Applicability of the prevailing wage law to publicly funded private construction projects and to regional transit authorities, the threshold for applicability of that law to a project of public works, the submission to the Department of Workforce Development of payroll records of persons performing work that is subject to that law, the inspection of those records, and the remedies for a violation of that law

Specifically:

1.

Publicly funded private construction projects and regional transit authorities.

2009 Wisconsin Act 28 expanded the applicability of the prevailing wage law to cover publicly funded private construction projects that receive $1,000,000 or more in direct financial assistance from a local governmental unit.

Under prior law, only projects of public works contracted for by the state or a local governmental unit were subject to the prevailing wage law. This bill eliminates coverage of publicly funded private construction projects under the prevailing wage law, so that under the bill only projects of public works are covered under the prevailing wage law.

2009 Wisconsin Act 28 expanded the definition of "local governmental unit" for purposes of applicability of the prevailing wage law to projects of public works to include regional transit authorities. This bill deletes the inclusion of regional transit authorities in that definition.

2.

Threshold for applicability to public works projects.

2009 Wisconsin Act 28 lowered the threshold for applicability of the prevailing wage law to a project of public works so that a project of public works for which the estimated project cost of completion is below $25,000 is not subject to that law. The act also eliminated the authority of DWD to adjust that threshold based on changes in construction costs.

Under prior law, that threshold was $234,000 for a multiple-trade project of public works and $48,000 for s single-trade project of public works and DWD was authorized to adjust those amounts annually based on changes on construction costs.

This bill restores those thresholds and that authority.

3.

Submission of payroll records.

2009 Wisconsin Act 28 required contractors performing work on a project of public works or a publicly funded private construction project that is subject to the prevailing wage law to submit to DWD on a monthly basis, in electronic format, certified records indicating the name and trade or occupation of every person performing work that is subject to the prevailing wage law and an accurate record of the number of hours worked by each of those persons and the actual wages paid for those hours worked (payroll records) or, if all persons performing work on the project are covered under a collective bargaining agreement that provides for wage rates that are not less than the prevailing wage rate, to submit to DWD during the first month of the project, in electronic format, copies of all collective bargaining agreements pertaining to the project. This bill eliminates that requirement.

4.

Inspection of payroll records.

2009 Wisconsin Act 28 required DWD to charge a person who requests DWD to inspect a contractor's payroll records for the purpose of ensuring compliance with the prevailing wage law the actual cost of the inspection if the contractor is found to be in compliance with that law and if the request is found to be frivolous. Prior law required DWD to charge that cost if the contractor was found to be in compliance with the prevailing wage law, but did not require the additional finding that the request was frivolous. This bill eliminates that additional finding so that under the bill DWD must charge for the cost of inspecting a contractor's payroll records if the contractor is found to be in compliance with the prevailing wage law, whether or not the request is frivolous.

5.

Remedies for a violation of the prevailing wage law.

2009 Wisconsin Act 28 permitted DWD to order a contractor who failed to pay the prevailing wage rate to pay to any affected employee the amount of unpaid wages due, plus 100 percent of that amount as liquidated damages. Prior law permitted only a court to order that payment. This bill eliminates the authority of DWD to order that payment so that under the bill only a court may order that payment.