Jeffery PeytonOffice of ContractsOhio Department of Transportation

Who needs to be paid prevailing wages?

Site of Work

Trucking

Review of the Certified Payrolls

Project Site Visits

Reporting Requirements

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.

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

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

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

Two prong test to determine the “Site of Work”

ProximityMust be located “adjacent or virtually adjacent” to the project limits

This has been established to be 1 mile “as the crow flies”

ExclusiveMust be dedicated exclusively to or nearly so, to the performance of the contract or project.

“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.

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 than 20% of the drivers total work week

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

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.

The total prevailing wage rate (TPWR) is composed of 2 parts:

The basic hourly rate (BHR) and

The fringe benefit package

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

Life Insurance Health Insurance Pension Vacation Holiday Sick Leave

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

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

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

USDOL

http://www.wdol.gov/dba.aspx#0

Ohio Department of Commerce, Wage and Hour Division

http://www.com.ohio.gov/laws/