AB50-ASA2-AA6,195,83(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except 4that s. 103.005 (12) (a) does not apply to a person who fails to provide any 5information to the department to assist the department in determining prevailing 6wage rates under sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge 7and other discriminatory acts arising in connection with any proceeding under this 8section, including proceedings under sub. (11) (a). AB50-ASA2-AA6,195,159(11) Liability and penalties. (a) 1. A contractor, subcontractor, or 10contractor’s or subcontractor’s agent who fails to pay the prevailing wage rate 11determined by the department under sub. (3) or who pays less than 1.5 times the 12hourly basic rate of pay for all hours worked in excess of the prevailing hours of 13labor is liable to any affected employee in the amount of his or her unpaid wages or 14his or her unpaid overtime compensation and in an additional amount as liquidated 15damages as provided under subd. 2. or 3., whichever is applicable. AB50-ASA2-AA6,196,2162. If the department determines upon inspection under sub. (10) (b) or (c) that 17a contractor, subcontractor, or contractor’s or subcontractor’s agent has failed to 18pay the prevailing wage rate determined by the department under sub. (3) or has 19paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 20the prevailing hours of labor, the department shall order the contractor to pay to 21any affected employee the amount of his or her unpaid wages or his or her unpaid 22overtime compensation and an additional amount equal to 100 percent of the
1amount of those unpaid wages or that unpaid overtime compensation as liquidated 2damages within a period specified by the department in the order. AB50-ASA2-AA6,196,1433. In addition to or in lieu of recovering the liability specified in subd. 1. as 4provided in subd. 2., any employee for and on behalf of that employee and other 5employees similarly situated may commence an action to recover that liability in 6any court of competent jurisdiction. If the court finds that a contractor, 7subcontractor, or contractor’s or subcontractor’s agent has failed to pay the 8prevailing wage rate determined by the department under sub. (3) or has paid less 9than 1.5 times the hourly basic rate of pay for all hours worked in excess of the 10prevailing hours of labor, the court shall order the contractor, subcontractor, or 11agent to pay to any affected employee the amount of his or her unpaid wages or his 12or her unpaid overtime compensation and an additional amount equal to 100 13percent of the amount of those unpaid wages or that unpaid overtime compensation 14as liquidated damages. AB50-ASA2-AA6,196,19155. No employee may be a party plaintiff to an action under subd. 3. unless the 16employee consents in writing to become a party and the consent is filed in the court 17in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in 18addition to any judgment awarded to the plaintiff, allow reasonable attorney fees 19and costs to be paid by the defendant. AB50-ASA2-AA6,196,2320(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, 21or contractor’s or subcontractor’s agent who violates this section may be fined not 22more than $200 or imprisoned for not more than 6 months or both. Each day that 23any violation continues is a separate offense. AB50-ASA2-AA6,197,9
12. Whoever induces any individual who seeks to be or is employed on any 2project of public works that is subject to this section to give up, waive, or return any 3part of the wages to which the individual is entitled under the contract governing 4the project, or who reduces the hourly basic rate of pay normally paid to an 5individual for work on a project that is not subject to this section during a week in 6which the individual works both on a project of public works that is subject to this 7section and on a project that is not subject to this section, by threat not to employ, by 8threat of dismissal from employment, or by any other means is guilty of an offense 9under s. 946.15 (1). AB50-ASA2-AA6,197,19103. Any individual employed on a project of public works that is subject to this 11section who knowingly allows a contractor, subcontractor, or contractor’s or 12subcontractor’s agent to pay him or her less than the prevailing wage rate set forth 13in the contract governing the project, who gives up, waives, or returns any part of 14the compensation to which he or she is entitled under the contract, or who gives up, 15waives, or returns any part of the compensation to which he or she is normally 16entitled for work on a project that is not subject to this section during a week in 17which the individual works both on a project of public works that is subject to this 18section and on a project that is not subject to this section, is guilty of an offense 19under s. 946.15 (2). AB50-ASA2-AA6,198,2204. Whoever induces any individual who seeks to be or is employed on any 21project of public works that is subject to this section to allow any part of the wages 22to which the individual is entitled under the contract governing the project to be 23deducted from the individual’s pay is guilty of an offense under s. 946.15 (3), unless
