.html)

[Note: Effective January 1, 2005, the New York city living wage incentive requires low-wage workers
employed by firms receiving certain service contracts or economic development benefits from the City of
New York, be paid $10.75 per hour and $1.50 for health insurance, and $13.00 per hour without health
insurance benefits.

[Editors Note] The living wage ordinance for Syracuse specifies the formula for updating the living wage
rates annually on April 1st of each year. The existing wage rates are adjusted based on the growth in the
annual CPI for all Urban Consumers. Effective April 1, 2006, the percentage increase in the CPI for 2005
instead of 2004 is used. Effective April 1, 2006 the new living wage rates for Syracuse are $10.08/hr. x
1.036 + $10.44/hr if employer provides benefits and $11.91 per hour x 1.036 = $12.34 per hour if the
employer does not provide benefits
[Editors Note] Effective July 1, 2006 the new living wage rate for Suffolk County is $10.02 if the
employer provides health care benefits and $11.41 per hour if no benefits are provided. Living wage rates
for child care providers also increases to $9.64 per hour if benefits are provided and $10.50 if no benefits
are provided.

[Editor's Note:] Effective March 24, 2007, service contractors and subcontractors in the City of Buffalo
with contracts of $50,000 or more are required to pay employees a living wage rate of $9.59 per hour if
employer provides benefits and $10.77 per hour if the employer does not provide benefits. Effective
January 1, 2008 the living wage rate will increase to $9.90 per hour if the employer provides benefits and
$11.11 per hour if no benefits are provided.

137-1.1.Application.—Every employer in the restaurant industry shall pay to each employee, as defined
in this Part, not less than the minimum wage rates provided in this Part.

137-1.2 Basic Minimum Hourly Wage Rates. The basic minimum hourly rate shall be: (a) $5.15 per
hour on and after March 31, 2000; (b) $6.00 per hour on and after January 1, 2005; (c) $6.75 per hour on
and after January 1, 2006; (d) $7.15 per hour on and after January 1, 2007; (e) $7.25 per hour on and
after July 24, 2009; or, if greater, such other wage as may be established by Federal law pursuant to 29
U.S.C. section 206 or any successor provisions.

137-1.3 Overtime hourly rate. An employer shall pay an employee for overtime at a wage rate of 1 1/2
times the employee's regular rate for hours worked in excess of 40 hours in one workweek.

137-1.4 Tip allowance for Service Employees. (a) Allowance for tips shall not exceed: (1) On and after
March 31, 2000, $1.15 an hour for an employee whose average of tips received is between $1.15 and
$1.65 per hour; $1.65 per hour for an employee whose average of tips received is $1.65 per hour or more;
(2) On and after January 1, 2005, $1.35 an hour for an employee whose average of tips received is
between $1.35 and $1.90 per hour; $1.90 per hour for an employee whose average of tips received is
$1.90 per hour or more; (3) On and after January 1, 2006, $1.50 an hour for an employee whose average
of tips received is between $1.50 and $2.15 per hour; $2.15 per hour for an employee whose average of
tips received is $2.15 per hour or more; (4) On and after January 1, 2007, $1.60 an hour for an employee
whose average of tips received is between $1.60 and $2.30 per hour; $2.30 per hour for an employee
whose average of tips received is $2.30 per hour or more; (5) On and after July 24, 2009, $1.60 per hour
for an employee whose average of tips received is between $1.60 and $2.35 per hour; $2.35 per hour for
an employee whose average of tips received is $2.35 per hour or more. (b) No allowance for tips or
gratuities shall be permitted for an employee whose weekly average of tips is less than: (1) $1.15 per
hour on and after March 31, 2000; (2) $1.35 per hour on and after January 1, 2005; (3) $1.50 per hour on
and after January 1, 2006; and (4) $1.60 per hour on and after January 1, 2007.

137-1.5 Tip Allowance for Food Service Worker. (a) On or after March 31, 2000, a food service
worker shall receive a cash wage of at least $3.30 per hour, provided that the tips of such worker, when
added to such cash wage, are equal to or exceed $5.15 per hour. (b) On or after January 1, 2005, a food
service worker shall receive a cash wage of at least $3.85 per hour, provided that the tips of such worker,
when added to such cash wage, are equal to or exceed $6.00 per hour. (c) On or after January 1, 2006, a
food service worker shall receive a cash wage of at least $4.35 per hour, provided that the tips of such
worker, when added to such cash wage, are equal to or exceed $6.75 per hour. (d) On or after January 1,
2007, a food service worker shall receive a cash wage of at least $4.60 per hour, provided that the tips of
such worker, when added to such cash wage, are equal to or exceed $7.15 per hour. (e) On or after July
24, 2009, a food service worker shall receive a cash wage of at least $4.65 per hour, provided that the tips
of such worker, when added to such cash wage, are equal to or exceed $7.25 per hour.

137-1.6 Call-in pay rate. (a) An employee who by request or permission of the employer reports for
duty on any day, whether or not assigned to actual work, shall be paid at the applicable minimum wage
rate: (1) for at least three hours for one shift, or the number of hours in the regularly scheduled shift,
whichever is less; (2) for at least six hours for two shifts totalling six hours or less; or the number of
hours in the regularly scheduled shift, whichever is less; and (3) for at least eight hours for three shifts
totalling eight hours or less, or the number of hours in the regularly scheduled shift, whichever is less.

137-1.7 Additional rate for spread of hours. On each day in which the spread of hours exceeds 10, an
employee shall receive one hour's pay at the basic minimum hourly wage rate before allowances, in
addition to the minimum wages otherwise required in this Part.

137-1.8 Rate for Required Uniforms. No allowance for the supply, maintenance, or laundering of
required uniforms shall be permitted as part of the minimum wage. Where an employee purchases a
required uniform he shall be reimbursed by the employer for the cost thereof not later than the time of the
next payment of wages. Where the employer fails to launder or maintain required uniforms for any
employee, he shall pay such employee in addition to the minimum wage prescribed herein: (a) $6.40 per
week on and after March 31, 2000, if the employee works more than 30 hours weekly; $5.05 per week on
and after March 31, 2000, if the employee works more than 20 but not more than 30 hours weekly; and
$3.05 per week on and after March 31, 2000, if the employee works 20 hours or less weekly; (b) $7.45
per week on and after January 1, 2005, if the employee works more than 30 hours weekly; $5.90 per
week on and after January 1, 2005, if the employee works more than 20 but not more than 30 hours
weekly; and $3.55 per week on and after January 1, 2005, if the employee works 20 hours or less weekly;
(c) $8.40 per week on and after January 1, 2006, if the employee works more than 30 hours weekly;
$6.60 per week on and after January 1, 2006, if the employee works more than 20 but not more than 30
hours weekly; and $4.00 per week on and after January 1, 2006, if the employee works 20 hours or less
weekly; (d) $8.90 per week on and after January 1, 2007, if the employee works more than 30 hours
weekly; $7.00 per week on and after January 1, 2007, if the employee works more than 20 but not more
than 30 hours weekly; and $4.25 per week on and after January 1, 2007, if the employee works 20 hours
or less weekly; (e) $9.00 per week on and after July 24, 2009, if the employee works more than 30 hours
weekly; $7.10 per week on and after July 24, 2009, if the employee works more than 20 but not more
than 30 hours weekly; and $4.30 per week on and after July 24, 2009, if the employee works 20 hours or
less weekly.

137-1.9 Allowances for Meals and Lodging. (a) Allowances for meals. (1) Meals furnished by an
employer to an employee shall be valued at no more than: (i) $1.65 per meal on and after March 31,
2000, for food service workers receiving a cash wage of at least $3.30 per hour; and $1.75 per meal on
and after March 31, 2000, for all other workers; (ii) $1.85 per meal on and after January 1, 2005, for food
service workers receiving a cash wage of at least $3.85 per hour; and $2.05 per meal on and after January
1, 2005, for all other workers; (iii) $2.00 per meal on and after January 1, 2006, for food service workers
receiving a cash wage of at least $4.35 per hour; and $2.30 per meal on and after January 1, 2006, for all
other workers; (iv) $2.10 per meal on and after January 1, 2007, for food service workers receiving a
cash wage of at least $4.60 per hour; and $2.45 per meal on and after January 1, 2007, for all other
workers; (v) $2.10 per meal on and after July 24, 2009, for food service workers receiving a cash wage
of at least $4.65 per hour; and $2.50 per meal on and after July 24, 2009, for all other workers. (2) An
allowance for more than one meal shall not be permitted for any employee working less than five hours
on any day. (3) An allowance for more than two meals shall not be permitted for any other employee on
any day, except that an allowance of one meal per shift may be permitted for such an employee working
on a split shift. (b) Allowances for lodging. Lodging furnished by an employer to an employee may be
considered as part of the minimum wage but shall be valued at not more than: (1) $1.20 per day on and
after March 31, 2000, for food service workers receiving a cash wage of at least $3.30 per hour; $1.25
per day on and after March 31, 2000 for all other workers; $7.60 per week on and after March 31, 2000,
for food service workers receiving a cash wage of at least $3.30 per hour; and $8.05 per week on and
after March 31, 2000, for all other workers; (2) $1.35 per day on and after January 1, 2005, for food
service workers receiving a cash wage of at least $3.85 per hour; $1.45 per day on and after January 1,
2005, for all other workers; $8.45 per week on and after January 1, 2005, for food service workers
receiving a cash wage of at least $3.85 per hour; and $9.40 per week on and after January 1, 2005, for all
other workers; (3) $1.45 per day on and after January 1, 2006, for food service workers receiving a cash
wage of at least $4.35 per hour; $1.65 per day on and after January 1, 2006, for all other workers; $9.15
per week on and after January 1, 2006, for food service workers receiving a cash wage of at least $4.35
per hour; and $10.55 per week on and after January 1, 2006, for all other workers; (4) $1.50 per day on
and after January 1, 2007, for food service workers receiving a cash wage of at least $4.60 per hour;
$1.75 per day on and after January 1, 2007, for all other workers; $9.50 per week on and after January 1,
2007, for food service workers receiving a cash wage of at least $4.60 per hour; and $11.15 per week on
and after January 1, 2007, for all other workers; (5) $1.50 per day on and after July 24, 2009, for food
service workers receiving a cash wage of at least $4.65 per hour; $1.75 per day on and after July 24,
2009, for all other workers; $9.60 per week on and after July 24, 2009, for food service workers
receiving a cash wage of at least $4.65 per hour; and $11.30 per week on and after July 24, 2009, for all
other workers.

146.1.1. Application. (a) Every employer in the hospitality industry must pay each employees, as
defined in this part, at least the minimum wage rates provided in this part. (b) The rates provided herein
shall apply, unless otherwise stated, on and after January 1, 2011

146.1.2. Basic Minimum Hourly Rate. The basic minimum hourly rate shall be $7.25 per hour, or, if
greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or any
successor provisions.

146.1.3. Tip Credits. An employer may take a credit toward the basic minimum hourly rate if a service
employee or food service worker receives enough tips and if the employee has been notified of the tip
credit as required in Section 166.2.2. Such employees shall be considered “tipped employees”. (a) Tip
Credits For Service Employees A service employee shall receive a wage rate of at least $5.65 per hour,
                     and credit for tips shall not exceed $1.60 per hour, provided that the total tips received plus wages equals
                     or exceeds $7.25 per hour. FOR RESORT HOTELS ONLY, a service employee shall receive a wage
                     rate of at least $4.90 per hour, and credit for tips shall not exceed $2.35 per hour, if the weekly average of
                     tips is at least $4.10 per hour. (b) Tip Credits For Food Service Workers A food service worker shall
                     receive a wage of at least $5.00 per hour, and credit for tips shall not exceed $2.25 per hour, provided
                     that total tips received plus the wages equals or exceeds $7.25 per hour.

                     196-d. Gratuities. 1. An employer shall not be prohibited from adding a mandatory gratuity as long
                     as: (i) the charge is conspicuously disclosed to the customer before food or beverage is ordered; and (ii)
                     no employer or his agent or an officer or agent of any corporation, shall retain any portion of such
                     gratuity. The disclosure shall use ordinary language readily understood and shall appear in a type size
                     similar to surrounding text. No employer or his agent or an officer or agent of any corporation, or any
                     other person shall demand or accept, directly or indirectly, any part of the gratuities, received by an
                     employee, or retain any part of a gratuity or of any charge purported to be a gratuity for an employee.
                     This provision shall not apply to the checking of hats, coats or other apparel. Nothing in this subdivision
                     shall be construed as affecting the allowances from the minimum wage for gratuities in the amount
                     determined in accordance with the provisions of article nineteen of this chapter nor as affecting
                     practices in connection with banquets and other special functions where a fixed percentage of the
                     patron's bill is added for gratuities which are distributed to employees, nor to the sharing of tips by a
                     waiter with a busboy or similar employee. An employer that imposes a mandatory service charge,
                     administrative fee, or any other similar charge which is not distributed to employees as gratuities must
                     provide written notice to customers in the contract or agreement for services and on the check or
                     invoice that the charge is not a gratuity and will not be distributed to employees who provided service to
                     guests, or if only a portion of the charge is distributed as gratuities, the portion distributed as gratuities
                     must be identified. The written notice to customers in the contract or agreement for services shall
                     appear in a type size no smaller than twelve point type. The statements in the check or invoice shall use
                     ordinary language readily understood and shall appear in a type size similar to surrounding text.
                     Notwithstanding the foregoing, prior to the effective date of a chapter of the laws of two thousand
                     twelve that amended this section, any mandatory service or administrative charge, or any mandatory
                     fee, imposed by an employer as part of a banquet serving twenty or more guests shall not be deemed a
                     gratuity or charge purported to be a gratuity, and shall not form the basis of any liability under this
                     section, any other provision of this chapter or any regulations implemented pursuant to this chapter
                     despite the absence of such disclosure or as a result of any representation made by any employer or his
                     agent unless such mandatory service or administrative charge, or any mandatory fee, was specifically
                     represented in writing to be a gratuity paid to a food service worker, as defined in 12 N.Y.C.R.R. 146-
                     3.4, by the employer or his agent.
North Carolina 95-25.3 (a) Subject to the provisions of subsection (a1) of this section, every employer shall pay to each
                     employee who in any workweek performs any work, wages of at least seven dollars and twenty five cents
                     ($7.25) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor
                     Standards Act, 29 U.S.C. 206(a)(1), as that wage may change from time to time, whichever is higher,
                     except as otherwise provided in this section. (a1) The minimum wage required by subsection (a) of this
                     section shall be increased on January 1, 2008, and on January 1 of successive years by the increase in the
                     cost of living. The increase in the cost of living shall be measured by the percentage increase of the
                     consumer price index (all urban consumers, U.S. city average for all items), CPI U, or its successor
                     index, as calculated by the U.S. Department of Labor for the 12 months preceding the previous
                     September 1. The Commissioner shall calculate the indexed minimum wage rate. The indexed minimum
                     wage rate shall be calculated to the nearest cent ($0.01). (b) In order to prevent curtailment of
                     opportunities for employment, the wage rate for full time students, learners, apprentices, and messengers,
                     as defined under the Fair Labor Standards Act, shall be ninety percent (90%) of the rate in effect under
                     subsection (a) above, rounded to the lowest nickel. (c) The Commissioner, in order to prevent curtailment
                     of opportunities for employment, may, by regulation, establish a wage rate less than the wage rate in
                     effect under section (a) which may apply to persons whose earning or productive capacity is impaired by
                     age or physical or mental deficiency or injury, as such persons are defined under the Fair Labor
                     Standards Act. (d) The Commissioner, in order to prevent curtailment of opportunities for employment of
                     the economically disadvantaged and the unemployed, may, by regulation, establish a wage rate not less
                     than eighty five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which
                     shall apply to all persons (i) who have been unemployed for at least 15 weeks and who are economically
                     disadvantaged, or (ii) who are, or whose families are, receiving Work First Family Assistance or who are
                     receiving supplemental security benefits under Title XVI of the Social Security Act. Pursuant to
                     regulations issued by the Commissioner, certificates establishing eligibility for such subminimum wage
                     shall be issued by the Employment Security Commission. The regulation issued by the Commissioner
                     shall not permit employment at the subminimum rate for a period in excess of 52 weeks. (e) The
                     Commissioner, in order to prevent curtailment of opportunities for employment, and to not adversely
                     affect the viability of seasonal establishments, may, by regulation, establish a wage rate not less than
                     eighty five percent (85%) of the otherwise applicable wage rate in effect under subsection (a) which shall
                     apply to any employee employed by an establishment which is a seasonal amusement or recreational
                     establishment, or a seasonal food service establishment. (f) Tips earned by a tipped employee may be
               counted as wages only up to the amount permitted in section 3(m) of the Fair Labor Standards Act, 29
               U.S.C. 203(m), if the tipped employee is notified in advance, is permitted to retain all tips and the
               employer maintains accurate and complete records of tips received by each employee as such tips are
               certified by the employee monthly or for each pay period. Even if the employee refuses to certify tips
               accurately, tips may still be counted as wages when the employer complies with the other requirements
               of this section and can demonstrate by monitoring tips that the employee regularly receives tips in the
               amount for which the credit is taken. Tip pooling shall also be permissible among employees who
               customarily and regularly receive tips; however, no employee's tips may be reduced by more than fifteen
               percent (15%) under a tip pooling arrangement.

               95-25.3A (a)Any employer may, in lieu of the minimum wage prescribed by subsections (a) through (e)
               of G.S. 95-25.3, pay an eligible employee a training wage while such employee is: (1) Employed for the
               period authorized in paragraph (h)(1)c.1. of this section, or (2) Engaged in on-the-job training for the
               period authorized by paragraph (h)(1)c.2. of this section. This training wage shall be a wage: a. Of not
               less than three dollars and thirty-five cents ($3.35) per hour beginning January 1,1992; and b. Beginning
               January 1, 1993, eighty-five percent (85%) of the wage prescribed by G.S. 95-25.3(a). (b) An employer
               may pay an eligible employee the training wage under subsection (a) of this section for a period that: (1)
               Begins on or after January 1, 1992; (2) Does not exceed the maximum period during which an employee
               may be paid such wage as determined under sub-subdivision (h)(1)c. of this section; and (3) Ends before
               April 1, 1993. (c) No eligible employee may be paid the training wage under subsection (a) of this
               section by an employer if: (1) Any other individual has been laid off by such employer from the position
               to be filled by such eligible employee or from any substantially equivalent position; or (2) Such employer
               has terminated the employment of any regular employee or otherwise reduced the number of employees
               with the intention of filling the vacancy so created by hiring an employee to be paid such training wage.

