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WYOMING 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!

The state of Wyoming has its own prevailing wage law – the Wyoming Prevailing Wage Act of 1967 (WPWA). Prevailing wage rates are determined through a survey on contractors and unions, both within and outside Wyoming, The most common rate becomes the prevailing wage for a given trade classification.

If you are a Wyoming based contractor looking forward to take on government funded construction projects, read on below to orient yourself with the prevailing wage regulations of the state.

How much should a public construction cost in Wyoming so that prevailing wage regulations will apply?
Construction projects that cost more than $100,000 are governed by the WPWA. Construction can include construction, reconstruction, improvement, enlargement, alteration or repair.
Can increases occur for the established prevailing wage rates?
Increase in prevailing wage occurs if the prevailing wage rate or weighted average wage rate is greater than the prevailing wage rates of the preceding year.
Is there a regulation regarding overtime in the WPWA?
Overtime incurred is paid 1.5 times the basic hourly rate, in excess of 8 hours worked in a day, or 40 hours in a week. This is true for all laborers, workmen, or mechanics employed in public works.
Is there a different rate for work incurred on weekends?
There is no provision in the WPWA that mandates different rates for work incurred on weekends.
Is there a different rate for work incurred on legal holidays?
The WPWA mandates different rates for work incurred on legal holidays.
Is there a different rate for each working shift?
The WPWA has different rates for different work shifts. If in the event that an agreement was entered in a CBA between employer and employee regarding rates for different work shifts, then the CBA will prevail.
What are fringe benefits?

Fringe benefits are the usual and customary benefits paid to the prevailing wage worker on top of his basic hourly rate. Fringe benefits must include the following:

  • medical and dental payments or hospital care
  • pensions on retirement or death
  • disability benefits and life insurance
  • vacation and holiday pay
  • apprenticeship or other US Bureau of Apprenticeship and Training approved training program or as approved by DOT and federal highway administration
  • Annuity or other 401K plans
Am I required to contribute to a training fund?
No, the WPWA does not mandate contribution to a training fund. Training contribution however, can be calculated as part of the fringe benefit.
I want to hire apprentices in my prevailing wage project in Wyoming. What should I know before hiring one?

The apprentice must be registered in an apprenticeship program approved by the US Department of Labor, or a training program approved by the DOT.

Registered/approved training/apprenticeship programs are paid as follows:

a) during the first half of the training period, the apprentice is paid at a rate not less than 60% of the appropriate minimum journeyman’s wage rate specified within the employment contract;

b) during the period commencing upon completion of the first half of the training program and ending upon completion of 75% of the program, the apprentice is paid at a rate not less than 75% of the appropriate minimum journeyman’s wage rate specified within the employment contract

c) during the remaining portion and until completion of the training program, at a rate not less than 90% of the appropriate minimum journeyman’s wage rate specified in the employment contract.

Do I need to pay for travel and subsistence of my prevailing wage workers?
The WPWA does not require you to pay for your prevailing wage workers’ travel and subsistence. If however, the CBA requires travel and subsistence pay, then it may be enforced and required.
What are the licensing requirements that I need to note as a contractor in Wyoming?
The Labor Standards Division does not require or issue contractor licenses. Contractors (except electrical) are licensed at the local (city/county) level and all Wyoming resident contractors can apply for certification to receive a five percent bid preference on public works construction projects.
What are my duties as a contractor?
You must keep an accurate record showing the names and occupations of all workmen employed in a construction project, and showing also the actual wages paid to each of the workmen.
What are the penalties to erring and violating contractors?
Contractors who willfully violate the provisions and regulations of the WPWA will be fined at a maximum of $500 or be imprisoned at a maximum term of 6 months, or both. WPWA however has no barring provisions for erring contractors.

BE COMPLIANT WITH WYOMING PREVAILING WAGE LAWS WITH HELP FROM ARCHER JORDAN.

In every project you undertake with the state of Wyoming, let us help you be compliant with the state’s prevailing wage law. ARCHER JORDAN’s team of fringe benefits experts will help you with WPWA compliance, and at the same time help your company save thousands of dollars.

Call ARCHER JORDAN today, and find out why our bona fide fringe benefit plans are the perfect plans for your prevailing wage employees!