AB 183

Under the current prevailing wage law, certain laborers, workers, mechanics,

and truck drivers employed on a state or local project of public works must be paid

at the rate paid for a majority of the hours worked in the person's trade or occupation

in the county in which the project is located, as determined by the Department of

Workforce Development (DWD), and may not be required or permitted to work a

greater number of hours per day and per week than the prevailing hours of labor, that

is, no more than ten hours per day and 40 hours per week, unless they are paid 1.5

times their basic rate of pay (overtime pay) for all hours worked in excess of the

prevailing hours of labor.

2009 Wisconsin Act 28

made various changes to the prevailing wage law,

including: 1) expanding the applicability of that law to cover publicly funded private

construction projects and certain projects acquired by, or dedicated to, a local

governmental unit or the state; 2) lowering the threshold for applicability of that law

to a project of public works; 3) requiring contractors to submit payroll records to

DWD; 4) requiring DWD to charge a requester for the cost of inspecting payroll

records only if the request is frivolous; and 5) permitting DWD to order back pay and

liquidated damages for a violation of that law. This bill alters or eliminates those

changes. The bill also makes certain changes relating to: 1) statewide uniformity

of the prevailing wage law; 2) calculation of the prevailing wage rate; 3)

nonapplicability of the prevailing wage law to small municipalities and small

residential projects; and 4) the treatment of volunteers, truck drivers,

subjourneypersons, and incidental work under the prevailing wage law.

Specifically, with respect to altering or eliminating changes made by

2009

Wisconsin Act 28

:

1.

Publicly funded private construction projects, turnkey projects, and

acquired or dedicated projects.

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