               [Editor’s note:] Effective July 24, 2009 the minimum wage is $7.25 per hour, the allowable tip credit is
               $5.12 and the cash wage amount is set at $2.13 per hour.
North Dakota   46-02-07-02. The North Dakota minimum wage shall be no less than seven dollars and twenty five cents
               per hour and must be paid to all employees in every occupation in the state. The following are exempt
               from minimum wage and working conditions provided in this chapter: a. Employees of nonprofit camps
               that are directly youth-related and intended for educational purposes. b. A guide, cook, or camp-tender
               for a hunting or fishing guide service. c. Golf course caddies. d. Any person in a program for youthful or
               first-time offenders designed as an alternative to incarceration if the person: (1) Voluntarily enters into
               the program for personal benefit; (2) Does not displace regular employees or infringe on the employment
               opportunities of others; (3) Is under the supervision or control of a court; and (4) Performs the work
               without contemplation of pay. e. Prison or jail inmates who do work for the prison, jail, institution, or
               other areas directly associated with the incarceration program. The work must be performed for the
               prison, jail, institution, state, or a political subdivision. f. Actors or extras for a motion picture. g. Any
               person working on a casual basis for less than twenty hours per week for less than three consecutive
               weeks in domestic service employment providing baby-sitting services. h. Volunteers as described in this
               subdivision: (1) Individuals who donate their time and services, usually on a part-time basis, including
               public service, humanitarian objectives, religious, fraternal, nonprofit, and charitable organizations, not
               as employees and without contemplation of pay. (2) Individuals who provide services to hospitals or
               nursing homes to provide support and assistance to families and patients. (3) Regular employees of
               religious, nonprofit, or charitable organizations may volunteer their services for activities outside of their
               normal work duties. (4) Residents or patients of shelters, foster care, or other such related establishments
               may volunteer their services as long as regular employees are not displaced. Student trainees meeting the
               following six criteria: (1) The training is similar to that in a vocational school. (2) The training is clearly
               for the benefit of the trainee. (3) The trainee does not displace regular employees. (4) The employer
               derives no immediate benefit. (5) The trainee is not entitled to a job. (6) The trainee is not entitled to
               wages. 2. The commissioner may issue subminimum wages for students enrolled in vocational education
               or related programs as long as the wage is not below eighty-five percent of the current state minimum
               wage. The process for granting subminimum wages for students includes: a. The student must complete
               the application for subminimum wage certificate for vocational education students (SFN 51370). The
               application (SFN 51370) includes: the employee's name, address, and signature; the employer's name,
               type of business, address, and signature; a description of the job; the pay rate; the vocational education
               instructor's signature. b. Upon receipt of the application the commissioner may issue a license to pay a
               subminimum wage to the employee for not more than one year. 3. [Workers with Disabilities.]--The
               process for granting sub-minimum wages to individuals with disabilities in accordance with North
               Dakota Century Code section 34-06-15 includes: a. The disabled worker must complete the application
               for subminimum wage certificate for individuals with disabilities (SFN 51371). The application (SFN
               51371) includes: the employee's name, address, and signature; the employer's name, type of business,
               address, and signature; a description of the job; the prevailing wage; the proposed pay rate; and an
               analysis of the employee's productive capacity. A physician's signed verification of the disability in
               relationship to the job duties or existing supporting evidence of the disability must be provided. b.In
               order to be paid less than the minimum wage, documentation of the employee's commensurate wage rate
               must be provided to the commissioner and maintained by the employer. Commensurate wages are
       determined by assessing nondisabled worker productivity, the prevailing wage rate for the same or
       similar work, and an evaluation of the worker's own efficiency. c. Upon receipt of the application and
       documentation the commissioner may issue a license to pay a subminimum wage to the employee for not
       more than one year. d. The worker's commensurate wage rate must be reevaluated by the employer every
       six months and adjusted accordingly; the employer must maintain all documentation. The commissioner
       may issue a special license to pay less than the minimum wage to nonprofit community rehabilitation
       programs for the handicapped under North Dakota Century Code section 34-06-15. Those programs must
       conduct a recognized program for rehabilitation for handicapped workers or provide paid employment
       for such workers or other occupational rehabilitative activity of an educational or learning nature. Special
       licenses to these programs may be issued after the commissioner receives a copy of the application and
       license from the commensurate federal program for employment of disabled workers under special
       certificates.

       46-02-07-03. 1. A tip credit of thirty-three percent of the minimum wage may be allowed for tipped
       employees. The employer may consider tips as part of wages, but such a tip credit must not exceed thirty-
       three percent of the minimum wage. The employer who elects to use the tip credit provision must inform
       the employee in advance and must maintain written records showing that the employee receives at least
       the minimum wage when direct wages and the tip credit allowance are combined. 2. Tip pooling is
       allowed only among the tipped employees. A vote of tipped employees to allow tip pooling must be
       taken, and fifty percent plus one of all tipped employees must approve it. The employer must maintain a
       written record of each vote on tip pooling, including names of employees voting and the vote totals. A
       vote on whether to pool tips is required if requested by fifty-one percent or more of the tipped employees.
       The tipped employees shall provide documentation verifying the request. Time spent in meetings called
       by the employees exclusively for tip issues is not work-time. 3.Tipped employees employed in the
       nonprofit gaming industry means all employees who are employed as gaming attendants by a gaming
       organization licensed under North Dakota Century Code section 53-06.1-03. a. Gaming sites that
       regularly have four or fewer tipped employees on duty can require tip pooling among all tipped
       employees at the site. b. A gaming organization licensed under North Dakota Century Code section 53-
       06.1-03 may require tip pooling by blackjack (twenty-one) dealers at an authorized site as provided in
       North Dakota century Code 53-06.1.10. This tip-pooling requirement only pertains to any employee, pit
       boss, or supervisor when actually dealing blackjack (twenty-one). c. Pit bosses or supervisors at gaming
       sites are not tipped employees and cannot be part of the tip pool when performing functions of those
       positions other than dealing blackjack (twenty-one).

       34-06-15. The commissioner may issue to an employee whose productive capacity for the work to be
       performed is impaired by physical or mental disability, or to any student or learner enrolled in a
       vocational education or related program, a special license authorizing the employment of that licensee at
       less than the minimum wage. The commissioner may also issue special licenses to community
       rehabilitation programs for the handicapped which engage in the occupation and responsibility of
       representing and placing for the purpose of training, learning, or employment of those employees whose
       productive capacity for the work to be performed is impaired by physical or mental disability. The
       commissioner shall issue such licenses under rules adopted by the commissioner.
Ohio   4111.01 "Employer" is any governmental entity, business association, or person or group of persons
       acting in the interest of an employer in relation to an employee. "Employee" is any individual employed
       by an employer, but does not included individuals employed: by the United States; as a baby sitter or
       live-in companion (whose principal duties do not include housekeeping); in outside sales compensated by
       commissions; in services of a charitable nature; at a camp or recreational area for minors, if operated by a
       nonprofit organization; employees of a solely family owned and operated business who are family
       members of an owner. "Wage" is compensation due to an employee by reason of his employment,
       payable in legal tender or check on banks convertible to cash, including direct deposit. Wages also
       include the reasonable cost to employers for furnishing to an employee board, lodging, or other facilities,
       if customarily furnished. "Overtime" shall be paid at one and one-half the employee's wage rate for hours
       worked over 40 in a pre-established work week, consisting of not more than seven consecutive days.
       "Pay Period" employees are entitled to wages no less than on or before the 15th and 30th of each month.

       4111.02 Every employer, as defined in Section 34a of Article II, Ohio Constitution, shall pay each of the
       employer's employees at a wage rate of not less than $7.70 per hour for non-tipped employees and $3.85
       per hour for tipped employees as specified in Section 34a of Article II, Ohio Constitution. The director of
       commerce annually shall adjust the wage rate as specified in Section 34a of Article II, Ohio Constitution.
       As used in this section, "employee" has the same meaning as in section 4111.14 of the Revised Code.
       The Director of the Ohio Department of Commerce, pursuant to Ohio Revised Code section 4111.06,
       may authorize a special license for payment of less than the applicable minimum wage rate for those
       employing disabled workers. This is done by means of obtaining one of the following types of licenses:
       Work Activity Center Programs; Sheltered Workshop Program; On-The-Job Training Temporary
       Individual; Individual Regular Business or Industry; or Individual Program Rate in a Facility.
[Editor’s Note: For those employees whose employers gross $283,000 or less per year and for minors
ages 14 and 15 years old, the minimum wage is $7.25 per hour, which is tied to the federal rate.]

4111.07 The director of commerce may adopt rules under section 4111.05 of the Revised Code,
permitting employment of apprentices at a wage rate not less than eighty-five per cent of the minimum
wage rate applicable under sections 4111.01 to 4111.17 of the Revised Code. The rules shall provide for
licenses to be issued for periods not to exceed ninety days and authorizing employment at the wages of
specific individuals or groups of employees, or by specific employers or groups of employers, pursuant
to the rules.

4111.06 In order to prevent curtailment of opportunities for employment, to avoid undue hardship, and to
safeguard the minimum wage rates under sections 4111.01 to 4111.17 of the Revised Code, the director
of commerce shall adopt rules under section 4111.05 of the Revised Code, permitting employment in any
occupation at wages lower than the wage rates applicable under sections 4111.01 to 4111.17 of the
Revised Code, of individuals whose earning capacity is impaired by physical or mental deficiencies or
injuries. The rules shall provide for licenses to be issued authorizing employment at the wages of specific
individuals or groups of employees, or by specific employers or groups of employers, pursuant to the
rules. The rules shall not conflict with the "Americans with Disabilities Act of 1990," 104 Stat. 328, 42
U.S.C.A. 12111, et seq.

4111.01 "Wage" also includes the reasonable cost to the employer of furnishing to an employee board,
lodging, or other facilities, if the board, lodging, or other facilities are customarily furnished by the
employer to the employer's employees. The cost of board, lodging, or other facilities shall not be
included as part of wage to the extent excluded therefrom under the terms of a bona fide collective
bargaining agreement applicable to the employee.

122.452 The director of development shall not enter into any agreement for granting a loan or insuring a
mortgage unless the agreement specifies that all wages paid to laborers and mechanics employed for
work on such projects shall be paid at the prevailing rates of wages of laborers and mechanics for the
class of work called for by such project, which wages shall be determined in accordance with the
requirements of Chapter 4115. of the Revised Code for determination of prevailing wage rates, provided
that the requirements of this section do not apply where the federal government or any of its agencies
furnishes by loan or grant all or any part of the funds used in connection with such project and prescribes
predetermined minimum wages to be paid to such laborers and mechanics; and providing further that
should a nonpublic user beneficiary of the project undertake, as part of the project, construction to be
performed by its regular bargaining unit, employees who are covered under a collective bargaining
agreement which was in existence prior to the date of the commitment instrument undertaking to insure a
mortgage or grant a loan then, in that event, the rate of pay provided under the collective bargaining
agreement may be paid to such employees. (http://198.234.41.198/w3/webwh.nsf?Opendatabase)

4115.05 The prevailing rate of wages to be paid for a legal day’s work, as prescribed in section 4115.04
of the Revised Code, to laborers, workers, or mechanics upon public works shall not be less at any time
during the life of a contract for the public work than the prevailing rate of wages then payable in the
same trade or occupation in the locality where such public work is being performed, under collective
bargaining agreements or understandings, between employers and bona fide organizations of labor in
force at the date the contract for the public work, relating to the trade or occupation, was made, and
collective bargaining agreements or understandings successor thereto. Serving laborers, helpers,
assistants and apprentices shall not be classified as common labor and shall be paid not less at any time
during the life of a contract for the public work than the prevailing rate of wages then payable for such
labor in the locality where the public work is being performed, under or as a result of collective
bargaining agreements or understandings between employers and bona fide organizations of labor in
force at the date the contract for the public work, requiring the employment of serving laborers, helpers,
assistants, or apprentices, was made, and collective bargaining agreements or understandings successor
thereto. Apprentices will be permitted to work only under a bona fide apprenticeship program if such
program exists and is registered with the Ohio apprenticeship council.The allowable ratio of apprentices
to skilled workers permitted to work shall not be greater than the ratio allowed the contractor or
subcontractor in the collective bargaining agreement or understanding referred to in this section under
which the work is being performed. In the event there is no such collective bargaining agreement or
understanding in the immediate locality, then the prevailing rates of wages in the nearest locality in
which such collective bargaining agreements or understandings are in effect shall be the prevailing rate
of wages, in such locality, for the various occupations covered by sections 4115.03 to 4115.16 of the
Revised Code.The prevailing rate of wages to be paid for a legal day’s work, to laborers, workers, or
mechanics, upon any material to be used in or in connection with a public work, shall be not less than the
prevailing rate of wages payable for a day’s work in the same trade or occupation in the locality within
the state where such public work is being performed and where the material in its final or completed
form is to be situated, erected, or used. Every contract for a public work shall contain a provision that
each laborer, worker, or mechanic, employed by such contractor, subcontractor, or other person about or
           upon such public work, shall be paid the prevailing rate of wages provided in this section. No contractor
           or subcontractor under a contract for a public work shall sublet any of the work covered by such contract
           unless specifically authorized to do so by the contract. Where contracts are not awarded or construction
           undertaken within ninety days from the date of the establishment of the prevailing rate of wages, there
           shall be a redetermination of the prevailing rate of wages before the contract is awarded. Upon receipt
           from the director of commerce of a notice of a change in prevailing wage rates, a public authority shall,
           within seven working days after receipt thereof, notify all affected contractors and subcontractors with
           whom the public authority has contracts for a public improvement of the changes and require the
           contractors to make the necessary adjustments in the prevailing wage rates. If the director determines that
           a contractor or subcontractor has violated sections 4115.03 to 4115.16 of the Revised Code because the
           public authority has not notified the contractor or subcontractor as required by this section, the public
           authority is liable for any back wages, fines, damages, court costs, and attorney’s fees associated with the
           enforcement of said sections by the director for the period of time running until the public authority gives
           the required notice to the contractor or subcontractor. On the occasion of the first pay date under a
           contract, the contractor or subcontractor shall furnish each employee not covered by a collective
           bargaining agreement or understanding between employers and bona fide organizations of labor with
           individual written notification of the job classification to which the employee is assigned, the prevailing
           wage determined to be applicable to that classification, separated into the hourly rate of pay and the
           fringe payments, and the identity of the prevailing wage coordinator appointed by the public authority.
           The contractor or subcontractor shall furnish the same notification to each affected employee every time
           the job classification of the employee is changed.

           4115.06 Contract to contain provision requiring payment of certain wage rate.

           In all cases where any public authority fixes a prevailing rate of wages under section 4115.04 of the
           Revised Code, and the work is done by contract, the contract executed between the public authority and
           the successful bidder shall contain a provision requiring the successful bidder and all his subcontractors
           to pay a rate of wages which shall not be less than the rate of wages so fixed. The successful bidder and
           all his subcontractors shall comply strictly with the wage provisions of the contract.

           Where a public authority constructs a public improvement with its own forces, such public authority shall
           pay a rate of wages which shall not be less than the rate of wages fixed as provided in section 4115.04 of
           the Revised Code, except in those instances provided for in sections 723.52, 5517.02, 5575.01, and
           5543.19 of the Revised Code.

           [Editors Note] Effective July 1, 2006 the new living wage rate for Lakewood is $10.28 per hour if health
           care benefits are provided and $11.39 per hour if no benefits are provided.
Oklahoma   197.2 Except as otherwise provided in the Oklahoma Minimum Wage Act [Sec. 197.1 et seq.], no
           employer within the State of Oklahoma shall pay any employee a wage of less than the current federal
           minimum wage of $7.25 for all hours worked.

           197.5. Every employer shall pay to each of his employees who have reached eighteen (18) years of age
           wages at a rate of not less than Two Dollars ($2.00) per hour. Regardless of other provisions of the
           Oklahoma Minimum Wage Act [Sec. 197.1 et seq.], every employee of the State of Oklahoma or any
           lessee or concessionaire thereof is hereby specifically covered by the Oklahoma Minimum Wage Act.

           197.11. The Commissioner, to the extent necessary in order to prevent curtailment of opportunities for
           employment, shall by regulations provide for: (a) the employment of learners, of apprentices, and of
           messengers employed primarily in delivering letters and messages, under special certificates issued
           pursuant to regulations of the Commissioner, at such wages lower than the minimum wage applicable
           and subject to such limitations as to time, number, proportion, and length of service as the Commissioner
           shall prescribe; and (b) the employment of individuals whose earning capacity is impaired by age or
           physical or mental deficiency or injury, under special certificates issued by the Commissioner, at such
           wages lower than the minimum wage and for such period as shall be fixed in such certificates; and (c)
           any individual employed by any state, county, city, town, municipal corporation or quasi-municipal
           corporation, political subdivision, or any instrumentality thereof; and (d) students and regular attendants
           at any institution of higher learning, either public or private.

           197.16. To compute the minimum wage of any employee coming within the purview of this act, credit
           toward the minimum required wage must be given for any tips or gratuities, meals or lodging received by
           the employee up to but not exceeding fifty percent (50%) of said wage.

           197.17. Business establishments that furnish uniforms to their employees may take credit against the
           minimum wage in an amount equal to the reasonable cost of furnishing the uniforms.
Oregon     653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of
Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the
employee is gainfully employed, no employer shall employ or agree to employ any employee at wages
computed at a rate lower than $8.50 per hour for calendar year 2011 (2) (a) The Oregon minimum wage
shall be adjusted annually for inflation, as provided in subsection (2) (b) below. (b) No later than
September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an
adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any)
from August of the preceding year to August of the year in which the calculation is made in the U.S. City
Average Consumer price Index for All Urban Consumers for All Items as prepared by the Bureau of
Labor Statistics of the United States Department of Labor or its successor.(c) The wage amount
established under this subsection shall:(A) Be rounded to the nearest five cents; and (B) Become
effective as the new Oregon minimum wage, replacing the dollar figure specified in ORS 653.025(1), on
January 1 of the following year.

653.035 (1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025,
653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the
employer for the private benefit of the employee. (2) Employers may include commission payments to
employees as part of the applicable minimum wage for any pay period in which the combined wage and
commission earnings of the employee will comply with ORS 653.010 to 653.261. In any pay period
where the combined wage and commission payments to the employee do not add up to the applicable
minimum wage under ORS 653.010 to 653.261, the employer shall pay the minimum rate as prescribed
in ORS 653.010 to 653.261. (3) Employers, including employers regulated under the Federal Fair Labor
Standards Act, may not include any amount received by employees as tips in determining the amount of
the minimum wage required to be paid by ORS 653.010 to 653.261.

653.070 (1) As used in this section: (a) "Bona fide professional training program" includes any
professional training program approved by the Superintendent of Public Instruction pursuant to rules of
the State Board of Education which provides for part-time employment training which may be scheduled
for a part of the workday or workweek, for alternating weeks or for other limited periods during the year,
supplemented by and integrated with a definitely organized plan of instruction designed to teach
technical knowledge and related information given as a regular part of the student-learner's course by an
accredited school, college or university. (b) "Student-learner" means a student who is receiving
instruction in an accredited school, college or university and who is employed on a part-time basis,
pursuant to a bona fide professional training program. (2) Notwithstanding ORS 653.025, employers
shall pay student-learners at least 75 percent of the minimum wage prescribed by ORS 653.025. (3) The
number of hours of employment training for a student-learner at subminimum wages, when added to the
hours of school instruction, shall not exceed eight hours on any day or 40 hours in any week. (4) The
Commissioner of the Bureau of Labor and Industries may adopt rules prescribing the procedures and
requirements for application and issuance of special certificates authorizing the employment of student-
learners at subminimum wages. The rules shall require that the following conditions be satisfied before
the issuance of such special certificates: (a) The employment of the student-learner at subminimum
wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for
employment. (b) The occupation for which the student-learner is receiving preparatory training must
require a sufficient degree of skill to necessitate a substantial learning period. (c) The training must not
be for the purpose of acquiring manual dexterity and high production speed in repetitive operations. (d)
The employment of a student-learner must not have the effect of displacing a worker employed in the
establishment. (e) The employment of the student-learners at subminimum wages must not tend to impair
or depress the wage rates or working standards established for experienced workers for work of a like or
comparable character. (f) The occupational needs of the community or industry warrant the training of
student-learners.(g) There are no serious outstanding violations of the provisions of a student-learner
certificate previously issued to the employer, or serious violations of any other provisions of law by the
employer which provide reasonable grounds to conclude that the terms of the certificate would not be
complied with, if issued. (h) The issuance of such a certificate would not tend to prevent the development
of apprenticeship under ORS chapter 660 or would not impair established apprenticeship standards in the
occupation or industry involved. (i) The number of student-learners to be employed in one establishment
must not be more than a small proportion of its working force.

