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Prevailing Wage Compliance Principles

Prevailing Wage Compliance Principles. Jeffery Peyton Office of Contracts Ohio Department of Transportation. Prevailing Wage Compliance Topics. Who needs to be paid prevailing wages? Site of Work Trucking Review of the Certified Payrolls Project Site Visits Reporting Requirements.

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Prevailing Wage Compliance Principles

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  1. Prevailing WageCompliance Principles Jeffery Peyton Office of Contracts Ohio Department of Transportation

  2. Prevailing Wage Compliance Topics • Who needs to be paid prevailing wages? • Site of Work • Trucking • Review of the Certified Payrolls • Project Site Visits • Reporting Requirements

  3. 2011 Threshold Levels • Construction work over $2000 on Federal contracts • over $78,258 (new construction) and $23,447 (reconstruction, alteration and repair) on projects that are 100% State funded. Construction includes: new construction, reconstruction, alteration, and repair of a public improvement over the established dollar threshold.

  4. Who needs to be paid Prevailing Wages • Prevailing Wage laws apply to all laborers and mechanics performing work on the “Site of Work” • Must be paid not less often than weekly • Correct wage determination must be posted at the job site, and readily accessible

  5. Laborers and Mechanics Are defined as: • Workers whose duties are manual or physical in nature - Includes apprentices • Does not include: • Executive, administrative, and professional employees (i.e. timekeepers, inspectors, architects, engineers) • Non-working foremen

  6. Apprentices • 2 Key Points………. • Must be registered in a bona fide apprenticeship program registered with DOL or a DOL approved State apprenticeship agency • Must not exceed the allowable ratio of apprentices to journeymen specified in the Wage Determination or approved plan

  7. Site of the Work • Two prong test to determine the “Site of Work” • Proximity • Must be located “adjacent or virtually adjacent” to the project limits • This has been established to be 1 mile “as the crow flies” • Exclusive • Must be dedicated exclusively to or nearly so, to the performance of the contract or project.

  8. Site of the Work • “Site of Work” does not include a contractor’s or subcontractor’s ….. • permanent home office • commercial batch plants & quarries • other facilities not specifically established for the project at hand.

  9. Truck Drivers • Employee Truck drivers are covered by Davis-Bacon for time: • Spent moving material directly on the project • Hauling material on or off the project from a dedicated source or location considered to be within the “Site of Work” • Time spent loading or unloading materials or supplies on the “site of the work,” if such time is equal to or greater than20% of the drivers total work week

  10. Site of the Work • Again, Site of Work must meet the 2 prong test……….. • Proximity • Must be located “adjacent or virtually adjacent” to the project limits (1 mile) and • Exclusive • Must be dedicated exclusively to the performance of the contract or project.

  11. Owner /Operator Requirements • Must demonstrate a significant and real financial commitment • Lease must be long term (1 year +) • Can not be subject to cancellation at any time. • Must maintain full control over the use and operation of the truck. • Must assume responsibility for all aspects of operating that truck. • Fuel • Repair costs • Vehicle insurance / Permits Fees

  12. Certified Payrolls • Must be submitted weekly • Rates of pay must meet or exceed the rate listed in the wage determination • Project owner / LPA must perform a review of not less than 30% of the payrolls received.

  13. Wages & Fringe Benefits • The total prevailing wage rate (TPWR) is composed of 2 parts: • The basic hourly rate (BHR) and • The fringe benefit package

  14. Fringe Benefit Example • BHR $20.00 • FB $10.00 • Total prevailing wage $30.00 • The contractor may comply by paying…….. • $30.00 in cash wages • $20.00 in cash wages plus $10.00 for FB • $19.00 in cash wages plus $11.00 for FB

  15. Examples of Fringe Benefits • Life Insurance • Health Insurance • Pension • Vacation • Holiday • Sick Leave

  16. Project Site Visits • Regular project site visits should be conducted to interview employees to ensure Prevailing Wage compliance. • Project Bulletin Board must also be reviewed to ensure that all of the required posters are in place

  17. Reporting Requirements • Monthly Wage / EEO report must be completed by the LPA for each active project and returned to the ODOT district office by the 7th of every month

  18. Prevailing Wage Reference Sources • Federally Funded Projects • Davis-Bacon and Related Acts • 29 CFR Parts 1, 3, 5, 6, and 7 • 100% State Funded Projects • ORC 4115, Wages and Hours on Public Works

  19. Wage Determination Websites • USDOL • http://www.wdol.gov/dba.aspx#0 • Ohio Department of Commerce, Wage and Hour Division • http://www.com.ohio.gov/laws/

  20. Questions?????

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