Contributions for employe benefits - "Fringe benefits" paid or to be paid, including payment made whether directly or indirectly, to the workmen for sick, disability, death, other than Workmen's Compensation, medical, surgical, hospital, vacation, travel expense, retirement and pension benefits. Every covered employer shall file a Prevailing Wage Certifying Statement, by January 31 of the following calendar year, with the Controller or the Controllers authorized agent certifying that all workers have been paid no less than the wage required by their contact or, if any wages remain unpaid, set forth the amount of wages due and owing to each worker respectively, and certify that the job classification for each employee conforms with the work performed. (a) For the purpose of making a determination of the general prevailing minimum wage rates in the locality in which the public work is to be performed for each craft or classification during the anticipated term of the contract, the Secretary may ascertain and consider the wage rates and employe benefits established by collective bargaining agreements. The rates must be accessible to all workers. A wage determination lists wage rates determined by the by the Wage and Hour Division (WHD) to be prevailing in a specific geographic area for a certain type of construction and is required to be posted by the contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. If a contractor signs a certification statement that it knows to be false, they could be subject to a misdemeanor charge, fines up to $2,500, and/or a prison term of not more than five years. If the formal protest is filed with the Secretary, it is the duty of the Secretary to direct the fiscal or financial officer of the public body or the person charged with the custody of the disbursement of the funds of the public body, to deduct the money so due and owing from the whole amount or of any payment due the contractor. Getting paid on a construction job is already complex enough. The Bureau of Labor Law Compliance updated its Pennsylvania Building Journeyperson Laborer Notes . Prevailing Wages in Construction Contracts McNamara-O'Hara Service Contract Act (SCA) For additional assistance, please contact: The Wage and Hour Division of the U.S. Department of Labor: 1-866-4-US-WAGE (1-866-487-9243) Your state Labor Office When you contact us at DOL, all discussions with us, including complaints, are free and confidential. Rates shall be determined for varying types of projects within the entire range of work performed by the building and construction industry. The public body when notified by the Secretary that a verified petition has been filed shall extend the closing date for the submission of bids until 5 days after the Secretary's final determination. Apprentice - A person employed and working under a bona fide apprenticeship program, directly related to the particular craft involved in the construction industry and registered with an approved by the Pennsylvania Apprenticeship and Training Council and whose training and employment are in full compliance with the provisions of The Apprenticeship and Training Act (43 P. S. 90.1 - 90.10), approved July 14, 1961. Assigned Field Office: Scranton. Phone: 717-787-5017. Awarding Agency: Luzerne County 911 Contract Award Date: 10/26/2018 Serial Number: 18-06977 Project Classification: Heavy Determination Date: 10/12/2018 Assigned Field Office: Scranton Field Office Phone Number: (570)963-4577 Toll Free Phone Number: (877)214-3962 Project County: Luzerne County BUREAU OF LABOR LAW COMPLIANCE PREVAILING WAGES . Any individual or organization may file a complaint with the County Controller for any violation of this section by directly calling the County Controllers Office (412-350-4300).Please fill out alternative form Click Here. According to U.S. Census data, Pennsylvania state and local governments spend more than $10 billion on construction. was not preempted by Employee Retirement and Income Security Act (ERISA), 29 U.S.C.A. If a contractor is found to have intentionally not paid the required rates, they could be barred from public work for up to three years. 9.110. The provisions of this Subchapter E issued under act of August 15, 1961 (P.L. This record shall be preserved for two (2) years from the date of final payment and shall be available for inspection by the County Controller or the Controllers authorized agent at all reasonable hours. Nine counties had rates of wage gains that were above the national rate of 6.7 percent. Maintenance work - The repair of existing facilities when the size, type or extent of the facilities is not thereby changed or increased. Keystone State. Granting authority to the Secretary to consider fringe benefits determined by collective bargaining when he is making prevailing wage determinations is not an unconstitutional denial of equal protection to nonunion contractors and employes, since he is not required to make his determination solely on the basis of rates in collective bargaining. A copy of this request shall be given to interested parties and shall also be posted at an appropriate place at the site of the public work project. Petition for review of rates and hearing. (d) Work performed under a rehabilitation program arranged by and at a State institution primarily for teaching and up-grading the skills and employment opportunities of the inmates of the institution is not to be considered public work performed by a public body as defined in the act and this Subchapter. The Controller is also authorized to monitor all building service, food service, grocery and hotel contractors receiving County