279.350 Workers on public works to be paid not less than prevailing rate of wage; posting of rates and
health and welfare plan provisions.--(1) The hourly rate of wage to be paid by any contractor or
subcontractor to workers upon all public works shall be not less than the prevailing rate of wage for an
hour's work in the same trade or occupation in the locality where such labor is performed. The obligation
of a contractor or subcontractor to pay the prevailing rate of wage may be discharged by making the
payments in cash, by the making of contributions of a type referred to in ORS 279.348(4)(a), or by the
assumption of an enforceable commitment to bear the costs of a plan or program of a type referred to in
ORS 279.348(4)(b), or any combination thereof, where the aggregate of any such payments,
contributions and costs is not less than the prevailing rate of wage.
(http://www.boli.state.or.us/wage/whprev.html)
               279C.825. (1)(a) The Commissioner of the Bureau of Labor and Industries, by order shall establish a fee
               to be paid by the public agency that awards a public works contract subject to ORS 279C.800 to
               279C.870. The commissioner shall use the fee to pay the costs of:(A) Surveys to determine the prevailing
               rates of wage;(B) Administering and providing investigations under and enforcement of ORS 279C.800
               to 279C.870; and(C) Providing educational programs on public contracting law under the Public
               Contracting Code. (b) The commissioner shall establish the fee at 0.1 percent of the contract price.
               However, in no event may a fee be charged and collected that is less than $250 or more than $7,500. (2)
               The commissioner shall pay moneys received under this section into the State Treasury. The moneys
               shall be credited to the Prevailing Wage Education and Enforcement Account created by ORS 651.185.
               (3) The public agency shall pay the fee at the time the public agency enters into the public works
               contract. SECTION 2. Section 8, chapter 844, Oregon Laws 2007, is repealed. SECTION 3. This 2009
               Act being necessary for the immediate preservation of the public peace, health and safety, an emergency
               is declared to exist, and this 2009 Act takes effect on its passage.

               653.025. 1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of
               Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the
               employee is gainfully employed, no employer shall employ or agree to employ any employee at wages
               computed at a rate lower than: $8.80 per hour effective with calendar year beginning January 1, 2012.
               (2) (a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in subsection (2)
               (b) below. (b) No later than September 30 of each year, beginning in calendar year 2003, the
               commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section
               based upon the increase (if any) from August of the preceding year to August of the year in which the
               calculation is made in the U.S. City Average Consumer price Index for All Urban Consumers for All
               Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its
               successor.(c) The wage amount established under this subsection shall:(A) Be rounded to the nearest five
               cents; and (B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified
               in ORS 653.025(1), on January 1 of the following year.

               [Editors Note:] Effective July 1, 2007 contractors in the city of Corvallis wit contracts for services in
               excess of $10,000 in any 12-month period, are required to pay a living wage rate or a combination of
               wages and healthcare benefits totaling at least $10.72 per hour.

               [Editors Note] Effective July 1, 2006 the living wage rate for the City of Corvallis is set at $10.47 per
               hour.

               839-025-0700 (1) Pursuant to ORS 279C.815, the Commissioner of the Bureau of Labor and Industries
               has determined that the wage rates stated in publications of the Bureau of Labor and Industries entitled
               Prevailing Wage Rates on Public Works Contracts in Oregon and Prevailing Wage Rates for Public
               Works Contracts in Oregon subject to BOTH the state PWR and federal Davis-Bacon Act dated January
               1, 2009, are the prevailing rates of wage for workers upon public works in each trade or occupation in the
               locality where work is performed for the period beginning January 1, 2009, and the effective dates of the
               applicable special wage determination and rates amendments: (a) Amendments/Corrections to January 1,
               2009 PWR Rates for Public Works Contracts in Oregon subject to BOTH State PWR Law and federal
               Davis-Bacon Act (reflecting changes to Davis-Bacon rates effective December 19, 2008). (b)
               Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon subject
               to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-Bacon rates
               effective January 2, 2009). (c) Amendments/Corrections to January 1, 2009 PWR Rates for Public
               Works Contracts in Oregon subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting
               changes to Davis-Bacon rates effective February 6, 2009). (d) Amendments/Corrections to January 1,
               2009 PWR Rates for Public Works Contracts in Oregon subject to BOTH State PWR Law and federal
               Davis-Bacon Act (reflecting changes to Davis-Bacon rates effective March 13, 2009).                     (e)
               Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon subject
               to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-Bacon rates
               effective March 20, 2009). (f) Amendment to Oregon Determination 2009-01 (effective April 1, 2009).
               (g) Amendments/Corrections to January 1, 2009 PWR Rates for Public Works Contracts in Oregon
               subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes to Davis-Bacon rates
               effective April 1, 2009). (h) Amendments/Corrections to January 1, 2009 PWR Rates for Public Works
               Contracts in Oregon subject to BOTH State PWR Law and federal Davis-Bacon Act (reflecting changes
               to Davis-Bacon rates effective June 5, 2009). (2) Copies of Prevailing Wage Rates on Public Works
               Contracts in Oregon and Prevailing Wage Rates for Public Works Contracts in Oregon subject to BOTH
               the state PWR and federal Davis-Bacon Act dated January 1, 2009, are available from any office of the
               Wage and Hour Division of the Bureau of Labor and Industries. The offices are located in Eugene,
               Medford, Portland and Salem and are listed in the blue pages of the phone book. Copies are also
               available on the bureau’s webpage at www.oregon.gov/boli or may be obtained from the Prevailing
               Wage Rate Coordinator, Prevailing Wage Rate Unit, Wage and Hour Division, Bureau of Labor and
               Industries, 800 NE Oregon Street #1045, Portland, Oregon 97232; (971) 673-0839.
Pennsylvania   (a) Every employer shall pay to each of his or her employees wages for all hours worked at a rate of not
               less than: (1) Two dollars sixty-five cents ($2.65) an hour upon the effective date of this amendment. (2)
               Two dollars ninety cents ($2.90) an hour during the year beginning January 1, 1979. (3) Three dollars ten
               cents ($3.10) an hour during the year beginning January 1, 1980. (4) Three dollars thirty-five cents
               ($3.35) an hour after December 31, 1980. (5) Three dollars seventy cents ($3.70) an hour beginning
February 1, 1989, and thereafter. (6) Five dollars fifteen cents ($5.15) an hour beginning September 1,
1997. (7) Six dollars twenty-five cents ($6.25) an hour beginning January 1, 2007. (8) Seven dollars
fifteen cents ($7.15) an hour beginning July 1, 2007 (9) seven dollars and twenty five-cents ($7.25) an
hour beginning July 24, 2009. (a.1) If the minimum wage set forth in the Fair Labor Standards Act of
1938 (52 Stat. 1060, 29 U.S.C. §201 et seq.) is increased above the minimum wage required under this
section, the minimum wage required under this section shall be increased by the same amounts and
effective the same date as the increases under the Fair Labor Standards Act, and the provisions of
subsection (a) are suspended to the extent they differ from those set forth under the Fair Labor Standards
Act. (b) The secretary, to the extent necessary to prevent curtailment of employment opportunities, shall
by regulations provide for the employment of learners and students, under special certificates at wages
lower than the minimum wage applicable under this section, and subject to such limitations as to number,
proportion and length of service as the secretary shall prescribe: Provided, That the minimum wage
prescribed under this subsection (b) shall not be less than eighty-five percent of the otherwise applicable
wage rate in effect under section 4. A special certificate issued under this subsection shall provide that
for six or less students for whom it is issued shall, except during vacation periods, be employed on a part-
time basis and not in excess of twenty hours in any workweek at a sub-minimum rate. In the case of an
employer who intends to employ seven or more students, at a sub-minimum rate, the secretary may issue
a special certificate only if the employer certifies to the secretary that employment of such students will
not create a substantial probability of reducing the full-time employment opportunities for other workers.
(c) Employees shall be paid for overtime not less than one and one-half times the employee's regular rate
as prescribed in regulations promulgated by the secretary: Provided, That students employed in seasonal
occupations as defined and delimited by regulations promulgated by the secretary may, by such
regulations, be excluded from the overtime provisions of this act: And provided further, That the
secretary shall promulgate regulations with respect to overtime subject to the limitations that no pay for
overtime in addition to the regular rate shall be required except for hours in excess of forty hours in a
workweek. (d) An employee whose earning capacity is impaired by physical or mental deficiency or
injury may be paid less than the applicable minimum wage if either a license specifying a wage rate
commensurate with the employee's productive capacity has been obtained by the employer from the
secretary or a Federal certificate is obtained under section 14(c) of the Fair Labor Standards Act of 1938
(52 Stat. 1060, 29 U.S.C. §201 et seq.). A license obtained from the secretary shall be granted only upon
joint application of employer and employee. (e) In lieu of the minimum wage prescribed in subsection (a)
and section 5(c) and notwithstanding subsections (b) and (d), an employer may, during the first sixty
calendar days when an employee under the age of twenty years is initially employed, pay the employee
training wages at a rate of not less than the minimum wage set forth in section 6(a) of the Fair Labor
Standards Act (29 U.S.C. § 206(a)). A person employed at the training wage under this subsection shall
be informed of the amount of the training wage and the right to receive the full minimum wage, or a
higher wage, upon completion of the training period. No employer may take any action to displace
existing employees, including partial displacements such as reduction in the hours, wages or employment
benefits of existing employees, for purposes of hiring individuals at the training wage authorized by this
subsection. (4 amended July 9, 2006, P.L.1077, No.112) Section 5. (a) Employment in the following
classifications shall be exempt from both the minimum wage and overtime provisions of this act: (1)
Labor on a farm; (2) Domestic services in or about the private home of the employer; (3) Delivery of
newspapers to the consumer; (4) In connection with the publication of any weekly, semiweekly, or daily
newspaper with a circulation of less than four thousand, the major part of which circulation is within the
county where published or counties contiguous thereto; (5) In a bona fide executive, administrative, or
professional capacity (including any employee employed in the capacity of academic administrative
personnel or teacher in elementary or secondary schools) or in the capacity of outside salesman (as such
terms are defined and delimited from time to time by regulations of the secretary, except that an
employee of a retail or service establishment shall not be excluded from the definition of employee
employed in a bona fide executive or administrative capacity because of the number of hours in his or her
workweek which he or she devotes to activities not directly or closely related to the performance of
executive administrative activities, if less than forty percent of his or her hours worked in the workweek
are devoted to such activities); (6) In the activities of an educational, charitable, religious or nonprofit
organization where the employer-employee relationship does not in fact exist or where the services are
rendered to such organization gratuitously; (7) In seasonal employment, if the employee is under
eighteen years of age, or if a student under twenty-four years of age, by a nonprofit health or welfare
agency engaged in activities dealing with handicapped or exceptional children or by a nonprofit day or
resident seasonal recreational camp for campers under the age of eighteen years, which operates for a
period of less than three months in any one year; (8) ((8) repealed Dec. 15, 1988, P.L. 1232, No. 150) (9)
In employment by an establishment which is a public amusement or recreational establishment,
organized camp, or religious or nonprofit educational conference center, if (i) it does not operate for
more than seven months in any calendar year, or (ii) during the preceding calendar year, its average
receipts of any six months of such year were not more than thirty-three and one-third percent of its
average receipts for the other six months of such year; (10) Golf caddy; (11) In employment as a
switchboard operator employed by an independently owned public telephone company which has not
more than seven hundred and fifty stations; (12) Employees not subject to civil service laws who hold
elective office or are on the personal staff of such an officeholder, are immediate advisers to him or her,
or are appointed by him or her to serve on a policy-making level. (b) Employment in the following
               classifications shall be exempt from the overtime provisions of this act: (1) Seaman; (2) Any salesman,
               partsman, or mechanic primarily engaged in selling and servicing automobiles, trailers, trucks, farm
               implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the
               business of selling such vehicles to ultimate purchasers; (3) Any driver employed by an employer
               engaged in the business of operating taxicabs; (4) Any employee employed as an announcer, news editor,
               or chief engineer by a radio or television station, the major studio of which is located (i) in a city or town
               of one hundred thousand population or less, according to the latest available decennial census figures as
               compiled by the Bureau of the Census, except where such city or town is part of a standard metropolitan
               statistical area, as defined and designated by the Bureau of the Budget, which has a total population in
               excess of one hundred thousand, or (ii) in a city or town of twenty-five thousand population or less,
               which is part of such an area but is at least forty airline miles from the principal city in such area; (5) Any
               employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; (6)
               Employment by an establishment which is a motion picture theatre; (7) Any employee of a motor carrier
               with respect to whom the Federal Secretary of Transportation has power to establish qualifications and
               maximum hours of service under 49 U.S.C. §3102(b)(1) and (2) (relating to requirements for
               qualifications, hours of service, safety and equipment standards). (c) (1) Notwithstanding the provisions
               of section 4(a)(7) and (8), an employer unless otherwise exempt from the minimum wage provisions of
               section 4(a)(6) whose employee complement is composed of the equivalent of ten or less full-time
               employees to be calculated on a forty-hour workweek shall pay: (i) Five dollars sixty-five cents ($5.65)
               an hour beginning January 1, 2007. (ii) Six dollars sixty-five cents ($6.65) an hour beginning July 1,
               2007. (2) Such employer shall pay the full amount of the minimum wage under section 4(a)(8) beginning
               July 1, 2008.

               [Editors Note] The new living wage rate for the city of Philadelphia is $7.73 per hour.
Rhode Island   28-12-3. Minimum wages. -- (a) Every employer shall pay to each of his or her employees: commencing
               July 1, 1999, at least the minimum wage of five dollars and sixty five cents ($5.65) per hour.
               Commencing September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. (b)
               Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents ($6.75) per hour.
               (c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) per hour. (d)
               Commencing January 1, 2007, the minimum wage is seven dollars and forty cents ($7.40) per hour. (e)
               Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five cents ($7.75) per
               hour.

               28-12-5 a) Every employer shall pay to each of his or her employees who are engaged in any work or
               employment in which gratuities have customarily and usually constituted a part of his or her weekly
               income the rate as provided by sections 28-12-3 and 28-12-3.1. (b) Allowance for gratuities as part of the
               hourly wage rate for restaurants, hotels, and other industries except taxicabs and limited public motor
               vehicles shall be an amount equal to the applicable minimum wage rates as provided by sections 28-12-3
               and 28-12-3.1 less two dollars and eighty-nine cents ($2.89) per hour. Gratuities shall mean voluntary
               monetary compensation received directly or indirectly by the employee for services rendered. In the case
               of taxicabs and limited public vehicles, the allowance for gratuities as part of the minimum rates as
               provided in section 28-12-3 shall not exceed twenty-five cents (25/c) per hour until December 31, 1996.
               (c) Each employer desiring to deduct from wages paid to an employee for gratuities as part of the
               minimum wage rates as provided in sections 28-12-3 and 28-12-3.1 shall provide substantial evidence
               that the amount is as set out in the formula in (b), however, the cash wage shall not be less than two
               dollars and eighty-nine cents ($2.89) per hour. The director of labor and training shall notify employers
               concerning what type of proof will be accepted as substantial evidence for the purpose of this subsection.
               Employees involved are entitled to a hearing on the question of the amount of deduction if they desire.
               (d) In cases where wages are figured by the employer on an incentive basis in such a manner that an
               employee of reasonable average ability earns at least the minimum wage established by sections 28-12-3
               and 28-12-3.1, it shall be taken that the employer has complied with this statute. It shall be of no concern
               to the director of labor and training how the employer arrives at its wage scale so long as it is not
               unreasonable in its demands on the employee. (e) Where, in the case of the employment of a full-time
               student who has not attained his or her nineteenth (19th) birthday engaged in the activities of a nonprofit
               association or corporation, whose aims and objectives are of a religious, educational, librarial, or
               community service in nature, the employer-employee relationship does exist the employer shall pay to
               each such employee wages at a rate of not less than ninety percent (90%) of the minimum wage as
               specified in section 28-12-3. In case of any conflict between provisions of this section and those of
               section 28-12-3.1, the provisions of section 28-12-3.1 shall govern.

               28-12-9 Individuals whose earning capacity is impaired by physical or mental disability may be
               employed in any occupation at wages lower than the wage rates applicable under this chapter. The
               director of labor and training may provide for such employment by regulation, after public hearing at
               which any person may be heard, as he or she may find appropriate to prevent curtailment of opportunities
               for employment, to avoid undue hardship, and to safeguard the applicable wage rates under this chapter.
               No employee shall be employed at wages fixed pursuant to this section except under a special license
                    issued under applicable regulations of the director of labor and training.

                    28-12-10 Notwithstanding any order or regulation previously issued under chapter 289 of the general
                    laws of 1938, as amended, learners and apprentices may be employed in an occupation at wages lower
                    than the wage rates applicable under this chapter for learners and apprentices. The director of labor and
                    training may provide for such employment by regulation, after a public hearing at which any employee
                    may be heard, as he or she finds appropriate to prevent curtailment of opportunities for employment, and
                    to safeguard the wage rates applicable under this chapter. No employee shall be employed at wages fixed
                    pursuant to this section except under special license issued under applicable regulation of the director of
                    labor. After a learner or apprentice has been employed for ninety (90) days, he or she shall be paid the
                    rate provided in §28-12-3, notwithstanding any order or administrative regulation previously issued
                    under chapter 289 of the general laws of 1938.

                    37-13-7 a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to which the
                    state of Rhode Island or any political subdivision thereof or any public agency or quasi-public agency is a
                    party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or
                    public works of the state of Rhode Island or any political subdivision thereof, or any public agency or
                    quasi-public agency and which requires or involves the employment of employees, shall contain a
                    provision stating the minimum wages to be paid various types of employees which shall be based upon
                    the wages that will be determined by the director of labor and training to be prevailing for the
                    corresponding types of employees employed on projects of a character similar to the contract work in the
                    city, town, village, or other appropriate political subdivision of the state of Rhode Island in which the
                    work is to be performed. Every contract shall contain a stipulation that the contractor or his or her
                    subcontractor shall pay all the employees employed directly upon the site of the work, unconditionally
                    and not less often than once a week, and without subsequent deduction or rebate on any account, the full
                    amounts accrued at time of payment computed at wage rates not less than those stated in the call for bids,
                    regardless of any contractual relationships which may be alleged to exist between the contractor or
                    subcontractor and the employees, and that the scale of wages to be paid shall be posted by the contractor
                    in a prominent and easily accessible place at the site of the work; and the further stipulation that there
                    may be withheld from the contractor so much of the accrued payments as may be considered necessary to
                    pay to the employees employed by the contractor, or any subcontractor on the work, the difference
                    between the rates of wages required by the contract to be paid the employees on the work and the rates of
                    wages received by the employees and not refunded to the contractor, subcontractors, or their agents.
                    (http://www.dlt.ri.gov/pw/)
South Carolina The state of South Carolina does not have a state minimum wage, however employers are required to
                    apply federal rate, which is currently set at $7.25 an hour.
South Dakota        60-11-3 Every employer shall pay to each employee wages at a rate of not less than seven dollars and
                    twenty-five cents an hour. Violation of this section is a Class 2 misdemeanor.
                    The provisions of this section do not apply to certain employees being paid an opportunity wage pursuant
                    to § 60-11-4.1, babysitters, or outside salespersons. The provisions of this section also do not apply to
                    employees employed by an amusement or recreational establishment, an organized camp, or a religious
                    or nonprofit educational conference center if one of the following apply: (1) The establishment, camp, or
                    center does not operate for more than seven months in any calendar year; or (2) During the preceding
                    calendar year, the average receipts of the establishment, camp, or center for any six months of the
                    calendar year were not more than thirty-three and one-third percent of its average receipts for the other
                    six months of the year.

