Minnesota Department of Transportation

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Labor Compliance

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Labor classification requirements

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.).

How does a contractor determine an appropriate classification of labor?

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 use one of the following for reference 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: