Who is subject to prevailing wage?
A laborer or mechanic that is performing work duties that are considered manual or physical in nature under a contract that is funded in whole or part with state and/or federal funds is subject to the Minnesota Prevailing Wage Act and/or the Federal Davis-Bacon and Related Acts. The term laborer or mechanic does not include workers whose duties are primarily administrative, executive, or clerical in nature. Classifications of labor include: laborers, specialty equipment operators, heavy equipment operators, truck drivers and specialty crafts (i.e., carpenters, electricians, ironworkers, sheet metal workers, etc.).
Pursuant with the state and federal prevailing wage laws, a contractor must assign a worker a classification of labor whose duties are similar to those performed by the laborer or mechanic, regardless of the worker’s skill level. Therefore, a contractor shall reference the state Master Job Classification List, state job classification definitions, Minnesota Rules 5200.1101 and 5200.1102 or the U.S. Department of Labor’s O*NET website to determine an appropriate classification of labor.
What are the processes if a labor classification cannot be determined?
If a contractor cannot determine an appropriate classification of labor, the contractor shall contact the Labor Compliance Unit for assistance. If the contractor disputes the recommendation provided, the contractor shall complete and submit to the project engineer and/or the Labor Compliance unit one or both of the following:
- Classification Clarification Request Form (PDF, 52 KB) – This form will be forwarded to the Minnesota Department of Labor and Industry for processing; a determination should be provided within two weeks.
- Request for Authorization of Additional Classification and Rate Form (PDF, 511 KB) – This form will be forwarded to the United States Department of Labor for processing; a determination should be provided within 30 days. Once a decision is issued, the prime contractor will be notified and then must post the conformed classification and wage rate documents on the poster board. Contractors needing clarification regarding the completion of the form should refer to the Request for Authorization of Additional Classification and Rate Form Instructions (Word, 38 KB).
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