                     60-11-3.1. Any employer of a tipped employee shall pay a cash wage of not less than two dollars and
                    thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage
                    obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and
                    thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference
                    as additional wages for each regular pay period of the employer. A tipped employee is one engaged in
                    an occupation in which the employee customarily and regularly receives more than thirty-five dollars a
                    month in tips or other considerations. This section does not apply to babysitters or outside salespersons.
                    This section also does not apply to employees employed by an amusement or recreational establishment,
                    an organized camp, or a religious or nonprofit educational conference center if one of the following
                    apply: (1) The establishment, camp, or center does not operate for more than seven months in any
                    calendar year; or (2) During the preceding calendar year, the average receipts of the establishment,
                    camp, or center for any six months of the calendar year were not more than thirty-three and one-third
                    percent of its average receipts for the other six months of the year. Section 3. Whereas, this Act is
                    necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby
                    declared to exist, and this Act shall be in full force and effect from and after its passage and approval.
                    An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

                    60-11-4.1. Any employee who is under twenty years of age may be paid an opportunity wage as defined
            in section 6 of the Fair Labor Standards Amendments of 1996 as of October 1, 1996.

            60-11-5 The provisions of §§60-11-3 and 60-11-4 shall not apply to apprentices, nor to persons learning
            the business or work in which employed, nor to a person mentally or physically deficient provided the
            department of labor of South Dakota shall issue a permit for their employment fixing the wage or
            compensation of such person.
Tennessee   The state of Tennessee does not have a state minimum wage, however employers are required to apply
            federal rate, which is currently set at $7.25 an hour.

            12-4-403 a) It is hereby declared to be the policy of this state that the prevailing wage rate be determined
            by defined standards and that such rate be paid workers on all state construction projects. (b) Any
            contractor entering into a state contract for the performance of work on state construction projects shall
            pay not less than the prevailing wage rate for all types and classifications of such work as determined by
            the provisions of this part. (http://www.state.tn.us/labor-wfd/prevail.html)
Texas       62.051 Except as provided by Section 62.057, an employer shall pay to each employee the federal
            minimum wage of $7.25 per hour under Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section
            206).

            62.052 a) In determining the wage of a tipped employee, the amount paid the employee by the employer
            is the amount described as paid to a tipped employee under Section 3(m), Fair Labor Standards Act of
            1938 (29 U.S.C. Section 203(m)). (b) In this section, "tipped employee" means an employee engaged in
            an occupation in which the employee customarily and regularly receives more than $20 a month in tips.

            62.053 In computing the wage paid to an employee, an employer may include the reasonable cost to the
            employer of furnishing meals, lodging, or both to the employee if: (1) meals or lodging customarily are
            furnished by the employer to employees; and (2) the cost of the meals and lodging are separately stated
            and identified in the earnings statement furnished to the employee under Section 62.003.

            62.055 a) A person may be employed at a wage less than the applicable minimum wage under this
            chapter but not less than 60 percent of the minimum wage if: (1) the person's earning or productive
            capacity is impaired by age, physical or mental deficiency, or injury; or (2) the person is over 65 years of
            age. (b) Subsection (a) does not apply to a person employed as an agricultural piece rate worker.

            62.057 a) A person may be compensated for services rendered to the Texas Department of Mental Health
            and Mental Retardation or a department facility at a percentage of the base wage adopted under this
            section if: (1) the person is a patient or client of a department facility; (2) the person's productive capacity
            is impaired; (3) the person: (A) assists in the operation of the facility as part of the person's therapy; or
            (B) receives occupational training in a sheltered workshop or other program operated by the department;
            and (4) the facility or department derives an economic benefit from the person's services. (b) The
            percentage of the base wage paid to a person under Subsection (a) must correspond to the percentage of
            the person's productive capacity compared with the capacity of an employee who performs the same or
            similar tasks and who is not similarly impaired. (c) The department shall adopt rules to determine the
            base wage and the percentage of productive capacity of the patients and clients and other rules necessary
            to implement this section. (d) Services rendered and payment provided under this section may not be
            construed as creating an employer-employee relationship between the department and the patient or
            client engaged in occupational training or therapeutic or rehabilitative services.

            2258.021 (a) A worker employed on a public work by or on behalf of the state or a political subdivision
            of the state shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a
            similar character in the locality in which the work is performed; and (2) not less than the general
            prevailing rate of per diem wages for legal holiday and overtime work. (b) Subsection (a) does not apply
            to maintenance work. (c) A worker is the execution employed on a public work for the purposes of this
            section if the worker is employed by a contractor or subcontractor in of a contract for the public work
            with the state, a political subdivision of the state, or any officer or public body of the state or a political
            subdivision of the state. (http://www.capitol.state.tx.us/statutes/go/go0225800toc.html)
Utah        610-1-3 A. All employers employing workers in the state of Utah, except those exempted by Section 34-
            40-104, shall pay the established minimum hourly wages of, $7.25 for all hours employed effective
            September 1, 1997. B. As per Sections 34-23-301 and 34-40-103, a minor employee shall be paid at least
            $4.25 per hour for the first 90 days of employment with an employer; thereafter, he or she shall be paid at
            least the established minimum hourly wage. C. Any employer claiming exemption under Subsection 34-
            40-104(1)(j), shall provide to the Division a statistical report of the average wage paid within 60 days of
            the end of the regular operating season. The Division may, upon notice, perform an on-site inspection to
            verify the report in accordance with Sections 34-40-201 and 34-40-203.

            610-1-4 A. An employer may credit the tips received by tipped employees (an example would be waiters
          and waitresses) against the employer's minimum wage obligation. The tips must be received by the
          employee, reported to the employer, and must reach a threshold of at least $30.00 per month before credit
          can be allowed. B. An employer has a cash wage obligation in meeting the required minimum wage of at
          least $2.13 per hour. If an employee's tips combined with the employer's cash wage obligation of $2.13
          per hour do not equal the minimum hourly wage requirement, the employer must increase its cash wage
          obligation to make up the difference. C. All tips or gratuities shall be retained by the employee receiving
          the tips or gratuities. However, this requirement does not preclude pooling of tips or gratuities to be
          divided equally between those employees who customarily and regularly receive tips or gratuities. 1. A
          bona fide tip pooling or sharing arrangement may include employees who customarily and regularly
          receive tips, such as waiters, bellhops, waitresses, countermen, busboys, and service bartenders. 2.
          Employees such as dishwashers, chefs, and janitors are not considered tipped employees and may not
          participate in tip pooling. D. Every employer intending to exercise the tip or gratuity credit must so
          inform each affected employee at the time of hire. E. Where tips are charged on a credit card, and the
          employer must pay the credit card company a percentage of the bill for its use, the employer may reduce
          the amount of the credit card tips paid over to the employee by a percentage no greater than that charged
          by the credit card company. F. In computing the minimum wage, tips, gratuities, and commissions must
          be counted in the payroll period in which the tip, gratuity or commission is earned. G. This section does
          not apply to tips or commissions as delineated in Section 34-40-104(1)(j).
Vermont   384 (a) An employer shall not employ an employee at a rate of less than $8.46, and, beginning January 1,
          2013, and on each subsequent January 1, the minimum wage rate shall be increased by five percent or the
          percentage increase of the Consumer Price Index, CPI-U, U.S. city average, not seasonally adjusted, or
          successor index, as calculated by the U.S. Department of Labor or successor agency for the 12 months
          preceding the previous September 1, whichever is smaller, but in no event shall the minimum wage be
          decreased. The minimum wage shall be rounded off to the nearest $0.01. An employer in the hotel,
          motel, tourist place, and restaurant industry shall not employ a service or tipped employee at a basic
          wage rate less than $4.10 an hour, and beginning January 1, 2013, and on each January 1 thereafter, this
          basic tip wage rate shall be increased at the same percentage rate as the minimum wage rate. For the
          purposes of this subsection, “a service or tipped employee” means an employee of a hotel, motel, tourist
          place, or restaurant who customarily and regularly receives more than $120.00 per month in tips for
          direct and personal customer service. If the minimum wage rate established by the United States
          government is greater than the rate established for Vermont for any year, the minimum wage rate for that
          year shall be the rate established by the United States government. (b) Notwithstanding subsection (a) of
          this section, an employer shall not pay an employee less than one and one-half times the regular wage
          rate for any work done by the employee in excess of 40 hours during a workweek. However, this
          subsection shall not apply to: (1) Employees of any retail or service establishment. A “retail or service
          establishment” means an establishment 75 percent of whose annual volume of sales of goods or services,
          or of both, is not for resale and is recognized as retail sales or services in the particular industry. (2)
          Employees of an establishment which is an amusement or recreational establishment, if: (A) it does not
          operate for more than seven months in any calendar year, or (B) during the preceding calendar year its
          average 1 receipts for any six months of that year were not more than one-third of its average receipts for
          the other six months of the year. (3) Employees of an establishment which is a hotel, motel, or
          restaurant. (4) Employees of hospitals, public health centers, nursing homes, maternity homes,
          therapeutic community residences, and residential care homes as those terms are defined in Title 18,
          provided: (A) the employer pays the employee on a biweekly basis; and (B) the employer files an
          election to be governed by this section with the commissioner; and (C) the employee receives not less
          than one and one-half times the regular wage rate for any work done by the employee: (i) in excess of
          eight hours for any workday; or (ii) in excess of 80 hours for any biweekly period. (5) Those employees
          of a business engaged in the transportation of persons or property to whom the overtime provisions of the
          Federal Fair Labor Standards Act do not apply, but shall apply to all other employees of such businesses.
          (6) Those employees of a political subdivision of this state. (7) State employees, who shall be are
          covered by the U.S. Federal Fair Labor Standards Act. (c) However, an employer may deduct 1 from the
          rates required insubsections (a) and (b) of this section the amounts for board, lodging, apparel,
          rent, or utilities paid or furnished or other items or services or such other conditions or circumstances as
          may be usual in a particular employer-employee relationship, including gratuities as determined by the
          wage order made under this subchapter.

          18. In making up specifications and advertising for bids on highway work, the board shall fix, subject to
          local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per
          hour or per cubic yard for trucks which the contractor shall be bound to pay.
          (http://www.vtlmi.info/stconstr_pw2002.pdf)

          [Editor’s Note:] Effective January 1, 2011, the Vermont Department of Labor has increased the state
          allowed deductions for employer provided meals and lodging. Employers are entitled to deduct from an
          employee's wages earned an allowance for meals and lodging actually furnished and accepted.
             Allowances and increased rates for meals and lodging are as follows:

                   Breakfast, $2.85 daily
                   Lunch, $3.20 daily
                   Dinner, $3.56 daily
                   Full Board, $9.61 daily or $67.29 per week
                   Nightly Lodging, $3.91 daily
                   Full Room, $23.54 weekly
                   Full Room and Board, $81.31 per week.

             [Editors Note] The current living wage for Burlington is $12.02 per hour if benefits are provided and
             $13.49 per hour if benefits are not provided.
Virginia     40.1-28.10 Every employer shall pay to each of his employees wages at a rate not less than the federal
             minimum wage and a training wage as prescribed by the U.S. Fair Labor Standards Act (29 U.S.C. §201
             et seq.). "Wages" means legal tender of the United States or checks or drafts on banks negotiable into
             cash on demand or upon acceptance at full value; provided, wages may include the reasonable cost to the
             employer of furnishing meals and for lodging to an employee, if such board or lodging is customarily
             furnished by the employer, and used by the employee. In determining the wage of a tipped employee, the
             amount paid such employee by his employer shall be deemed to be increased on account of tips by an
             amount determined by the employer, except in the case of an employee who establishes by clear and
             convincing evidence that the actual amount of tips received by him was less than the amount determined
             by the employer. In such case, the amount paid such employee by his employer shall be deemed to have
             been increased by such lesser amount.

             [Editor’s note:] Effective September 15, 2007 the living for Fairfax County is set at $12.75 per hour.

             [Editors Note] Effective July 1, 2006 the new living wage for the city of Alexandria is $12.66 per hour
             for service contracts renewed or initiated during the period of July 1, 2006 through June 30, 2007.
Washington   19.48.06 (1) An employer that imposes an automatic service charge related to food, beverages,
             entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu
             provided to the customer the percentage of the automatic service charge that is paid or is payable directly
             to the employee or employees serving the customer. (2) For purposes of this section:(a) "Employee"
             means non-managerial, nonsupervisory workers, including but not limited to servers, busers, banquet
             houseman, banquet captains, bartenders, bar backs, and porters.(b) "Employer" means employers as
             defined in RCW 49.46.010 that provide food, beverages, entertainment, or porterage, including but not
             limited to restaurants, catering houses, convention centers, and overnight accommodations. c) "Service
             charge" means a separately designated amount collected by employers from customers that is for services
             provided by employees, or is described in such a way that customers might reasonably believe that the
             amounts are for such services. Service charges include but are not limited to charges designated on
             receipts as a "service charge," "gratuity," "delivery charge," or "porterage charge." Service charges are in
             addition to hourly wages paid or payable to the employee or employees serving the customer.

             49.46.20 Beginning January 1, 2012 every employer shall pay to each of his or her employees wages at a
             rate of not less than $9.04 per hour. On each September 30th, the department of labor and industries shall
             calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the
             current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be
             calculated to the nearest cent using the consumer price index for urban wage earners and clerical
             workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by
             the United States department of labor. Each adjusted minimum wage rate calculated under this subsection
             (4)(b) takes effect on the following January 1st.

             49.46.060 The director, to the extent necessary in order to prevent curtailment of opportunities for
             employment, shall by regulations provide for (1) the employment of learners, of apprentices, and of
             messengers employed primarily in delivering letters and messages, under special certificates issued
             pursuant to regulations of the director, at such wages lower than the minimum wage applicable under
             RCW 49.46.020 and subject to such limitations as to time, number, proportion, and length of service as
             the director shall prescribe, and (2) the employment of individuals whose earning capacity is impaired by
             age or physical or mental deficiency or injury, under special certificates issued by the director, at such
             wages lower than the minimum wage applicable under RCW 49.46.020 and for such period as shall be
             fixed in such certificates.

             296-126-022 For the purposes of these regulations, gratuities received by employees shall not be
             considered a part of the minimum wage.

             296-125-043 Except where a higher minimum wage is required by Washington state or federal law: (1)
Every employer shall pay to each of his or her employees who have reached their sixteenth or
seventeenth year of age a rate of pay per hour which is equal to the hourly rate required by RCW
49.46.020 for employees eighteen years of age or older, whether computed on an hourly, commission,
piecework, or other basis, except as may be otherwise provided under this chapter. (2) Every employer
shall pay to each of his or her employees who have not reached their sixteenth year of age a rate of pay
per hour that is not less than eighty-five percent of the hourly rate required by RCW 49.46.020 for
employees eighteen years of age or older whether computed on an hourly, commission, piecework, or
other basis, except as may be otherwise provided under this chapter. (3) These provisions shall not apply
to handicapped minors for whom special handicapped minor work permits have been issued as provided
in RCW 49.12.110. The handicapped rate therein shall be set at a rate designed to adequately reflect the
individual's earning capacity. (4) These minimum wage provisions shall not apply when a minor student
is in a work place to carry out an occupational training experience assignment directly supervised on the
premises by a school official or an employer under contract with a school and when no appreciable
benefit is rendered to the employer by the presence of the minor student.

296-128-050 This regulation is issued pursuant to RCW 49.46.060, Washington minimum wage and hour
law, which authorized the director of the department of labor and industries, to the extent necessary in
order to prevent curtailment of opportunities for employment, to issue special certificates for
employment of individuals whose earning capacity is impaired by age or physical or mental deficiency or
injury at wages lower than the minimum wage applicable under RCW 49.46.020. Such certificates shall
be subject to the conditions prescribed in this regulation.

296-128-110 Application for learner certificate.--(1) Whenever the employment of learners at wages
lower than the minimum wage applicable under RCW 49.46.020 is believed necessary to prevent
curtailment of opportunities for employment by a specified employer, an application for a certificate
authorizing the employment of such learners at subminimum wage rates may be filed by the employer
with the director of the department of labor and industries or his authorized representative. (2)
Application must be made on the official form provided by the department and furnish all information
called for on said form. (3) Separate application must be made with respect to each establishment or
place of business operated by the applicant and in which he desires to employ learners at subminimum
wage rates.

296-128-225 The director or his authorized representative, to the extent necessary to prevent curtailment
of employment opportunities, shall issue special certificates to employers or apprenticeship committees
as defined in RCW 49.04.040 authorizing the employment of apprentices in skilled trades at wages lower
than the minimum wage applicable under RCW 49.46.020, subject to the limitations and conditions set
forth in this regulation.

296-128-275 - 296-128-305 The regulations hereinafter set forth are issued pursuant to RCW 49.46.060
to provide for the employment by educational institutions under special certificates of student workers as
learners at wages lower than the minimum wage applicable under RCW 49.46.020. Such certificates shall
be subject to the terms and conditions hereinafter set forth. The subminimum wage rate shall be not less
than 75 percent of the minimum wage rate established by RCW 49.46.020, as it may be amended.

39.12.020 The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and
under all public building service maintenance contracts of the state or any county, municipality or
political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's
work in the same trade or occupation in the locality within the state where such labor is performed.
(http://www.lni.wa.gov/prevailingwage/)

39.12.030 and 1989 c 12 s 9 are each amended to read as follows:(1) The specifications for every
contract for the construction, reconstruction, maintenance or repair of any public work to which the state
or any county, municipality, or political subdivision created by its laws is a party, shall contain a
provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, which may
be paid to laborers, workers, or mechanics in each trade or occupation required for such public work
employed in the performance of the contract either by the contractor, subcontractor or other person doing
or contracting to do the whole or any part of the work
contemplated by the contract, and the contract shall contain a stipulation that such laborers, workers, or
mechanics shall be paid not less than such specified hourly minimum rate of wage. If the awarding
agency determines that the work contracted for meets the definition of residential construction, the
contract must include that information. (2) If the hourly minimum rate of wage stated in the contract
specifies residential construction rates and it is later determined that the work performed is commercial
and subject to commercial construction rates, the state, county, municipality, or political subdivision that
entered into the contract must pay the difference
between the residential rate stated and the actual commercial rate to the contractor, subcontractor, or
other person doing or contracting to do the whole or any part of the work under the contract.
West Virginia   21-5C-2 (a) (1) After the thirtieth day of June, two thousand six, every employer shall pay to each of his
                or her employees wages at a rate not less than five dollars and eighty-five cents per hour. (2) After the
                thirtieth day of June, two thousand seven, every employer shall pay to each of his or her employees
                wages at a rate not less than six dollars and fifty-five cents per hour. (3) After the thirtieth day of June,
                two thousand eight, every employer shall pay to each of his or her employees wages at a rate not less
                than seven dollars and twenty-five cents per hour. (4) At such time as the federal minimum hourly wage
                as prescribed by 29 U.S.C. § 206(a)(1) is equal to or greater than the wage rate prescribed in subdivision
                (3) of this subsection, every employer shall pay to each of his or her employees wages at a rate of not less
                than the federal minimum hourly wage as prescribed by 29 U.S.C. § 206(a)(1). The minimum wage rates
                required under this subparagraph shall be thereafter adjusted in accordance with adjustments made in the
                federal minimum hourly rate. The adoption of the federal minimum wage provided by this subdivision
                includes only the federal minimum hourly rate prescribed in 29 U.S.C. § 206(a)(1) and does not include
                other wage rates, or conditions, exclusions, or exceptions to the federal minimum hourly wage rate. In
                addition, adoption of the federal minimum hourly wage rate does not extend or modify the scope or
                coverage of the minimum wage rate required under this subdivision. (b) (1) Notwithstanding the
                provisions set forth in subsection (a) of this section to the contrary, an employer may pay an employee
                first hired after the thirtieth day of June, two thousand six, a subminimum training wage not less than five
                dollars and fifteen cents per hour. (2) An employer may not pay the subminimum training wage set forth
                in subdivision (1) of this subsection to any individual: (i) Who has attained or attains while an employee
                of the employer, the age of twenty years; or (ii) For a cumulative period of not more than ninety days per
                employee: Provided, That if any business has not been in operation for more than ninety days at the time
                the employer hired the employee, the employer may pay the employee the subminimum training wage set
                forth in subdivision (1) of this subsection for an additional period not to exceed ninety days.(3) At such
                time as the federal subminimum training wage as prescribed by 29 U.S.C. § 206(g)(1) is equal to or
                greater than the wage rate prescribed in subdivision (1) of this subsection, every employer shall pay to
                each of his or her employees wages at a rate of not less than the federal minimum hourly wage as
                prescribed by 29 U.S.C. § 206(g)(1). The minimum wage rates required under this subparagraph shall be
                thereafter adjusted in accordance with adjustments made in the federal minimum hourly rate. The
                adoption of the federal minimum wage provided by this subdivision includes only the federal minimum
                hourly rate prescribed in 29 U.S.C. § 206(g)(1) and does not include other wage rates, or conditions,
                exclusions, or exceptions to the federal minimum hourly wage rate. In addition, adoption of the federal
                minimum hourly wage rate does not extend or modify the scope or coverage of the minimum wage rate
                required under this subdivision.