1the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is 2working on a project that is subject to 40 USC 3142. AB50-ASA2-AA6,198,835. Any individual who is employed on a project of public works that is subject 4to this section who knowingly allows any part of the wages to which he or she is 5entitled under the contract governing the project to be deducted from his or her pay 6is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed 7under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is 8subject to 40 USC 3142. AB50-ASA2-AA6,198,1196. Subdivision 1. does not apply to any person who fails to provide any 10information to the department to assist the department in determining prevailing 11wage rates under sub. (3) (am) or (ar). AB50-ASA2-AA6,199,212(12) Debarment. (a) Except as provided under pars. (b) and (c), the 13department shall notify any local governmental unit applying for a determination 14under sub. (3) of the names of all persons that the department has found to have 15failed to pay the prevailing wage rate determined under sub. (3) or has found to 16have paid less than 1.5 times the hourly basic rate of pay for all hours worked in 17excess of the prevailing hours of labor at any time in the preceding 3 years. The 18department shall include with each name the address of the person and shall 19specify when the person failed to pay the prevailing wage rate and when the person 20paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 21the prevailing hours of labor. A local governmental unit may not award any 22contract to the person unless otherwise recommended by the department or unless
13 years have elapsed from the date the department issued its findings or the date of 2final determination by a court of competent jurisdiction, whichever is later. AB50-ASA2-AA6,199,83(b) The department may not include in a notification under par. (a) the name 4of any person on the basis of having subcontracted a contract for a project of public 5works to a person that the department has found to have failed to pay the prevailing 6wage rate determined under sub. (3) or has found to have paid less than 1.5 times 7the hourly basic rate of pay for all hours worked in excess of the prevailing hours of 8labor. AB50-ASA2-AA6,199,129(c) This subsection does not apply to any contractor, subcontractor, or agent 10who in good faith commits a minor violation of this section, as determined on a case-11by-case basis through administrative hearings with all rights to due process 12afforded to all parties or who has not exhausted or waived all appeals. AB50-ASA2-AA6,199,2213(d) Any person submitting a bid or negotiating a contract on a project of public 14works that is subject to this section shall, on the date the person submits the bid or 15negotiates the contract, identify any construction business in which the person, or a 16shareholder, officer, or partner of the person, if the person is a business, owns, or 17has owned at least a 25 percent interest on the date the person submits the bid or 18negotiates the contract or at any other time within 3 years preceding the date the 19person submits the bid or negotiates the contract, if the business has been found to 20have failed to pay the prevailing wage rate determined under sub. (3) or to have 21paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 22the prevailing hours of labor. AB50-ASA2-AA6,199,2323(e) The department shall promulgate rules to administer this subsection. AB50-ASA2-AA6,200,6284.41 (3) Employment regulations. Employment regulations set forth in s. 3103.50 pertaining to wages and hours shall apply to all projects constructed under 4s. 84.40 in the same manner as such laws apply to projects on other state highways. 5Where applicable, the federal wages and hours law known as the Davis-Bacon act 6shall apply. AB50-ASA2-AA6,200,188103.005 (12) (a) If any employer, employee, owner, or other person violates 9chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 10106, within the time prescribed by the department, for which no penalty has been 11specifically provided, or fails, neglects or refuses to obey any lawful order given or 12made by the department or any judgment or decree made by any court in connection 13with chs. 103 to 106, for each such violation, failure or refusal, the employer, 14employee, owner or other person shall forfeit not less than $10 nor more than $100 15for each offense. This paragraph does not apply to any person that fails to provide 16any information to the department to assist the department in determining 17prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 18103.50 (3) or (4). AB50-ASA2-AA6,200,2020103.49 Wage rate on state work. (1) Definitions. In this section: AB50-ASA2-AA6,201,621(a) “Area” means the county in which a proposed project of public works that 22is subject to this section is located or, if the department determines that there is 23insufficient wage data in that county, “area” means those counties that are
1contiguous to that county or, if the department determines that there is insufficient 2wage data in those counties, “area” means those counties that are contiguous to 3those counties or, if the department determines that there is insufficient wage data 4in those counties, “area” means the entire state or, if the department is requested to 5review a determination under sub. (3) (c), “area” means the city, village, or town in 6which a proposed project of public works that is subject to this section is located. AB50-ASA2-AA6,201,127(am) “Bona fide economic benefit” means an economic benefit for which an 8employer makes irrevocable contributions to a trust or fund created under 29 USC 9186 (c) or to any other bona fide plan, trust, program, or fund no less often than 10quarterly or, if an employer makes annual contributions to such a bona fide plan, 11trust, program, or fund, for which the employer irrevocably escrows moneys at least 12quarterly based on the employer’s expected annual contribution. AB50-ASA2-AA6,201,1613(b) “Hourly basic rate of pay” means the hourly wage paid to any employee, 14excluding any contributions or payments for health insurance benefits, vacation 15benefits, pension benefits, and any other bona fide economic benefits, whether paid 16directly or indirectly. AB50-ASA2-AA6,201,1917(bg) “Insufficient wage data” means less than 500 hours of work performed in 18a particular trade or occupation on projects that are similar to a proposed project of 19public works that is subject to this section. AB50-ASA2-AA6,202,220(bj) “Minor service or maintenance work” means a project of public works that 21is limited to minor crack filling, chip or slurry sealing, or other minor pavement 22patching, not including overlays, that has a projected life span of no longer than 5 23years; cleaning of drainage or sewer ditches or structures; or any other limited,
