WISCONSIN PREVAILING WAGE
FREQUENTLY ASKED QUESTIONS ON STATE PREVAILING WAGE
Whether you are just starting out as a prevailing wage contractor or just looking to keep yourself updated, we have compiled these resources about state prevailing wage. Here are the most common questions of prevailing wage contractors and workers to help expand your knowledge!
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If you are a contractor working for public works projects in the state of Wisconsin, then you will have three prevailing wage laws to note of:
(1) Wisconsin Statute § 66.0903 – this statute covers projects negotiated by a local government unit;
(2) Wisconsin Statute § 103.49 – this statute covers bids by a state agency except highway and bridge projects; and
(3) Wisconsin Statute § 103.50 – this statute covers state highway and bridge projects bid by the Department of Transportation.
The first two statutes are enforced by the Department of Workforce Development while the third one is enforced by the Wisconsin Department of Transportation.
Read on below for the commonly asked questions of contractors on Wisconsin Prevailing Wage laws.
What makes up the prevailing wage rate in Wisconsin?
The prevailing wage rate for all job classifications includes the hourly basic rate plus the fringe benefits. You can pay the total wage rate in two ways:
(a) all cash in lieu of any fringe benefits; or
(b) a combination of cash and bona fide fringe benefits.
Are there special conditions on some of the covered workers of the Wisconsin Prevailing Wage Laws?
A laborer, worker, or truck driver employed to process, manufacture, pick up or deliver materials or products from a commercial establishment or from a facility that is not dedicated exclusively to public works projects shall not be entitled to receive compensation at the prevailing wage rate unless any two of the following conditions are met:
(a) said employee is employed to go to the source of mineral aggregate and deliver that aggregate to the public work project site by depositing the material directly to its final place; or
(b) said employee goes to the public work project site to pick up excavated material or spoil from the site and transport said materials away from the project site.
How much should a public construction cost in Wisconsin so that prevailing wage regulations will apply?
Public work projects in Wisconsin must have a total estimated cost equal or more than the following thresholds:
(a) Single-trade project (where single trade accounts to 85% or more of the total labor cost) must cost at least $48,000.
(b) Multiple-trade project (where no single trade accounts to 85% or more of the total labor cost) must cost at least $100,000 (unless the project falls under the third threshold).
(c) Multi-trade project of $234,000 applied to projects erected, built, repaired, improved, demolished, or remodeled for a city or college with a population less than 2400, or for a town.
How often are the prevailing wage rates in Wisconsin updated?
Additional increases are considered as futures in the wage determinations. Prevailing wage determinations, after they are issued, are never updated, regardless of project duration, change in local wage conditions or change in CBA’s.
Is it possible to request for a change in prevailing wage after the determination is issued?
An appeal to the Governor can be made if the DOT considers any rate issued under WS § 103.50 as incorrect.
Is there a regulation regarding overtime in the Wisconsin Prevailing Wage Laws?
Is there a different rate for work incurred on weekends?
Is there a different rate for work incurred on legal holidays?
Submission of certified payroll record on a weekly basis is usually The Wisconsin prevailing wage requires that any work incurred on the following 6 holidays must be paid 1.5 times the basic hourly rate pay:
(a) New Year’s Day
(b) Memorial Day
(c) July 4th
(d) Labor Day
Additional days that require compensation of 1.5 times the basic hourly rate pay are:
(a) the day before a holiday if New Year’s Day, July 4 or Christmas falls on a Saturday
(b) the day after a holiday if New Year’s Day, July 4, or Christmas falls on a Sunday.
Is there a different rate for each working shift?
What are considered fringe benefits by the Wisconsin prevailing wage laws?
Wisconsin prevailing wage laws consider the following as fringe benefits:
- health insurance;
- holiday pay;
- pension; and
- retirement contributions paid by the employer.
Meanwhile, the following shall not be considered fringe benefits because they are required by law:
- social security;
- unemployment insurance;
- workers compensation;
- payment for uniforms, lodging, meals, mileage;
- use of a vehicle; and
- riding time and waiting time.
Am I required to contribute to a training fund?
Is there a different rate for each working shift?
The apprentice that you hire must be registered either:
- in a bona fide apprenticeship program administered by the US DOL,
- a state agency recognized by the DOL, or
- under the Wisconsin apprenticeship law.
The apprentice must also be approved by the Wisconsin DWD Bureau of Apprentice Standards.
You cannot pay an unregistered apprentice less than the prevailing wage rate. Apprentices must be paid a percentage of the journeyman’s hourly basic pay and hourly fringe benefit contributions as indicated in the Wisconsin prevailing wage rate determination. The percentage is stated in the apprentice’s contract or indenture.
There is no provision in the Wisconsin prevailing wage law on the number of apprentices that you can hire but the Local Joint Apprenticeship Committee and the DWD’s Bureau of Apprenticeship prescribe the ratio of apprentices to journeymen.
Am I required to pay for my prevailing wage workers’ travel and subsistence?
Subsistence is not part of the prevailing wage rate.
What are the licensing requirements that I need to note as a contractor?
What are my duties as a contractor in Wisconsin?
Upon request by the DWD, you must submit certified payroll records for a 4-week period. The DWD must make these certified records public for inspection.
A violation of the prevailing wage laws will subject the contractor to a fine of up to $200 per day, or imprisonment for not more than six months, or both. Violations can also result in a forfeiture of $10 to $100 a day.
Under special circumstances, the DWD may recover up to an additional 50% of any due unpaid wages. Normally, this may only be recovered if a contractor failed to complete a self-audit.
What are the provisions for debarment under the Wisconsin prevailing wage law?
The following violations can cause debarment:
(a) Failing to pay an employee the proper prevailing wage rate
(b) Failing to pay an employee at least 1.5 times the proper hourly basic rate of pay overtime work
(c) Inducing any employee to give up, return, or waive a portion of their prevailing wage
(d) Deliberately destroying, perjuring, falsifying, or failing to keep a record of the payroll of the prevailing wage workers.
ENSURE COMPLIANCE WITH WISCONSIN PREVAILING WAGE LAW WITH HELP FROM ARCHER JORDAN, YOUR TRUSTED FRINGE BENEFIT PARTNER.
When working for public work projects in Wisconsin, it is your responsibility as a prevailing wage contractor to be compliant to the state’s prevailing wage laws. ARCHER JORDAN’s team of fringe benefits experts will help you be compliant with the law, while providing your prevailing wage employees with the perfect fringe benefit plans.
Call ARCHER JORDAN today for more information.