                21-5C-4 In determining whether an employer is paying an employee wages and overtime compensation
                as provided in sections two and three [§§21-5C-2 and 21-5C-3 [See 51-44,002]] of this article, there shall
                be provided in accordance with the regulations which shall be promulgated by the commissioner a credit
                to the employer of twenty percent of the hourly rate of the amount paid an employee customarily
                receiving gratuities, and a reasonable credit for board and lodging furnished to an employee. The
                commissioner shall promulgate regulations relating to maximum allowances to employers for room and
                board furnished to employees: Provided, That the employer shall be required to furnish to the
                commissioner upon request, documentary evidence that the employee is receiving at least twenty percent
                of the minimum wage in gratuities or is receiving room and lodging in accordance with the rules and
                regulations promulgated by the commissioner.

                21-5A-6 In all cases where any public authority has ascertained a fair minimum rate or rates of wages as
                herein provided, and construction of a public improvement is let to contract, the contract executed
                between the public authority and the successful bidder shall contain a provision requiring the successful
                bidder and all his subcontractors to pay a rate or rates of wages which shall not be less than the fair
                minimum rate or rates of wages as provided by this article.
Wisconsin       1. 49.141 (1) (g) “Minimum wage” means the state minimum hourly wage under ch. 104 s. 104.035 (1)
                or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

                103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under
                federal law, whichever is greater, for the work.

                103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under
                federal law, whichever is greater, for the work.

                104.001 of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

                104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

                104.01 (1d) “Agricultural employee” means an employee who is employed in farming, as defined in s.
                102.04 (3).
104.01 (1g) “Consumer price index” means the average of the consumer price index over each 12−month
period for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the
U.S. department of labor.

104.01 (5g) “Minor employee” means a minor who is paid at the applicable minimum wage rate for
minors.

104.01 (5m) “Opportunity employee” means a person under 20 years of age who is in the first 90
consecutive days of employment with his or her employer.

104.01 (7m) “Tipped employee” means an employee who in the course of employment customarily and
regularly receives money or other gratuities from persons other than the employee’s employer.

104.01 (8) The term “wage” and the term “wages” shall each mean “Wage” means any compensation for
labor measured by time, piece, or otherwise.

104.035 Minimum wage. (1) EMPLOYEES GENERALLY. (a) Minimum rates. Except as provided in
subs. (2) to (8), the minimum wage is as follows: 1. For wages earned before May 1, 2012, $7.60 per
hour. 2. For wages earned beginning on May 1, 2012, the amount determined by the department by rule
promulgated under sub. (9). (b) Allowances for meals and lodging. Except as provided in subs. (2) (b)
and (4) (b), if an employer furnishes an employee with meals or lodging in accordance with rules
promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts
from the wages of the employee: 1. For lodging furnished before May 1, 2012, $61 per week or $8.65 per
day and for meals furnished before May 1, 2012, $91 per week or $4.35 per meal. 2. For meals and
lodging furnished beginning on May 1, 2012, the amounts determined by the department by rule
promulgated under sub. (9). (2) MINOR EMPLOYEES. (a) Minimum rates. Except as provided in subs.
(2m) to (8), the minimum wage for a minor employee is as follows: 1. For wages earned before May 1,
2012, $7.25 per hour. 2. For wages earned beginning on May 1, 2012, the amount determined by the
department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. Except as
provided in sub. (4) (b), if an employer furnishes a minor employee or an opportunity employee with
meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the
employer may deduct the following amounts from the wages of the employee: 1. For lodging furnished
before May 1, 2012, $58 per week or $8.30 per day and for meals furnished before May 1, 2012, $87 per
week or $4.15 per meal. 2. For meals and lodging furnished beginning on May 1, 2012, the amounts
determined by the department by rule promulgated under sub. (9). (2m) OPPORTUNITY EMPLOYEES.
(a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity
employee is as follows: 1. For wages earned before May 1, 2012, $6.90 per hour. 2. For wages earned
beginning on May 1, 2012, the amount determined by the department by rule promulgated under sub. (9).
(b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes an
opportunity employee with meals or lodging in accordance with rules promulgated by the department
under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:
1. For lodging furnished before May 1, 2012, $55.20 per week or $7.90 per day and for meals furnished
before May 1, 2012, $82.85 per week or $3.90 per meal. 2. For meals and lodging furnished beginning
on May 1, 2012, the amounts determined by the department by rule promulgated under sub. (9). (3)
TIPPED EMPLOYEES. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a
tipped employee establishes by the employer’s payroll records that, when adding the tips received by the
tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee
receives not less than the applicable minimum wage specified in sub. (1) or (2), the minimum wage for
the tipped employee is as follows: 1. For wages earned before May 1, 2012, by a tipped employee who is
not an opportunity employee, $2.75 per hour. 2. For wages earned before May 1, 2012, by a tipped
employee who is an opportunity employee, $2.50 per hour. 3. For wages earned beginning on May 1,
2012, the amounts determined by the department by rule promulgated under sub. (9). (b) Allowances for
meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with
rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable
amounts specified in sub. (1) (b) or (2) (b) from the wages of the tipped employee. (4)
AGRICULTURAL EMPLOYEES. (a) Minimum rates. Except as provided in subs. (7) and (8), the
minimum wage for an agricultural employee is as follows: 1. For wages earned before May 1, 2012,
$7.25 per hour. 2. For wages earned beginning on May 1, 2012, the amounts determined by the
department by rule promulgated under sub. (9). (b) Allowances for meals and lodging. If an employer
furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the
department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the
employee: 1. For lodging furnished before May 1, 2012, $58 per week or $8.30 per day and for meals
furnished before May 1, 2012, $87 per week or $4.15 per meal. 2. For meals and lodging furnished
beginning on May 1, 2012, the amounts determined by the department by rule promulgated under sub.
(9).(5) CAMP COUNSELORS. The minimum wage for a counselor at a seasonal recreational or
educational camp, including a day camp, is as follows: (a) For wages earned before May 1, 2012, $350
per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per
week if both meals and lodging are furnished. (b) For wages earned beginning on May 1, 2012, the
amounts determined by the department by rule promulgated under sub. (9). (6) GOLF CADDIES. The
minimum wage for a golf caddy is as follows: (a) For wages earned before May 1, 2012, $12.30 for
caddying 18 holes. (b) For wages earned before May 1, 2012, $6.90 for caddying 9 holes. (c) For wages
earned beginning on May 1, 2012, the amounts determined by the department by rule promulgated under
sub. (9). (7) MINIMUM WAGE ESTABLISHED BY DEPARTMENT. The department shall
promulgate rules providing the minimum wage for all of the following: (a) An employee or worker with
a disability covered under a license under s.104.07. (b) A student learner. (c) A student employed by an
independent college or university for less than 20 hours per week. (8) EMPLOYMENT EXEMPTED BY
DEPARTMENT. The department shall promulgate rules exempting from the minimum wage
requirements under subs. (1) to (7) all of the following: (a) A person engaged in casual employment in
and around an employer’s home on an irregular or intermittent basis for not more than 15 hours per
week. (b) A person who resides in the home of an employer who, due to advanced age or physical or
mental disability, cannot care for his or her own needs, for the purpose of companionship and who
spends not more than 15 hours per week on general household work for the employer. (c) An elementary
or secondary school student performing student work−like activities in the student’s school. (9)
DEPARTMENT TO REVISE. (a) Subject to pars. (b) and (c), by May 1 of each year, the department,
using the procedures under s. 227.24, shall promulgate rules to revise the minimum wages and
allowances for meals and lodging established under subs. (1) to (7). The department shall determine
those revised minimum wages and allowances by calculating the percentage difference between the
consumer price index for the 12−month period ending on January 31 of the preceding year and the
consumer price index for the 12−month period ending on January 31 of the current year, adjusting the
minimum wages and allowances in effect on April 30 of the current year by that percentage difference,
and rounding that result to the nearest multiple of 5 cents, except that, for a minimum wage under sub.
(5), the department shall round the result to the nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b),
and (3), the department may promulgate an emergency rule under s. 227.24 revising the minimum wages
and allowances established under subs. (1) to (7) without providing evidence that the emergency rule is
necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. A
revised minimum wage or allowance determined under this paragraph shall first apply to wages earned or
meals or lodging furnished on May 1 of the year in which the wage or allowance is revised. (b)
Paragraph (a) does not apply if the consumer price index for the 12−month period ending on January 31
of the current year has not increased over the consumer price index for the 12−month period ending on
January 31 of the preceding year. (c) Paragraph (a) does not preclude the department from promulgating
rules to increase a minimum wage provided under subs. (1) to (7).

104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by
rule determine what amount of promulgate rules governing all of the following: (1) The counting of tips
or similar gratuities may be counted toward fulfillment of the employer’s obligation under this chapter.

104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the
employer’s obligation under this chapter. (3) The determination of hours worked by an employee during
which the employee is entitled to a living wage under this chapter .

104.05 Complaints; investigation. The department shall, within Within 20
days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any
employee in any occupation are not sufficient to enable the employee to maintain himself or herself
under conditions consistent with his or her welfare, the department shall investigate and determine
whether there is reasonable cause to believe that the wage paid to any employee is not a living wage.

104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5) and (6),
grant licenses to any employer who employs any employee who is unable to earn the living wage
determined by the department, permitting the employee to work for a wage that is commensurate with the
employee’s ability. Each license so granted shall establish a wage for the licensee employees of the
licensee who are unable to earn a living wage.

104.07 (2) The department shall make promulgate rules, and, except as provided under subs. (5) and (6),
grant licenses to sheltered workshops, to permit the employment of workers with disabilities who are
unable to earn the living wage at a wage that is commensurate with their ability and productivity. A
license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a
department of the workshop.

104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or
who in any way discriminates, or threatens to discriminate against, any employee because the employee
has testified or is about to testify, or because the employer believes that the employee may testify, in any
investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.
104.11 Definition of violation. Each day during which any employer shall
employ employs a person for whom a living wage has been fixed at a wage that is less than the living
wage fixed shall constitute a separate and distinct violation of this chapter.

234.94 (5) “Primary employment” means work which that pays at least the minimum wage as established
under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits,
including health insurance, and is not seasonal or part time.

234.94 (8) “Target group” means a population group for which the unemployment level is at least 25%
higher than the statewide unemployment level, or a population group for which the average wage
received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under
federal law, whichever is greater. No population group is required to be located within a contiguous
geographic area to be considered a target group.

800.09 (1j) If the court orders the defendant to perform community service
work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the
court may order that the defendant perform community service work for a public agency or a nonprofit
charitable organization that is approved by the court and agreed to by the public agency or nonprofit
charitable organization. Community service work may be in lieu of restitution only if also agreed to by
the person to whom restitution is owed. The number of hours of community service work required may
not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage
established under ch. 104 for adults in non-agriculture, non-tipped employment s. 104.035 (1). The court
shall ensure that the defendant is provided a written statement of the terms of the community service
order and that the community service order is monitored.

800.095 (1) (d) That the defendant perform community service work for a public agency or nonprofit
charitable organization approved by the court and agreed to by the agency or nonprofit charitable
organization. If the community service work is in lieu of restitution, then the person to whom restitution
is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage
established under ch. 104 for adults in non-agriculture, non-tipped employment s. 104.035 (1) for each
one hour of community service completed. The defendant shall be given a written statement of the
community service order. Nothing in this paragraph makes the defendant an employee or agent of the
court or the municipality. The defendant shall be responsible for providing the court with proof that the
community service hours have been completed.

895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
938 may order that the juvenile perform community service work for a public agency or nonprofit
charitable organization that is designated by the court in lieu of making restitution or paying the
forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making
restitution or paying the forfeiture or surcharge, the court may order that the parent perform community
service work for a public agency or a nonprofit charitable organization that is designated by the court.
Community service work may be in lieu of restitution only if also agreed to by the public agency or
nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize
any available resources, including any community service work program, in ordering the juvenile or
parent to perform community service work. The number of hours of community service work required
may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or
surcharge by the minimum wage established under ch. 104 for adults in non agriculture, non tipped
employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written
statement of the terms of the community service order and that the community service order is
monitored.

SECTION 26.0Effective date. (1) MINIMUM WAGE. This act takes effect on the first day of the first
month beginning after publication.

272.03 This subsection is in effect from October 1, 1996, to August 31, 1997. Except as provided in ss.
DWD 272.05 to 272.09, no employer shall employ any employee in any occupation, trade, or industry at
a lesser hourly rate than is indicated below: (a) All employees except opportunity employees $4.75 per
hr. (b) Opportunity employees $4.25 per hour.(1m) This subsection becomes effective on September 1,
1997. Except as provided in ss. DWD 272.05 to 272.09, no employer shall employ any employee in any
occupation, trade or industry at a lesser hourly rate than is indicated below: (a) All employees except
opportunity employees $5.15 per hr. (b) Opportunity employees $4.25 per hour. (2) Where tips or
gratuities are received by the employee from patrons or others, the employer may pay the minimum wage
rate established by this subsection, providing the employer can establish by its payroll records that for
each week where credit is taken, when adding the tips received to the wages paid, no less than the
minimum rate prescribed in sub. (1), was received by the employee. The minimum rate shall be the rate
established in par. (a). (a) Minimum rates for tipped employees: All employees except opportunity
employees $2.33 per hr. (am) Opportunity employees. Opportunity employees $2.13 per hour. (b)
Burden of proof. 1. When the employer elects to take tip credit the employer must have a tip declaration
signed by the tipped employee each pay period and show on the payroll records that any required social
security or taxes have been withheld each pay period to show that when adding the tips received to the
wages paid by the employer, no less than the minimum rate was received by the employee. When the
employer's time and payroll records do not contain these requirements, no tip credit shall be allowed. 2.
The department may refuse to take action to collect minimum wage deficiencies for a tipped employee
who has refused or failed to file an accurate signed tip declaration for the employer each pay period. (c)
General characteristics of "tips." 1. Tip means a sum presented by a customer as a gift or gratuity in
recognition of some service performed for them. It is to be distinguished from payment of a charge, if
any, made for the service. Whether a tip is to be given, and its amount, are matters determined solely by
the customer, and generally they have the right to determine who shall be the recipient of their gratuity.
In the absence of an agreement to the contrary between the recipient and a third party, a tip becomes the
property of the person in recognition of whose service it is presented by the customer. Only tips actually
received by an employee as money belonging to them which they may use as they choose free of any
control by the employer, may be counted in determining whether they are a "tipped employee." 2. In
addition to cash sums presented by customers which an employee keeps as their own, tips received by an
employee include, amounts paid by bank check or other negotiable instrument payable at par and
amounts transferred by the employer to the employee pursuant to directions from credit customers who
designate amounts to be added to their bills as tips. Special gifts in forms other than money or its
equivalent as above described, such as theater tickets, passes, or merchandise, are not counted as tips
received by the employee.(d) Where employees practice tip splitting, as where waiters or waitresses give
a portion of their tips to the bus persons, both the amounts retained by the waiters or waitresses and those
given the bus persons are considered tips of the individuals who retain them. (e) 1. A compulsory charge
for service, such as 15% of the amount of the bill, imposed on a customer by an employer's
establishment, is not a tip unless distributed by the employer to their employees. 2. Similarly, where
negotiations between a hotel or restaurant and a customer for banquet facilities include amounts for
distribution to employees of the hotel or restaurant, the amounts must be so distributed to the employees
at the end of the pay period in which it is earned. 3. If the employer in their payroll records can establish
a breakdown of the service charge, such as how much is for tips, room charge, decorations, and other
chargeable services, only the amounts for tips must be paid to the employee at the end of the pay period
in which it is earned. 4. Similarly, where an accounting is made to an employer for their information only
or in furtherance of a pooling arrangement whereby the employer redistributes the tips to the employees
upon some basis to which they have mutually agreed among themselves, the amounts received and
retained by each individual as their own are counted as their tips. (f) Receiving the minimum amount
"customarily and regularly." The employee must receive tips "customarily and regularly" in the
occupation in which they are engaged in order to qualify as a tipped employee. If it is known that they
always receive more than the stipulated amount each month, as may be the case with many employees in
occupations such as those of waiters, waitresses, bellhops, taxicab drivers, barbers, or beauty operators,
the employee will qualify and the tip credit provisions of sec. DWD 272.03 may be applied. On the other
hand, an employee who only occasionally or sporadically receives tips such as at Christmas or New
Years when customers may be more generous than usual, will not be deemed a tipped employee. The
phrase "customarily and regularly" signifies a frequency which must be greater than occasional, but
which may be less than constant. If an employee is in an occupation in which they normally and
recurrently receive tips, they will be considered a tipped employee even though occasionally, because of
sickness, vacation, seasonal fluctuations or the like, they fail to receive tips in a particular month. (g) The
tip wage credit. 1. In determining compliance with the wage payment requirements the amount paid to a
tipped employee as allowable under par. (a) by an employer is deemed to be increased on account of tips
to equal the minimum wage applicable under sub. (1) to such employee in the pay period for which the
wage payment is made. This credit is in addition to any credit for board, lodging, or other facilities which
may be allowable under sec. DWD 272.03. The credit allowed on account of tips may be less than the
difference between the applicable minimum wage and the rate for a tipped employee; it cannot be more.
2. It is presumed that in the application of this special provision the employee will be receiving at least
the maximum tip credit in actual tips: "If the employee is receiving less than the amount credited, the
employer is required to pay the balance so that the employee receives at least the minimum wage with
the defined combination of wages and tips."3. Under employment agreements requiring tips to be turned
over or credited to the employer to be treated by them as part of their gross receipts, it is clear that the
employer must pay the employee the full minimum hourly wage, since for all practical purposes the
employee is not receiving tip income. A tipped employee's regular rate of pay includes the amount of tip
credit taken by the employer, and the cash wages including commissions and certain bonuses paid by the
employer. Any tips received by the employee in excess of the tip credit need not be included in the
regular rate. Such tips are not payments made by the employer to the employee as remuneration for
employment within the meaning of ch. DWD 274. (3) This subsection is in effect from October 1, 1996,
to August 31, 1997. Where board or lodging or both are furnished by the employer in accordance with s.
DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to
exceed the following amounts: (a) All employees except opportunity employees $38.00 per week or
$5.45 per day 2. Opportunity employees $34.00 per week or $4.85 per day. (b) All employees except
opportunity employees $57.00 per week or $2.70 per meal. 2. Opportunity employees $51.00 per week or
$2.45 per meal. (3m) This subsection becomes effective on September 1, 1997. Where board or lodging
or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by
a particular employee, an allowance may be made not to exceed the following amounts: (a) All
employees except opportunity employees $41.20 per week or $5.90 per day 2. Opportunity employees
$34.00 per week or $4.85 per day.(b): All employees except opportunity employees $61.80 per week or
$2.95 per meal. 2. Opportunity employees $51.00 per week or $2.45 per meal. (4) Where board, lodging
or other necessities of life are furnished by the employer, in accordance with sec. DWD 272.04, and
accepted and received by the employee or their spouse or both, minor children or other dependents, an
allowance may be made, not to exceed the "fair value" of such necessities on the basis of average cost to
the employer, or to groups of employers similarly situated, or average values to groups of employees or
other appropriate measures of fair value. (5) Where payment of wages is made upon a basis or system
other than time rate, the actual wages paid per payroll period shall not be less than provided for in this
order. (6) Wages paid to home-workers shall be not less than the rates prescribed in this order. [Note:
Effective January 1, 2005 the minimum wage in Madison is $5.70 per hour; the opportunity wage is
$5.18 per hour. Effective January 1, 2006 the minimum wage in Madison will increase to $6.50 per hour;
the opportunity wage will increase to $5.81 per hour. Effective January 1, 2007 the minimum wage in
Madison will increase to $7.25 per hour; the opportunity wage will increase to $6.41 per hour.