1minor work on public facilities or equipment that is routinely performed to prevent 2breakdown or deterioration. AB50-ASA2-AA6,202,53(br) “Multiple-trade project of public works” means a project of public works 4in which no single trade accounts for 85 percent or more of the total labor cost of the 5project. AB50-ASA2-AA6,202,86(c) “Prevailing hours of labor” for any trade or occupation in any area means 710 hours per day and 40 hours per week and may not include any hours worked on 8a Saturday or Sunday or on any of the following holidays: AB50-ASA2-AA6,202,10102. The last Monday in May. AB50-ASA2-AA6,202,12124. The first Monday in September. AB50-ASA2-AA6,202,13135. The 4th Thursday in November. AB50-ASA2-AA6,202,15157. The day before if January 1, July 4, or December 25 falls on a Saturday. AB50-ASA2-AA6,202,16168. The day following if January 1, July 4, or December 25 falls on a Sunday. AB50-ASA2-AA6,202,2317(d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or 18occupation engaged in the erection, construction, remodeling, repairing, or 19demolition of any project of public works in any area means the hourly basic rate of 20pay, plus the hourly contribution for health insurance benefits, vacation benefits, 21pension benefits, and any other bona fide economic benefit, paid directly or 22indirectly for a majority of the hours worked in the trade or occupation on projects 23in the area. AB50-ASA2-AA6,203,10
12. If there is no rate at which a majority of the hours worked in the trade or 2occupation on projects in the area is paid, “prevailing wage rate” for any trade or 3occupation engaged in the erection, construction, remodeling, repairing, or 4demolition of any project of public works in any area means the average hourly basic 5rate of pay, weighted by the number of hours worked, plus the average hourly 6contribution, weighted by the number of hours worked, for health insurance 7benefits, vacation benefits, pension benefits, and any other bona fide economic 8benefit, paid directly or indirectly for all hours worked at the hourly basic rate of 9pay of the highest-paid 51 percent of hours worked in that trade or occupation on 10projects in that area. AB50-ASA2-AA6,203,1311(em) “Single-trade project of public works” means a project of public works in 12which a single trade accounts for 85 percent or more of the total labor cost of the 13project. AB50-ASA2-AA6,203,1914(f) “State agency” means any office, department, independent agency, 15institution of higher education, association, society, or other body in state 16government created or authorized to be created by the constitution or any law, 17including the legislature and the courts. “State agency” also includes the 18University of Wisconsin Hospitals and Clinics Authority, the Fox River 19Navigational System Authority, and the Wisconsin Aerospace Authority. AB50-ASA2-AA6,204,220(fm) “Supply and installation contract” means a contract under which the 21material is installed by the supplier, the material is installed by means of simple 22fasteners or connectors such as screws or nuts and bolts, and no other work is
1performed on the site of the project of public works, and the total labor cost to 2install the material does not exceed 20 percent of the total cost of the contract. AB50-ASA2-AA6,204,33(g) “Truck driver” includes an owner-operator of a truck. AB50-ASA2-AA6,204,64(1m) Applicability. Subject to sub. (3g), this section applies to any project of 5public works erected, constructed, repaired, remodeled, or demolished for the state 6or a state agency, including all of the following: AB50-ASA2-AA6,204,97(a) A project erected, constructed, repaired, remodeled, or demolished by one 8state agency for another state agency under any contract or under any statute 9specifically authorizing cooperation between state agencies. AB50-ASA2-AA6,204,1310(b) A project in which the completed facility is leased, purchased, lease 11purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or 12a state agency contracting for the erection, construction, repair, remodeling, or 13demolition of the facility. AB50-ASA2-AA6,204,1614(c) A sanitary sewer or water main project in which the completed sanitary 15sewer or water main is acquired by, or dedicated to, the state for ownership or 16maintenance by the state. AB50-ASA2-AA6,205,1617(2) Prevailing wage rates and hours of labor. Any contract made for the 18erection, construction, remodeling, repairing, or demolition of any project of public 19works to which the state or any state agency is a party shall contain a stipulation 20that no individual performing the work described in sub. (2m) may be allowed to 21work a greater number of hours per day or per week than the prevailing hours of 22labor, except that any such individual may be allowed or required to work more than 23such prevailing hours of labor per day and per week if he or she is paid for all hours
1worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or 2her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage 3rate determined under sub. (3) in the same or most similar trade or occupation in 4the area in which the project of public works is situated. The notice published for 5the purpose of securing bids for the project must contain a reference to the 6prevailing wage rates determined under sub. (3) and the prevailing hours of labor. 