subsidies pay employees prevailing wages. You may be trying to access this site from a secured browser on the server. (b) If a bona fide collective bargaining agreement has expired by the terms thereof, the Secretary may ascertain and consider the wage rates and employe benefits established thereby until a new bona fide collective bargaining agreement, as defined in 9.102 (relating to definitions), has been executed. In Pennsylvania, prevailing wage laws apply to any state or municipal construction project funded with public funds that cost over $25,000. This determination shall be final unless within 10 days an appeal is filed with the Appeals Board. Granting authority to the Secretary to consider fringe benefits determined by collective bargaining when he is making prevailing wage determinations is not an unconstitutional denial of equal protection to nonunion contractors and employes, since he is not required to make his determination solely on the basis of rates in collective bargaining. Labor & Industry Building. Keystone State. Punch list work might seem minor, but it has an improportionate impact on payment. Box 8774. This section cited in 34 Pa. Code 9.105 (relating to determination of classification and general prevailing minimum wage rates). Municipal Finance Section. Higher labor costs can put a real crunch on your cash flow during a prevailing wage job. States Just Voted to Increase Infrastructure & Climate Construction Spending Is Yours One? (b) The Secretary will, after notice and hearing as prescribed by section 8 of the act, make a final determination of the general prevailing minimum wage rates to be paid to workmen on the public work project. Division of Municipal Facilities 9.110. workforceinfo@pa.gov with your comments. What Do I Do If I Miss a Preliminary Notice Deadline? Overbilling occurs when a contractor bills for contracted labor and materials prior to that work actually being completed. "Fringe benefits" means bona fide benefits contribution, except those required by Federal/State law (unemployment tax, workers' compensation, income taxes, etc.). (10) Wages shall be paid without deductions except authorized deductions. (a) A prospective bidder or his representative, a representative of a group of employers engaged in the particular type of construction, reconstruction, demolition, alteration or repair work, a representative of a craft or classification of workmen or the public body affected by the determination made by the Secretary, may on verified petition request a review of this determination in accordance with the procedures required by section 8 of the act (43 P. S. 165-8). The specifications for every contract for a public work as defined herein shall contain at least the following conditions, provisions and requirements: (2) The contract shall contain the stipulation that workmen shall be paid at least the general prevailing minimum wage rates and other provisions to assure payment thereof as set forth in this section. If the Secretary determines that the failure to pay the general prevailing minimum wage rates intentional, he will thereupon notify the public bodies of the names of the persons or firms and no contract may be awarded to the person or firms or to a firm, corporation or partnership in which the person or firms have an interest until 3 years have elapsed from the date of the notice to the public bodies. It is the responsibility of the Pennsylvania Department of Environmental Protection (DEP) to implement the Davis-Bacon Wage Rate requirements as it applies to the recipients of funding provided by the Clean Water and Drinking Water State Revolving Fund (SRF) programs. Deep dive: How Do Prevailing Wage Laws Work in Construction? Additional classifications shall be made in conformity with this procedure. Also, be sure to keep good records. U.S. Department of Labor200 Constitution Ave NW, Washington, DC 202101-866-487-2365, The Wage and Hour Division of the U.S. Department of Labor: 1-866-4-US-WAGE (1-866-487-9243), Learn about filing a complaint with the Wage & Hour Division, Worker Organizing and Resource Knowledge (WORK) Center, Prevailing Wages in Construction Contracts, McNamara-O'Hara Service Contract Act (SCA), The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors, My employer isnt keeping records of my hours or pay, Im not getting the family or medical leave to which Im entitled, I think someone is employing children unlawfully, I think I am owed prevailing wages on a covered federal or federally funded or assisted contract. Below is a listing of the Occupational Wages by County. Posting of wage rates. Harrisburg, PA 17105-8774. Application of Davis-Bacon (DB) Wage Rates by Change Order. If the contract is federally funded, prevailing wages may be obtained from the US Department of Labor, Wage and Hour Division office in Philadelphia at 215-861-5830. A workmen paid less than the rate specified in the contract shall have a civil right of action for the difference between the wage paid and the wages stipulated in the contract, which right of action shall be exercised within 6 months from the occurrence of the event creating the right. It is no defense that workmen accepted or agreed to accept less than the required rate of wages or voluntarily made refunds, in any form or manner. If the Secretary, after hearing, has determined that the failure to pay the general prevailing minimum wage rate was not intentional he shall afford the person or firm a reasonable opportunity to adjust the matter by making payment to the workmen or providing adequate security to insure payment. 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