Sec. 103.49. Prevailing wages and hours of labor on public works projects, State work; Terms
defined; Applicability; Determination of rates; Recordkeeping; Enforcement; Inspections;
Penalties for violations; Lists of violators.— (1) Definitions. In this section: (a) "Area" means the
county in which a proposed project of public works that is subject to this section is located or, if the
department determines that there is insufficient wage data in that county, "area" means those counties
that are contiguous to that county or, if the department determines that there is insufficient wage data in
those counties, "area" means those counties that are contiguous to those counties or, if the department
determines that there is insufficient wage data in those counties, "area" means the entire state or, if the
department is requested to review a determination under sub. (3) (c), "area" means the city, village or
town in which a proposed project of public works that is subject to this section is located. (am) “Bona
fide economic benefit” means an economic benefit for which an employer makes irrevocable
contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust,
program, or fund no less often than quarterly or, if an employer makes annual contributions to such a
bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least
quarterly based on the employer's expected annual contribution. (b) "Hourly basic rate of pay" means the
hourly wage paid to any employee, excluding any contributions or payments for health insurance
benefits, vacation benefits, pension benefits and any other bona fide economic benefits, whether paid
directly or indirectly. (bg) "Insufficient wage data" means less than 500 hours of work performed in a
particular trade or occupation on projects that are similar to a proposed project of public works that is
subject to this section. (bj) “Minor service and maintenance work” means a project of public works that
is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including
overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or
structures; or any other limited, minor work on public facilities or equipment that is routinely performed
to prevent breakdown or deterioration. (bm) [Repealed.] (c) "Prevailing hours of labor" for any trade or
occupation in any area means 10 hours per day and 40 hours per week and may not include any hours
worked on a Saturday or Sunday or on any of the following holidays: 1. January 1. 2. The last Monday
in May. 3. July 4. 4. The first Monday in September. 5. The 4th Thursday in November. 6. December
25. 7. The day before if January 1, July 4 or December 25 falls on a Saturday. 8. The day following if
January 1, July 4 or December 25 falls on a Sunday. (d) 1. Except as provided in subd. 2., "prevailing
wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or
demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly
contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide
economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation
on projects in the area. 2. If there is no rate at which a majority of the hours worked in the trade or
occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in
the erection, construction, remodeling, repairing or demolition of any project of public works in any area
means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average
hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation
benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all
hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or
occupation on projects in that area. (e) [Repealed.] (f) "State agency" means any office, department,
independent agency, institution of higher education, association, society or other body in state
government created or authorized to be created by the constitution or any law, including the legislature
and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority
and the Fox River Navigational System Authority. (fm) “Supply and installation contract” means a
contract under which the material is installed by the supplier, the material is installed by means of simple
fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the
project of public works, and the total labor cost to install the material does not exceed 20 percent of the
total cost of the contract. (g) "Truck driver" includes an owner-operator of a truck. (1m)
APPLICABILITY. Subject to sub. (3g), this section applies to any project of public works erected,
constructed, repaired, remodeled, demolished for the state or a state agency, other than a highway, street,
or bridge construction or maintenance project, including all of the following: (a) A project erected,
constructed, repaired, remodeled, demolished by one state agency for another state agency under any
contract or under any statute specifically authorizing cooperation between state agencies. (b) A project
in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or
dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction,
repair, remodeling, demolition of the facility. (c) A “sanitary sewer” or water main project in which the
completed sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or
maintenance by the state. (2) Prevailing wage rates and hours of labor. Any contract hereafter made for
the erection, construction, remodeling, repairing, or demolition of any project of public works, to which
the state, any state agency, is a party shall contain a stipulation that no person performing the work
described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the
prevailing hours of labor, except that any such person may be permitted or required to work more than
such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of
the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he
or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar
trade or occupation in the area in which the project of public works is situated. A reference to the
prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in
the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a
project of public works that is subject to this section is entered into, the prevailing wage rates determined
under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of
the contract or subcontract, except that for a minor subcontract, as determined by the department, the
department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing
wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates
and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time
that the contract or subcontract is in force. (2m) Covered employees. (a) Subject to par. (b), all of the
following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be
permitted to work a greater number of hours per day or per week than the prevailing hours of labor,
unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
times their hourly basic rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on
the site of a project of public works that is subject to this section. 2. All laborers, workers, mechanics,
and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or
equipment on the site of a project of public works that is subject to this section or from a facility
dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor,
subcontractor, agent or other person performing any work on the site of the project. (b) Notwithstanding
par. (a) 1., a laborer, worker, mechanic or truck driver who is regularly employed to process,
manufacture, pick up or deliver materials or products from a commercial establishment that has a fixed
place of business from which the establishment regularly supplies processed or manufactured materials
or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at
least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of
labor unless any of the following applies: 1. The laborer, worker, mechanic, or truck driver is employed
to go to the source of mineral aggregate such as sand, gravel or stone that is to be immediately
incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral
aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this
section by depositing the material substantially in place, directly or through spreaders from the
transporting vehicle. 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a
project that is subject to this section, pick up excavated material or spoil from the site of the project of
public works and transport that excavated material or spoil away from the site of the project. (c) A truck
driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of
his or her truck. (3) Investigation; determination. (a) Before bids are asked for any work to which this
section applies, the state agency having the authority to prescribe the specifications shall apply to the
department to determine the prevailing wage rate for each trade or occupation required in the work under
contemplation in the area in which the work is to be done. The department shall conduct investigations
and hold public hearings as necessary to define the trades or occupations that are commonly employed on
projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of
the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or
occupation. The department shall issue its determination within 30 days after receiving the request and
shall file the determination with the requesting state agency. For the information of the employees
working on the project, the prevailing wage rates determined by the department, the prevailing hours of
labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one
conspicuous and easily accessible place on the site of the project. (am) The department shall, by January
1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The
compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates
when those prevailing wage rates can be determined for any trade or occupation in any area and shall
specify the effective date of those future prevailing wage rates. If a project of public works extends into
more than one area there shall be but one standard of prevailing wage rates for the entire project. (ar) In
determining prevailing wage rates under par. (a) or (am), the department may not use data from projects
that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 3142 unless the
department determines that there is insufficient wage data in the area to determine those prevailing wage
rates, in which case the department may use data from projects that are subject to this section, s. 66.0903,
66.0904, 103.50 or 229.8275 or 40 USC 3142. (b) Any person may request a recalculation of any portion
of an initial determination within 30 days after the initial determination date if the person submits
evidence with the request showing that the prevailing wage rate for any given trade or occupation
included in the initial determination does not represent the prevailing wage rate for that trade or
occupation in the area. The evidence shall include wage rate information reflecting work performed by
persons working in the contested trade or occupation in the area during the current survey period. The
department shall affirm or modify the initial determination within 15 days after the date on which the
department receives the request for recalculation. (c) In addition to the recalculation under par. (b), the
state agency that requested the determination under this subsection may request a review of any portion
of a determination within 30 days after the date of issuance of the determination if the state agency
submits evidence with the request showing that the prevailing wage rate for any given trade or
occupation included in the determination does not represent the prevailing wage rate for that trade or
occupation in the city, village, or town in which the proposed project of public works is located. That
evidence shall include wage rate information for the contested trade or occupation on at least 3 similar
projects located in the city, village, or town where the proposed project of public works is located on
which some work has been performed during the current survey period and which were considered by the
department in issuing its most recent compilation under par. (am). The department shall affirm or modify
the determination within 15 days after the date on which the department receives the request for review.
(3g) Nonapplicability. This section does not apply to any of the following: (a) A project of public works
for which the estimated project cost of completion is less than $25,000. (b) A project of public works in
which the labor for the project is provided by unpaid volunteers. (c) Minor service or maintenance work,
warranty work, or work under a supply and installation contract. (4r) Compliance. (a) When the
department finds that a state agency has not requested a determination under sub. (3) (a) or that a state
agency, contractor or subcontractor has not physically incorporated a determination into a contract or
subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the
manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the
state agency, contractor or subcontractor of the noncompliance and shall file the determination with the
state agency, contractor or subcontractor within 30 days after such notice. (b) Upon completion of a
project of public works and before receiving final payment for his or her work on the project, each agent
or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has
complied fully with the requirements of this section. A contractor may not authorize final payment until
the affidavit is filed in proper form and order. (c) Upon completion of a project and before receiving
final payment for his or her work on the project, each contractor shall file with the state agency
authorizing the work an affidavit stating that the contractor has complied fully with the requirements of
this section and that the contractor has received an affidavit under par. (b) from each of the contractor's
agents and subcontractors. A state agency may not authorize a final payment until the affidavit is filed in
proper form and order. If a state agency authorizes a final payment before an affidavit is filed in proper
form and order or if the department determines, based on the greater weight of the credible evidence, that
any person performing the work specified in sub. (2m) has been or may have been paid less than the
prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
the prevailing hours of labor and requests that the state agency withhold all or part of the final payment,
but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount
of the final payment. (5) Records; inspection; enforcement. (a) Each contractor, subcontractor or
contractor's or subcontractor's agent performing work on a project of public works that is subject to this
section shall keep full and accurate records clearly indicating the name and trade or occupation of every
person performing the work described in sub. (2m) and an accurate record of the number of hours
worked by each of those persons and the actual wages paid for the hours worked. (am) 1. Except as
provided in this subdivision, by no later than the end of the first week of a month following a month in
which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of
public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the
department in an electronic format a certified record of the information specified in par. (a) for that
preceding month. This requirement does not apply to a contractor, subcontractor, or agent if all persons
employed by the contractor, subcontractor, or agent who are performing the work described in sub. (2m)
are covered under a collective bargaining agreement and the wage rates for those persons under the
collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,
subcontractor, or agent shall submit to the department in an electronic format a copy of all collective
bargaining agreements that are pertinent to the project of public works by no later than the end of the first
week of the first month in which the contractor, subcontractor, or agent performs work on the project of
public works. 2. The department shall post on its Internet site all certified records and collective
bargaining agreements submitted to the department under subd. 1., except that the department may not
post on that site the name of or any other personally identifiable information relating to any employee of
a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this
subdivision, “personally identifiable information” does not include an employee's trade or occupation, his
or her hours of work, or the wages paid for those hours worked. (b) It shall be the duty of the department
to enforce this section. To this end it may demand and examine, and every contractor, subcontractor, and
contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of
payrolls and other records and information relating to the wages paid to persons performing the work
described in sub. (2m) for work to which this section applies. The department may inspect records in the
manner provided in this chapter. Every contractor, subcontractor, or agent performing work on a project
of public works that is subject to this section is subject to the requirements of this chapter relating to the
examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising
in connection with any proceeding under this section. (c) If requested by any person, the department
shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project
of public works that is subject to this section to ensure compliance with this section. In the case of a
request made by a person performing the work specified in sub. (2m), if the department finds that the
contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is
frivolous, the department shall charge the person making the request the actual cost of the inspection. In
the case of a request made by a person not performing the work specified in sub. (2m), if the department
finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the
request is frivolous, the department shall charge the person making the request $250 or the actual cost of
the inspection, whichever is greater. In order to find that a request is frivolous, the department must find
that the person making the request made the request in bad faith, solely for the purpose of harassing or
maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person
making the request knew, or should have known, that there was no reasonable basis for believing that a
violation of this section had been committed. (6m) Liability and penalties. (ag) 1. Any contractor,
subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate
determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay
for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the
amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional
amount as liquidated damages as provided in subd. 2., 3., whichever is applicable. 2. If the department
determines upon inspection under sub. (5) (b) or (c) that a contractor, subcontractor, or contractor's or
subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub.
(3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
prevailing hours of labor, the department shall order the contractor to pay to any affected employee the
amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount
equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as
liquidated damages within a period specified by the department in the order. 3. In addition to or in lieu
of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of
that employee and other employees similarly situated may commence an action to recover that liability in
any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or
subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub.
(3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any
affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and
an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime
compensation as liquidated damages. 5. No employee may be a party plaintiff to an action under subd. 3.
unless the employee consents in writing to become a party and the consent is filed in the court in which
the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded
to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant. (am) Except as
provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent
who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or
both. Each day that a violation continues is a separate offense. (b) Whoever induces any person who
seeks to be or is employed on any project of public works that is subject to this section to give up, waive,
or return any part of the wages to which the person is entitled under the contract governing the project, or
who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not
subject to this section during a week in which the person works both on a project of public works that is
subject to this section and on a project that is not subject to this section, by threat not to employ, by threat
of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1). (c) Any
person employed on a project of public works that is subject to this section who knowingly permits a
contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the
prevailing wage rate set forth in the contract governing the project, who gives up, waives or returns any
part of the compensation to which he or she is entitled under the contract, or who gives up, waives or
returns any part of the compensation to which he or she is normally entitled for work on a project that is
not subject to this section during a week in which the person works both on a project of public works that
is subject to this section and on a project that is not subject to this section, is guilty of an offense under s.
946.15 (2). (d) Whoever induces any person who seeks to be or is employed on any project of public
works that is subject to this section to permit any part of the wages to which the person is entitled under
the contract governing the project to be deducted from the person's pay is guilty of an offense under s.
946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is
working on a project that is subject to 40 USC 3142. (e) Any person employed on a project of public
works that is subject to this section who knowingly permits any part of the wages to which he or she is
entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense
under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who
is working on a project that is subject to 40 USC 276c. (f) Paragraph (a) (am) does not apply to any
person who fails to provide any information to the department to assist the department in determining
prevailing wage rates under sub. (3) (a) or (am). (7) Debarment. (a) Except as provided under pars. (b)
and (c), the department shall distribute to all state agencies a list of all persons whom the department has
found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid
less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
labor at any time in the preceding 3 years. The department shall include with any name the address of the
person and shall specify when the person failed to pay the prevailing wage rate and when the person paid
less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
labor. A state agency may not award any contract to the person unless otherwise recommended by the
department or unless 3 years have elapsed from the date the department issued its findings or date of final
determination by a court of competent jurisdiction, whichever is later. (b) The department may not
include in a notification under par. (a) the name of any person on the basis of having let work to a person
whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3)
or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
the prevailing hours of labor. (c) This subsection does not apply to any contractor, subcontractor or agent
who in good faith commits a minor violation of this section, as determined on a case-by-case basis
through administrative hearings with all rights to due process afforded to all parties or who has not
exhausted or waived all appeals. (d) Any person submitting a bid on a project of public works that is
subject to this section shall, on the date the person submits the bid, identify any construction business in
which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or
has owned at least a 25% interest on the date the person submits the bid or at any other time within 3
years preceding the date the person submits the bid, if the business has been found to have failed to pay
the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic
rate of pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall
promulgate rules to administer this subsection.

103.50. Highway contracts; Terms defined; Prevailing wage rates and hours of labor; Covered
employees; Investigation, Determination; Certifcation of rates; Appeals; Contents of contracts;
Wage rate data; Appeals; Penalty for violations; Enforcement and prosecution— (1) Definitions. In
this section: (a) "Area" means the county in which a proposed project that is subject to this section is
located or, if the department determines that there is insufficient wage data in that county, "area" means
those counties that are contiguous to that county or, if the department determines that there is insufficient
wage data in those counties, "area" means those counties that are contiguous to those counties or, if the
department determines that there is insufficient wage data in those counties, "area" means the entire state.
(b) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b). (bg) "Insufficient wage data"
has the meaning given in s. 103.49 (1) (bg). (c) "Prevailing hours of labor" has the meaning given in s.
103.49 (1) (c). (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation
in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly,
for a majority of the hours worked in the trade or occupation in the area. 2. If there is no rate at which a
majority of the hours worked in the trade or occupation in the area is paid, "prevailing wage rate" means
the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly
contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits,
pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours
worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or
occupation in that area. (e) "Truck driver" has the meaning given in s. 103.49 (1) (g). (2) Prevailing
wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a
contractor, subcontractor, agent or other person performing any work on a project under a contract based
on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of
any highway may be permitted to work a greater number of hours per day or per week than the prevailing
hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area
in which the work is to be done determined under sub. (3); except that any such person may be permitted
or required to work more than such prevailing hours of labor per day and per week if he or she is paid for
all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
basic rate of pay. (2m) Covered employees. (a) Subject to par. (b), all of the following employees shall
be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater
number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours
worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of
pay: 1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject
to this section. 2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or
furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this
section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by
a contractor, subcontractor, agent or other person performing any work on the site of the project. (b)
Notwithstanding par. (a) 1., a laborer, worker, mechanic or truck driver who is regularly employed to
process, manufacture, pick up or deliver materials or products from a commercial establishment that has
a fixed place of business from which the establishment regularly supplies processed or manufactured
materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to
receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the
prevailing hours of labor unless any of the following applies: 1. The laborer, worker, mechanic or truck
driver is employed to go to the source of mineral aggregate such as sand, gravel or stone that is to be
immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that
mineral aggregate and deliver that mineral aggregate to the site of a project that is subject to this section
by depositing the material substantially in place, directly or through spreaders from the transporting
vehicle. 2. The laborer, worker, mechanic or truck driver is employed to go to the site of a project that is
subject to this section, pick up excavated material or spoil from the site of the project and transport that
excavated material or spoil away from the site of the project and return to the site of the project. (c) A
truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the
use of his or her truck. (3) Investigations; determinations. The department shall conduct investigations
and hold public hearings necessary to define the trades or occupations that are commonly employed in
the highway construction industry and to inform itself as to the prevailing wage rates in all areas of the
state for those trades or occupations, in order to ascertain and determine the prevailing wage rates
accordingly. (4) Certification of prevailing wage rates. The department of workforce development
shall, by May 1 of each year, certify to the department of transportation the prevailing wage rates in each
area for all trades or occupations commonly employed in the highway construction industry. The
certification shall, in addition to the current prevailing wage rates, include future prevailing wage rates
when such prevailing wage rates can be determined for any such trade or occupation in any area and shall
specify the effective date of those future prevailing wage rates. If a construction project extends into
more than one area there shall be but one standard of prevailing wage rates for the entire project. (4m)
Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the
department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49 or
40 USC 3142. (5) Appeals to governor. If the department of transportation considers any determination
of the department of workforce development as to the prevailing wage rates in an area to have been
incorrect, it may appeal to the governor, whose determination shall be final. (6) Contents of contracts. A
reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be
published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract
for a project that is subject to this section is entered into, the prevailing wage rates determined under sub.
(3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract
or subcontract, except that for a minor subcontract, as determined by the department of workforce
development, that department shall prescribe by rule the method of notifying the minor subcontractor of
the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The
prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be
changed during the time that the contract or subcontract is in force. For the information of the employees
working on the project, the prevailing wage rates determined by the department, the prevailing hours of
labor and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at
least one conspicuous and easily accessible place on the site of the project. (7) Penalties. (a) Except as
provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent
who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or
both. Each day that a violation continues is a separate offense. (b) Whoever induces any person who
seeks to be or is employed on any project that is subject to this section to give up, waive or return any
part of the wages to which the person is entitled under the contract governing the project, or who reduces
the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this
section during a week in which the person works both on a project that is subject to this section and on a
project that is not subject to this section, by threat not to employ, by threat of dismissal from employment
or by any other means is guilty of an offense under s. 946.15 (1). (c) Any person employed on a project
that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or
subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract
governing the project, who gives up, waives or returns any part of the compensation to which he or she is
entitled under the contract, or who gives up, waives or returns any part of the compensation to which he
or she is normally entitled for work on a project that is not subject to this section during a week in which
the person works both on a project that is subject to this section and on a project that is not subject to this
section, is guilty of an offense under s. 946.15 (2). (d) Whoever induces any person who seeks to be or is
employed on any project that is subject to this section to permit any part of the wages to which the person
is entitled under the contract governing the project to be deducted from the person's pay is guilty of an
offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a
person who is working on a project that is subject to 40 USC 3142. (e) Any person employed on a
project that is subject to this section who knowingly permits any part of the wages to which he or she is
entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense
under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who
is working on a project that is subject to 40 USC 3142. (f) Paragraph (a) does not apply to any person
who fails to provide any information to the department to assist the department in determining prevailing
wage rates under sub. (3) or (4). (8) Enforcement and prosecution. The department of transportation
shall require adherence to subs. (2), (2m) and (6). The department of transportation may demand and
examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep and
furnish upon request by the department of transportation, copies of payrolls and other records and
information relating to compliance with this section. Upon request of the department of transportation or
upon complaint of alleged violation, the district attorney of the county in which the work is located shall
investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322
(2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under
this section.

103.503. Public works and publicly funded projects, Substance abuse prevention.—(1)
DEFINITIONS. In this section: (a) "Accident" means an incident caused, contributed to, or otherwise
involving an employee that resulted or could have resulted in death, personal injury, or property damage
and that occurred while the employee was performing the work described in Section 66.0903 (4),
66.0904(3), or 103.49 (2m) on a project. (b) "Alcohol" has the meaning given in Section 340.01 (1q).
(c) "Contracting agency" means a local governmental unit, as defined in Section 66.0903 (1) (d), a state
agency, as defined in Section 103.49 (1) (f), or an owner or developer under s. 66.0904 that has
contracted for the performance of work on a project. (d) "Drug" means any controlled substance, as
defined in Section 961.01 (4), or controlled substance analog, as defined in Section 961.01 (4m), for
which testing is required by an employer under its substance abuse prevention program under this
section. (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work
described in Section 66.0903 (4), 66.0904(3) or 103.49 (2m) on a project. (f) "Employer" means a
contractor, subcontractor, or agent of a contractor or subcontractor that performs work on a project. (g)
"Project" mean a project of public works that is subject to Section 66.0903 or 103.49 or a publicly funded
private construction project that is subject to s. 66.0904. (2) SUBSTANCE ABUSE PROHIBITED. No
employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or
use or be under the influence of alcohol, while performing the work described in Section 66.0903 (4),
66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under the influence of alcohol
for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the
amount specified in Section 885.235 (1g) (d). (3) SUBSTANCE ABUSE PREVENTION
PROGRAMS REQUIRED. (a) Before an employer may commence work on a project, the employer
shall have in place a written program for the prevention of substance abuse among its employees. At a
minimum, the program shall include all of the following: 1. A prohibition against the actions or
conditions specified in sub. (2). 2. A requirement that employees performing the work described in
Section 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion,
and postaccident drug and alcohol testing and to drug and alcohol testing before commencing work on a
project, except that testing of an employee before commencing work on a project is not required if the
employee has been participating in a random testing program during the 90 days preceding the date on
which the employee commenced work on the project. 3. A procedure for notifying an employee who
violates sub. (2), who tests positive for the presence of a drug in his or her system, or who refuses to
submit to drug or alcohol testing as required under the program that the employee may not perform work
on a project until he or she meets the conditions specified in sub. (4) (b) 1. and 2. (b) Each employer
shall be responsible for the cost of developing, implementing, and enforcing its substance abuse
prevention program, including the cost of drug and alcohol testing of its employees under the program.
The contracting agency is not responsible for that cost, for the cost of any medical review of a test result,
or for any rehabilitation provided to an employee. (4) EMPLOYEE ACCESS TO PROJECT. (a) No
employer may permit an employee who violates sub. (2), who tests positive for the presence of a drug in
his or her system, or who refuses to submit to drug or alcohol testing as required under the employer's
substance abuse prevention program under sub. (3) to perform work on a project until he or she meets the
conditions specified in par. (b) 1. and 2. An employer shall immediately remove an employee from work
on a project if any of the following occurs: 1. The employee violates sub. (2), tests positive for the
presence of a drug in his or her system, or refuses to submit to drug or alcohol testing as required under
the employer's substance abuse prevention program. 2. An officer or employee of the contracting agency
has a reasonable suspicion that the employee is in violation of sub. (2) and requests the employer to
immediately remove the employee from work on the project. (b) An employee who is barred or removed
from work on a project under par. (a) may commence or return to work on the project upon his or her
employer providing to the contracting agency documentation showing all of the following: 1. That the
employee has tested negative for the presence of drugs in his or her system and is not under the influence
of alcohol as described in sub. (2). 2. That the employee has been approved to commence or return to
work on the project in accordance with the employer's substance abuse prevention program. (c) Testing
for the presence of drugs or alcohol in an employee's system and the handling of test specimens shall be
conducted in accordance with guidelines for laboratory testing procedures and chain-of-custody
procedures established by the substance abuse and mental health services administration of the federal
department of health and human services. (5) LOCAL ORDINANCES; STRICT CONFORMITY
REQUIRED. A local governmental unit, as defined in s. 66.0903 (1) (d), may enact an ordinance
regulating the conduct regulated under this section only if the ordinance strictly conforms to this section.

66.0903. Municipal public works contracts; Definitions; Prevailing wage rates and hours of labor;
Applicability; Exceptions; Posting; Compliance; Recordkeeping; Liability; Debarment .— (1)
Definitions. In this section: (a) "Area" means the county in which a proposed project of public works that
is subject to this section is located or, if the department determines that there is insufficient wage data in
that county, "area" means those counties that are contiguous to that county or, if the department
determines that there is insufficient wage data in those counties, "area" means those counties that are
contiguous to those counties or, if the department determines that there is insufficient wage data in those
counties, "area" means the entire state or, if the department is requested to review a determination under
sub. (3) (br), "area" means the city, village or town in which a proposed project of public works that is
subject to this section is located. (am) “Bona fide economic benefit” has the meaning given in s. 103.49
(1) (am). (b) "Department" means the department of workforce development. (c) "Hourly basic rate of
pay" has the meaning given in s. 103.49 (1) (b). (cm) "Insufficient wage data" has the meaning given in
s. 103.49 (1) (bg). (d) "Local governmental unit" means a political subdivision of this state, a special
purpose district in this state, an instrumentality or corporation of such a political subdivision or special
purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and
any of the foregoing. “Local governmental unit” includes a regional transit authority created under s.
66.1039 and the southeastern regional transit authority created under s. 59.58 (7). (dr) “Minor service
and maintenance work” means a project of public works that is limited to minor crack filling, chip or
slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of
no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the
road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other
limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or
deterioration. (e) [Repealed.] (f) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
(g) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the
erection, construction, remodeling, repairing or demolition of any project of public works in any area
means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation
benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a
majority of the hours worked in the trade or occupation on projects in the area. 2. If there is no rate at
which a majority of the hours worked in the trade or occupation on projects in the area is paid,
"prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling,
repairing or demolition of any project of public works in any area means the average hourly basic rate of
pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the
number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other
bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay
of the highest-paid 51% of hours worked in that trade or occupation on projects in that area. (i)
[Repealed.] (im) “Supply and installation contract” means a contract under which the material is installed
by the supplier, the material is installed by means of simple fasteners or connectors such as screws or
nuts and bolts and no other work is performed on the site of the project of public works, and the total
labor cost to install the material does not exceed 20 percent of the total cost of the contract. (j) "Truck
driver" has the meaning given in s. 103.49 (1) (g). (2) Applicability. Subject to sub. (5), this section
applies to any project of public works erected, constructed, repaired, remodeled, demolished, for a local
governmental unit, including all of the following: (a) A highway, street, bridge, building, or other
infrastructure project. (b) A project erected, constructed, repaired, remodeled, demolished by one local
governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03,
83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local
governmental units. (c) A project in which the completed facility is leased, purchased, lease purchased,
or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit
contracting for the erection, construction, repair, remodeling, demolition, of the facility. (d) A road,
street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary
sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under s. 236.13
(2), for ownership or maintenance by the local governmental unit. (3) Prevailing wage rates and hours
of labor. (am) A local governmental unit, before making a contract by direct negotiation or soliciting
bids on a contract for the erection, construction, remodeling, repairing or demolition of any project of
public works, shall apply to the department to determine the prevailing wage rate for each trade or
occupation required in the work contemplated. The department shall conduct investigations and hold
public hearings as necessary to define the trades or occupations that are commonly employed on projects
of public works that are subject to this section and to inform itself as to the prevailing wage rates in all
areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each
trade or occupation. The department shall issue its determination within 30 days after receiving the
request and shall file the determination with the requesting local governmental unit. (ar) The department
shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each
area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing
wage rates when those prevailing wage rates can be determined for any trade or occupation in any area
and shall specify the effective date of those future prevailing wage rates. If a project of public works
extends into more than one area there shall be but one standard of prevailing wage rates for the entire
project. (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use
data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 3142 unless
the department determines that there is insufficient wage data in the area to determine those prevailing
wage rates, in which case the department may use data from projects that are subject to this section, s.
66.0904, 103.49, or 103.50 or 40 USC 3142. (bm) Any person may request a recalculation of any
portion of an initial determination within 30 days after the initial determination date if the person submits
evidence with the request showing that the prevailing wage rate for any given trade or occupation
included in the initial determination does not represent the prevailing wage rate for that trade or
occupation in the area. The evidence shall include wage rate information reflecting work performed by
persons working in the contested trade or occupation in the area during the current survey period. The
department shall affirm or modify the initial determination within 15 days after the date on which the
department receives the request for recalculation. (br) In addition to the recalculation under par. (bm),
the local governmental unit that requested the determination under this subsection may request a review
of any portion of a determination within 30 days after the date of issuance of the determination if the
local governmental unit submits evidence with the request showing that the prevailing wage rate for any
given trade or occupation included in the determination does not represent the prevailing wage rate for
that trade or occupation in the city, village, or town in which the proposed project of public works is
located. That evidence shall include wage rate information for the contested trade or occupation on at
least 3 similar projects located in the city, village, or town where the proposed project of public works is
located and on which some work has been performed during the current survey period and which were
considered by the department in issuing its most recent compilation under par. (ar). The department shall
affirm or modify the determination within 15 days after the date on which the department receives the
request for review. (dm) A reference to the prevailing wage rates determined by the department or a
local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published
in the notice issued for the purpose of securing bids for the project of public works. If any contract or
subcontract for a project of public works is entered into, the prevailing wage rates determined by the
department or exempted local governmental unit and the prevailing hours of labor shall be physically
incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as
determined by the department, the department shall prescribe by rule the method of notifying the minor
subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor
subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or
subcontract may not be changed during the time that the contract or subcontract is in force. No person
performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or
most similar trade or occupation determined under this subsection; nor may he or she be permitted to
work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is
paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her
hourly basic rate of pay. (4) Covered employees. (a) Subject to par. (b), all of the following employees
shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a
greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for
all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic
rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of
public works that is subject to this section. 2. All laborers, workers, mechanics, and truck drivers
employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a
project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so,
to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other
person performing any work on the site of the project. (b) Notwithstanding par. (a) 1., a laborer, worker,
mechanic or truck driver who is regularly employed to process, manufacture, pick up or deliver materials
or products from a commercial establishment that has a fixed place of business from which the
establishment regularly supplies processed or manufactured materials or products is not entitled to
receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her
hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the
following applies: 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of
mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and
not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral
aggregate to the site of a project of public works that is subject to this section by depositing the material
substantially in place, directly or through spreaders from the transporting vehicle. 2. The laborer,
worker, mechanic, or truck driver is employed to go to the site of a project of public works that is subject
to this section, pick up excavated material or spoil from the site of the project and transport that
excavated material or spoil away from the site of the project. (c) A truck driver who is an owner-
operator of a truck shall be paid separately for his or her work and for the use of his or her truck. (5)
Nonapplicability. This section does not apply to any of the following: (a) A project of public works for
which the estimated project cost of completion is below $25,000. (b) A project of public works in which
the labor for the project is provided by unpaid volunteers. (c) Minor service or maintenance work,
warranty work, or work under a supply and installation contract. (6) Exemptions. The department, upon
petition of any local governmental unit, shall issue an order exempting the local governmental unit from
applying to the department for a determination under sub. (3) when it is shown that an ordinance or other
enactment of the local governmental unit sets forth standards, policy, procedure and practice resulting in
standards as high or higher than those under this section. (8) Posting. For the information of the
employees working on the project of public works, the prevailing wage rates determined by the
department or exempted local governmental unit, the prevailing hours of labor, and the provisions of
subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at least one conspicuous
and easily accessible place on the site of the project or, if there is no common site on the project, at the
place normally used by the local governmental unit to post public notices. (9) Compliance. (a) When the
department finds that a local governmental unit has not requested a determination under sub. (3) (am) or
that a local governmental unit, contractor or subcontractor has not physically incorporated a
determination into a contract or subcontract as required under this section or has not notified a minor
subcontractor of a determination in the manner prescribed by the department by rule promulgated under
sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of the
noncompliance and shall file the determination with the local governmental unit, contractor or
subcontractor within 30 days after the notice. (b) Upon completion of a project of public works and
before receiving final payment for his or her work on the project, each agent or subcontractor shall
furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the
requirements of this section. A contractor may not authorize final payment until the affidavit is filed in
proper form and order. (c) Upon completion of a project of public works and before receiving final
payment for his or her work on the project, each contractor shall file with the local governmental unit
authorizing the work an affidavit stating that the contractor has complied fully with the requirements of
this section and that the contractor has received an affidavit under par. (b) from each of the contractor's
agents and subcontractors. A local governmental unit may not authorize a final payment until the
affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before
an affidavit is filed in proper form and order or if the department determines, based on the greater weight
of the credible evidence, that any person performing the work specified in sub. (4) has been or may have
been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all
hours worked in excess of the prevailing hours of labor and requests that the local governmental unit
withhold all or part of the final payment, but the local governmental unit fails to do so, the local
governmental unit is liable for all back wages payable up to the amount of the final payment. (10)
Records; inspection; enforcement. (a) Each contractor, subcontractor or contractor's or subcontractor's
agent performing work on a project of public works that is subject to this section shall keep full and
accurate records clearly indicating the name and trade or occupation of every person performing the work
described in sub. (4) and an accurate record of the number of hours worked by each of those persons and
the actual wages paid for the hours worked. (am) 1. Except as provided in this subdivision, by no later
than the end of the first week of a month following a month in which a contractor, subcontractor, or
contractor's or subcontractor's agent performs work on a project of public works that is subject to this
section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a
certified record of the information specified in par. (a) for that preceding month. This requirement does
not apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor,
or agent who are performing the work described in sub. (4) are covered under a collective bargaining
agreement and the wage rates for those persons under the collective bargaining agreement are not less
than the prevailing wage rate. In that case, the contractor, subcontractor, or agent shall submit to the
department in an electronic format a copy of all collective bargaining agreements that are pertinent to the
project of public works by no later than the end of the first week of the first month in which the
contractor, subcontractor, or agent performs work on the project of public works. 2. The department
shall post on its Internet site all certified records and collective bargaining agreements submitted to the
department under subd. 1., except that the department may not post on that site the name of or any other
personally identifiable information relating to any employee of a contractor, subcontractor, or agent that
submits information to the department under subd. 1. In this subdivision, “personally identifiable
information” does not include an employee's trade or occupation, his or her hours of work, or the wages
paid for those hours worked. (b) The department or the contracting local governmental unit may demand
and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep,
and furnish upon request by the department or local governmental unit, copies of payrolls and other
records and information relating to the wages paid to persons performing the work described in sub. (4)
for work to which this section applies. The department may inspect records in the manner provided in ch.
103. Every contractor, subcontractor or agent performing work on a project of public works that is
subject to this section is subject to the requirements of ch. 103 relating to the examination of records. (c)
If requested by any person, the department shall inspect the payroll records of any contractor,
subcontractor, or agent performing work on a project of public works that is subject to this section to
ensure compliance with this section. In the case of a request made by a person performing the work
specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the
inspection is in compliance and that the request is frivolous, the department shall charge the person
making the request the actual cost of the inspection. In the case of a request made by a person not
performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or
agent subject to the inspection is in compliance and that the request is frivolous, the department shall
charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In
order to find that a request is frivolous, the department must find that the person making the request made
the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
subcontractor, or agent subject to the inspection, or that the person making the request knew, or should
have known, that there was no reasonable basis for believing that a violation of this section had been
committed. (d) Section 103.005 (5) (f), (11), (12) and (13) applies to this section, except that s. 103.005
(12) (a) does not apply to any person who fails to provide any information to the department to assist the
department in determining prevailing wage rates under sub. (3) (am) or (ar). Section 111.322 (2m)
applies to discharge and other discriminatory acts arising in connection with any proceeding under this
section, including proceedings under sub. (11) (a). (11) Liability and penalties. (a) 1. Any contractor,
subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate
determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay
for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the
amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal
amount as liquidated damages as provided under subd. 2., 3., whichever is applicable. 2. If the
department determines upon inspection under sub. (10) (b) or (c) that a contractor, subcontractor, or
contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the
department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked
in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected
employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an
additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime
compensation as liquidated damages within a period specified by the department in the order. 3. In
addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee
for and in behalf of that employee and other employees similarly situated may commence an action to
recover that liability in any court of competent jurisdiction. if the court finds that a contractor,
subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay
for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor,
subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or
her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those
unpaid wages or that unpaid overtime compensation as liquidated damages. 5. No employee may be a
party plaintiff to an action under subd. 3 unless the employee consents in writing to become a party and
the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court
shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be
paid by the defendant. (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or
contractor's or subcontractor's agent who violates this section may be fined not more than $200 or
imprisoned for not more than 6 months or both. Each day that any violation continues is a separate
offense. 2. Whoever induces any person who seeks to be or is employed on any project of public works
that is subject to this section to give up, waive, or return any part of the wages to which the person is
entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally
paid to a person for work on a project that is not subject to this section during a week in which the person
works both on a project of public works that is subject to this section and on a project that is not subject
to this section, by threat not to employ, by threat of dismissal from employment or by any other means is
guilty of an offense under s. 946.15 (1). 3. Any person employed on a project of public works that is
subject to this section who knowingly permits a contractor, subcontractor, or contractor's or
subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract
governing the project, who gives up, waives, or returns any part of the compensation to which he or she
is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which
he or she is normally entitled for work on a project that is not subject to this section during a week in
which the person works both on a project of public works that is subject to this section and on a project
that is not subject to this section, is guilty of an offense under s. 946.15 (2). 4. Whoever induces any
person who seeks to be or is employed on any project of public works that is subject to this section to
permit any part of the wages to which the person is entitled under the contract governing the project to be
deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be
permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC
3142. 5. Any person employed on a project of public works that is subject to this section who knowingly
permits any part of the wages to which he or she is entitled under the contract governing the project to be
deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC
3142. 6. Subdivision 1. does not apply to any person who fails to provide any information to the
department to assist the department in determining prevailing wage rates under sub. (3) (am) or (ar). (12)
Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any local
governmental unit applying for a determination under sub. (3) and any local governmental unit exempted
under sub. (6) of the names of all persons whom the department has found to have failed to pay the
prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly
basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the
preceding 3 years. The department shall include with each name the address of the person and shall
specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5
times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local
governmental unit may not award any contract to the person unless otherwise recommended by the
department or unless 3 years have elapsed from the date the department issued its findings or the date of
final determination by a court of competent jurisdiction, whichever is later. (b) The department may not
include in a notification under par. (a) the name of any person on the basis of having let work to a person
whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3)
or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
the prevailing hours of labor. (c) This subsection does not apply to any contractor, subcontractor or agent
who in good faith commits a minor violation of this section, as determined on a case-by-case basis
through administrative hearings with all rights to due process afforded to all parties or who has not
exhausted or waived all appeals. (d) Any person submitting a bid or negotiating a contract on a project
of public works that is subject to this section shall, on the date the person submits the bid or negotiates
the contract, identify any construction business in which the person, or a shareholder, officer or partner of
the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person
submits the bid or negotiates the contract or at any other time within 3 years preceding the date the
person submits the bid or negotiates the contract, if the business has been found to have failed to pay the
prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of
pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall promulgate
rules to administer this subsection.

66.0904. Municipal public works contracts; Wage rates; Publicly funded private construction
projects.—(1) DEFINITIONS. In this section: (a) “Area” means the county in which a proposed
publicly funded private construction project that is subject to this section is located or, if the department
determines that there is insufficient wage data in that county, “area” means those counties that are
contiguous to that county or, if the department determines that there is insufficient wage data in those
counties, “area” means those counties that are contiguous to those counties or, if the department
determines that there is insufficient wage data in those counties, “area” means the entire state or, if the
department is requested to review a determination under sub. (4) (e), “area” means the city, village, or
town in which a proposed publicly funded private construction project that is subject to this section is
located. (am) “Bona fide economic benefit” has the meaning given in s. 103.49 (1) (am). (b)
“Department” means the department of workforce development. (c) “Direct financial assistance” means
moneys, in the form of a grant or other agreement or included as part of a contract, cooperative
agreement, or any other arrangement, including a redevelopment agreement under s. 66.1333 (5),
economic development agreement, contract under s. 66.1105 (3), or assistance provided under s.
66.1109, that a local governmental unit directly provides or otherwise directly makes available to assist
in the erection, construction, repair, remodeling, demolition of a private facility. “Direct financial
assistance” does not include any of the following: 1. A public works contract, a supply procurement
contract, a contract of insurance or guaranty, a collective bargaining agreement, or any other contract
under which moneys are not directly provided or otherwise directly made available for that assistance. 2.
Any moneys allocated by the city of Milwaukee for the purchase of public access easements that are
located entirely in the Milwaukee Riverwalk Site Plan Review Overlay District established by the city of
Milwaukee, as amended to June 1, 2009, or for the construction of dockwalls, walkways, plazas, parks,
private roadways open to the public, or similar improvements, or for any other public infrastructure
improvements, that are located entirely in that district, if the work on those improvements is subject to s.
66.0903 or is exempted from that section under s. 66.0903 (6). (d) “Hourly basic rate of pay” has the
meaning given in s. 103.49 (1) (b). (e) “Insufficient wage data” has the meaning given in s. 103.49 (1)
(bg). (f) “Local governmental unit” has the meaning given in s. 66.0903 (1) (d). (fm) “Minor service
and [or] maintenance work” means a publicly funded private construction project that is limited to minor
crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a
projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied
solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or
structures; or any other limited, minor work on private facilities or equipment that is routinely performed
to prevent breakdown or deterioration. (g) “Prevailing hours of labor” has the meaning given in s.
103.49 (1) (c). (h) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or occupation
engaged in the erection, construction, remodeling, repairing, demolition of any publicly funded private
construction project in any area means the hourly basic rate of pay, plus the hourly contribution for
health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit,
paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the
area. 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects
in the area is paid, “prevailing wage rate” for any trade or occupation engaged in the erection,
construction, remodeling, repairing, demolition of any publicly funded private construction project in any
area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the
average hourly contribution, weighted by the number of hours worked, for health insurance benefits,
vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly
for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that
trade or occupation on projects in that area. (i) “Publicly funded private construction project” means a
construction project in which the developer, investor, or owner of the project receives direct financial
assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition,
including any alteration, painting, decorating, or grading, of a private facility, including land, a building,
or other infrastructure. “Publicly funded private construction project” does not include a project of public
works or a housing project involving the erection, construction, repair, remodeling, demolition of any of
the following: 1. A residential property, if the project is supported by affordable housing grants, home
improvement grants, or grants from a local housing trust fund. 2. A residential property containing 4
dwelling units or less. 3. A residential property that contains retail, office, or commercial components, if
the project is intended to increase the supply of affordable housing in a community. (im) “Supply and
installation contract” means a contract under which the material is installed by the supplier, the material
is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other
work is performed on the site of the publicly funded private construction project, and the total labor cost
to install the material does not exceed 20 percent of the total cost of the contract. (j) “Truck driver” has
the meaning given in s. 103.49 (1) (g). (2) PREVAILING WAGE RATES AND HOURS OF
LABOR. (a) Any owner or developer of real property who enters into a contract for the erection,
construction, remodeling, repairing, demolition of any publicly funded private construction project on
that real property shall include in the contract a stipulation that no person performing the work described
in sub. (3) may be permitted to work a greater number of hours per day or per week than the prevailing
hours of labor, except that any such person may be permitted or required to work more than the
prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the
prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or
she be paid less than the prevailing wage rate determined under sub. (4) in the same or most similar trade
or occupation in the area in which the publicly funded private construction project is situated. (b) A
reference to the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be
published in any notice issued for the purpose of securing bids for the publicly funded private
construction project. If any contract or subcontract for a publicly funded private construction project that
is subject to this section is entered into, the prevailing wage rates determined under sub. (4) and the
prevailing hours of labor shall be physically incorporated into and made a part of the contract or
subcontract, except that for a minor subcontract, as determined by the department, the department shall
prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and
prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing
hours of labor applicable to a contract or subcontract may not be changed during the time that the
contract or subcontract is in force. (3) COVERED EMPLOYEES. (a) all of the following employees
shall be paid the prevailing wage rate determined under sub. (4) and may not be permitted to work a
greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for
all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic
rate of pay: 1. All laborers, workers, mechanics, and truck drivers employed on the site of a publicly
funded private construction project that is subject to this section in the performance of erection,
construction, remodeling, repair, demolition activities for which direct financial assistance is received.
(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for
the use of his or her truck. (4) INVESTIGATION; DETERMINATION. (a) Before the owner or
developer of any publicly funded private construction project enters into a contract or solicits bids on a
contract for the performance of any work to which this section applies, the owner or developer shall
apply to the department to determine the prevailing wage rate for each trade or occupation required in the
work under contemplation in the area in which the work is to be done. The department shall conduct
investigations and hold public hearings as necessary to define the trades or occupations that are
commonly employed on publicly funded private construction projects that are subject to this section and
to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations in
order to determine the prevailing wage rate for each trade or occupation. The department shall issue its
determination within 30 days after receiving the request and shall file the determination with the owner
or developer applying for the determination and with the local governmental unit providing direct
financial assistance for the project. For the information of the employes working on the project, the
prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of
subs. (2) and (9) shall be kept posted by the owner or developer in at least one conspicuous and easily
accessible place on the site of the project. (b) The department shall, by January 1 of each year, compile
the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to
the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates
can be determined for any trade or occupation in any area and shall specify the effective date of those
future prevailing wage rates. If a publicly funded private construction project that is subject to this
section extends into more than one area there shall be but one standard of prevailing wage rates for the
entire private construction project. (c) In determining prevailing wage rates under par. (a) or (b), the
department may not use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50
or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to
determine those prevailing wage rates, in which case the department may use data from projects that are
subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142. (d) Any person may request a
recalculation of any portion of an initial determination within 30 days after the initial determination date
if the person submits evidence with the request showing that the prevailing wage rate for any given trade
or occupation included in the initial determination does not represent the prevailing wage rate for that
trade or occupation in the area. The evidence shall include wage rate information reflecting work
performed by persons working in the contested trade or occupation in the area during the current survey
period. The department shall affirm or modify the initial determination within 15 days after the date on
which the department receives the request for recalculation. (e) In addition to the recalculation under
par. (d), the owner or developer that requested the determination under this subsection may request a
review of any portion of the determination within 30 days after the date of issuance of the determination
if the owner or developer submits evidence with the request showing that the prevailing wage rate for any
given trade or occupation included in the determination does not represent the prevailing wage rate for
that trade or occupation in the city, village, or town in which the proposed publicly funded private
construction project is located. That evidence shall include wage rate information for the contested trade
or occupation on at least 3 similar projects located in the city, village, or town where the proposed
publicly funded private construction project is located on which some work has been performed during
the current survey period and which were considered by the department in issuing its most recent
compilation under par. (b). The department shall affirm or modify the determination within 15 days after
the date on which the department receives the request for review. (5) NONAPPLICABILITY. This
section does not apply to any of the following: (a) A publicly funded private construction project that
receives less than $1,000,000 in direct financial assistance from a local governmental unit. (b) A
publicly funded private construction project in which the labor for the project is provided by unpaid
volunteers. (c) Minor service or maintenance work, warranty work, or work under a supply and
installation contract. (6) EXEMPTIONS. The department, upon petition of any owner or developer
contracting for a publicly funded private construction project that is subject to this section, shall issue an
order exempting the owner or developer from applying to the department for a determination under sub.
(4) when it is shown that the project is also subject to an ordinance or other enactment of a local
governmental unit that sets forth standards, policy, procedure, and practice as high or higher than those
under this section. (7) COMPLIANCE. (a) When the department finds that an owner or developer has
not requested a determination under sub. (4) (a) or that an owner, developer, contractor, or subcontractor
has not physically incorporated a determination into a contract or subcontract as required under sub. (2)
(b) or has not notified a minor subcontractor of a determination in the manner prescribed by the
department by rule promulgated under sub. (2) (b), the department shall notify the owner, developer,
contractor, or subcontractor of the noncompliance and shall file the determination with the owner,
developer, contractor, or subcontractor within 30 days after the notice. (b) Upon completion of a
publicly funded private construction project that is subject to this section and before receiving final
payment for his or her work on the private construction project, each agent or subcontractor shall furnish
the contractor with an affidavit stating that the agent or subcontractor has complied fully with the
requirements of this section. A contractor may not authorize final payment until the affidavit is filed in
proper form and order. (c) Upon completion of a publicly funded private construction project that is
subject to this section and before receiving final payment for his or her work on the project, each
contractor shall file with the owner or developer contracting for the work an affidavit stating that the
contractor has complied fully with the requirements of this section and that the contractor has received an
affidavit under par. (b) from each of the contractor's agents and subcontractors. An owner or developer
may not authorize a final payment until the affidavit is filed in proper form and order. If an owner or
developer authorizes a final payment before the affidavit is filed in proper form and order or if the
department determines, based on the greater weight of the credible evidence, that any person performing
the work specified in sub. (3) has been or may have been paid less than the prevailing wage rate or less
than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
and requests that the owner or developer withhold all or part of the final payment, but the owner or
developer fails to do so, the owner or developer is liable for all back wages payable up to the amount of
the final payment. (8) RECORDS; INSPECTION; ENFORCEMENT. (a) Each contractor,
subcontractor, or agent performing work on a publicly funded private construction project that is subject
to this section shall keep full and accurate records clearly indicating the name and trade or occupation of
every person performing the work described in sub. (3) and an accurate record of the number of hours
worked by each of those persons and the actual wages paid for the hours worked. (am) 1. Except as
provided in this subdivision, by no later than the end of the first week of a month following a month in
which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a publicly
funded private construction project that is subject to this section, the contractor, subcontractor, or agent
shall submit to the department in an electronic format a certified record of the information specified in
par. (a) for that preceding month. This requirement does not apply to a contractor, subcontractor, or agent
if all persons employed by the contractor, subcontractor, or agent who are performing the work described
in sub. (3) are covered under a collective bargaining agreement and the wage rates for those persons
under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the
contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of all
collective bargaining agreements that are pertinent to the project by no later than the end of the first week
of the first month in which the contractor, subcontractor, or agent performs work on the project of public
works. 2. The department shall post on its Internet site all certified records and collective bargaining
agreements submitted to the department under subd. 1., except that the department may not post on that
site the name of or any other personally identifiable information relating to any employee of a contractor,
subcontractor, or agent that submits information to the department under subd. 1. In this subdivision,
“personally identifiable information” does not include an employee's trade or occupation, his or her hours
of work, or the wages paid for those hours worked. (b) The department or the local governmental unit
providing direct financial assistance for a publicly funded private construction project may demand and
examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and
furnish upon request by the department or local governmental unit, copies of payrolls and other records
and information relating to the wages paid to persons performing the work described in sub. (3) for work
to which this section applies. The department may inspect records in the manner provided in ch. 103.
Every contractor, subcontractor, or agent performing work on a publicly funded private construction
project that is subject to this section is subject to the requirements of ch. 103 relating to the examination
of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection
with any proceeding under this section. (c) If requested by any person, the department shall inspect the
payroll records of any contractor, subcontractor, or contractor's or subcontractor's agent performing work
on a publicly funded private construction project that is subject to this section to ensure compliance with
this section. In the case of a request made by a person performing the work specified in sub. (3), if the
department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance
and that the request if frivolous, the department shall charge the person making the request the actual cost
of the inspection. In the case of a request made by a person not performing the work specified in sub. (3),
if the department finds that the contractor, subcontractor, or agent subject to the inspection is in
compliance and that the request is frivolous, the department shall charge the person making the request
$250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous,
the department must find that the person making the request made the request in bad faith, solely for the
purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the
inspection, or that the person making the request knew, or should have known, that there was no
reasonable basis for believing that a violation of this section had been committed. (d) Section 103.005
(5) (f), (11), (12), and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any
person who fails to provide any information to the department to assist the department in determining
prevailing wage rates under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other
discriminatory acts arising in connection with any proceeding under this section, including proceedings
under sub. (9) (a). (9) LIABILITY AND PENALTIES. (a) 1. Any contractor, subcontractor, or
contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the
department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours
worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his
or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as
liquidated damages as provided in subd. 2., 3., whichever is applicable. 2. If the department determines
upon inspection under sub. (8) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's
agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid
less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
labor, the department shall order the contractor to pay to any affected employee the amount of his or her
unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent
of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within
a period specified by the department I 3. In addition to or in lieu of recovering the liability specified in
subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees
similarly situated may commence an action to recover that liability in any court of competent
jurisdiction. if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has
failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than
1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the
court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his
or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100
percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated
damages. 5. No employee may be a party plaintiff to an action under subd. 3. unless the employee
consents in writing to become a party and the consent is filed in the court in which the action is brought.
Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow
reasonable attorney fees and costs to be paid by the defendant. (b) 1. Except as provided in subds. 2., 4.,
and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section
may be fined not more than $200. Each day that any violation continues is considered a separate offense.
2. Whoever induces any person who seeks to be or is employed on any publicly funded private
construction project that is subject to this section to give up, waive, or return any part of the wages to
which the person is entitled under the contract governing the project, or who reduces the hourly basic rate
of pay normally paid to a person for work on a project that is not subject to this section during a week in
which the person works both on a publicly funded private construction project that is subject to this
section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal
from employment, or by any other means is guilty of an offense under s. 946.15 (1). 3. Any person
employed on a publicly funded private construction project that is subject to this section who knowingly
permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the
prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any
part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or
returns any part of the compensation to which he or she is normally entitled for work on a project that is
not subject to this section during a week in which the person works both on a publicly funded private
construction project that is subject to this section and on a project that is not subject to this section, is
guilty of an offense under s. 946.15 (2). 4. Whoever induces any person who seeks to be or is employed
on any publicly funded private construction project that is subject to this section to permit any part of the
wages to which the person is entitled under the contract governing the project to be deducted from the
person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29
CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. 5. Any person
employed on a publicly funded private construction project that is subject to this section who knowingly
permits any part of the wages to which he or she is entitled under the contract governing the project to be
deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC
3142. 6. Subdivision 1. does not apply to any person who fails to provide any information to the
department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). (10)
DEBARMENT. (a) Except as provided under pars. (b) and (c), the department shall notify any owner or
developer applying for a determination under sub. (4) and any owner or developer that is exempt under
          sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing
          wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of
          pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years.
          The department shall include with each name the address of the person and shall specify when the person
          failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate
          of pay for all hours worked in excess of the prevailing hours of labor. An owner or developer may not
          award any contract to the person unless otherwise recommended by the department or unless 3 years
          have elapsed from the date on which the department issued its findings or date of final determination by a
          court of competent jurisdiction, whichever is later. (b) The department may not include in a notification
          under par. (a) the name of any person on the basis of having let work to a person whom the department
          has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have
          paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours
          of labor. (c) This subsection does not apply to any contractor, subcontractor, or contractor's or
          subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a
          case-by-case basis through administrative hearings with all rights to due process afforded to all parties or
          that has not exhausted or waived all appeals. (d) Any person submitting a bid or negotiating a contract
          on a publicly funded private construction project that is subject to this section shall, on the date on which
          the person submits the bid, identify any construction business in which the person, or a shareholder,
          officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent
          interest on the date the person submits the bid or at any other time within 3 years preceding the date on
          which the person submits the bid or negotiates the contract, if the business has been found to have failed
          to pay the prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times the hourly
          basic rate of pay for all hours worked in excess of the prevailing hours of labor. (e) The department shall
          promulgate rules to administer this subsection.
Wyoming   27-4-202 a) Every employer shall pay to each of his or her employees wages at a rate of not less than five
          dollars and fifteen cents ($5.15) per hour. (b) Effective April 1, 2001 and thereafter, all employers who
          employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his
          tipped employees. Provided further, if the wage paid by the employer combined with the tips received by
          the employee during a given pay period does not equal at least the applicable minimum wage as
          prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee.
          For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the
          daily record of tips required to be kept by "tip" employees under the laws of the United States and upon
          the forms prescribed by the internal revenue service of the United States treasury department. The daily
          record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of
          a customary tipping percentage of sales or service shall also be an admissible form of proof of the
          amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars
          ($30.00) a month in tips. (c) In lieu of the rate prescribed in subsection (a) of this section, any employer
          may pay any employee who has not attained the age of twenty (20) years a wage which is not less than
          four dollars and twenty-five cents ($4.25) per hour during the first ninety (90) consecutive days after the
          employee is initially employed by the employer. No employer may take any action to displace
          employees, including partial displacements such as reduction in hours, wages or employment benefits for
          purposes of hiring individuals at the wage authorized in this subsection.

          [Note: Employers subject to federal law must pay employees $7.25 per hour.]

          27-4-402 Employers required to pay prevailing hourly rate of wages which is defined as the wages paid
          generally to and the associated customary and usual fringe benefit costs paid on behalf of workers
          engaged in work of a similar character. (http://wydoe.state.wy.us/doe.asp?ID=251)

				
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