7Except as otherwise provided in this subsection, if any contract or subcontract for a 8project of public works that is subject to this section is entered into, the prevailing 9wage rates determined under sub. (3) and the prevailing hours of labor shall be 10physically incorporated into and made a part of the contract or subcontract. For a 11minor subcontract, as determined by the department, the department shall 12prescribe by rule the method of notifying the minor subcontractor of the prevailing 13wage rates and prevailing hours of labor applicable to the minor subcontract. The 14prevailing wage rates and prevailing hours of labor applicable to a contract or 15subcontract may not be changed during the time that the contract or subcontract is 16in force. AB50-ASA2-AA6,205,2217(2m) Covered employees. (a) Subject to par. (b), any person subject to this 18section shall pay all of the following employees the prevailing wage rate determined 19under sub. (3) and may not allow such employees to work a greater number of hours 20per day or per week than the prevailing hours of labor, unless the person pays for all 21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times 22the employees’ hourly basic rate of pay: AB50-ASA2-AA6,206,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of 2a project of public works that is subject to this section. AB50-ASA2-AA6,206,832. All laborers, workers, mechanics, and truck drivers employed in the 4manufacturing or furnishing of materials, articles, supplies, or equipment on the 5site of a project of public works that is subject to this section or from a facility 6dedicated exclusively, or nearly so, to a project of public works that is subject to this 7section by a contractor, subcontractor, agent, or other person performing any work 8on the site of the project. AB50-ASA2-AA6,206,169(b) A laborer, worker, mechanic, or truck driver who is employed to process, 10manufacture, pick up, or deliver materials or products from a commercial 11establishment that has a fixed place of business from which the establishment 12supplies processed or manufactured materials or products or from a facility that is 13not dedicated exclusively, or nearly so, to a project of public works that is subject to 14this section is not entitled to receive the prevailing wage rate determined under 15sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours 16worked in excess of the prevailing hours of labor unless any of the following applies: AB50-ASA2-AA6,206,21171. The laborer, worker, mechanic, or truck driver is employed to go to the 18source of mineral aggregate such as sand, gravel, or stone and deliver that mineral 19aggregate to the site of a project of public works that is subject to this section by 20depositing the material directly in final place, from the transporting vehicle or 21through spreaders from the transporting vehicle. AB50-ASA2-AA6,207,2222. The laborer, worker, mechanic, or truck driver is employed to go to the site 23of a project that is subject to this section, pick up excavated material or spoil from
1the site of the project of public works, and transport that excavated material or spoil 2away from the site of the project. AB50-ASA2-AA6,207,53(c) A person that is subject to this section shall pay a truck driver who is an 4owner-operator of a truck separately for his or her work and for the use of his or her 5truck. AB50-ASA2-AA6,207,216(3) Investigation; determination. (a) Before a state agency issues a 7request for bids for any work to which this section applies, the state agency having 8the authority to prescribe the specifications shall apply to the department to 9determine the prevailing wage rate for each trade or occupation required in the 10work under contemplation in the area in which the work is to be done. The 11department shall conduct investigations and hold public hearings as necessary to 12define the trades or occupations that are commonly employed on projects that are 13subject to this section and to inform itself of the prevailing wage rates in all areas of 14the state for those trades or occupations, in order to determine the prevailing wage 15rate for each trade or occupation. The department shall issue its determination 16within 30 days after receiving the request and shall file the determination with the 17requesting state agency. A state agency that has contracted for a project of public 18works subject to this section shall post the prevailing wage rates determined by the 19department, the prevailing hours of labor, and the provisions of subs. (2) and (6m) 20in at least one conspicuous place on the site of the project that is easily accessible by 21employees working on the project. AB50-ASA2-AA6,208,522(am) The department shall, by January 1 of each year, compile the prevailing 23wage rates for each trade or occupation in each area. The compilation shall, in
1addition to the current prevailing wage rates, include future prevailing wage rates 2when those prevailing wage rates can be determined for any trade or occupation in 3any area and shall specify the effective date of those future prevailing wage rates. 4If a project of public works extends into more than one area, the department shall 5determine only one standard of prevailing wage rates for the entire project. AB50-ASA2-AA6,208,146(ar) In determining prevailing wage rates under par. (a) or (am), the 7department may not use data from projects that are subject to this section, s. 866.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines 9that there is insufficient wage data in the area to determine those prevailing wage 10rates, in which case the department may use data from projects that are subject to 11this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining 12prevailing wage rates under par. (a) or (am), the department may not use data from 13any construction work performed by a state agency or a local governmental unit, as 14defined in s. 66.0903 (1) (d). AB50-ASA2-AA6,208,2315(b) Any person may request a recalculation of any portion of an initial 16determination within 30 days after the initial determination date if the person 17submits evidence with the request showing that the prevailing wage rate for any 18given trade or occupation included in the initial determination does not represent 19the prevailing wage rate for that trade or occupation in the area. The evidence shall 20include wage rate information reflecting work performed by individuals working in 21the contested trade or occupation in the area during the current survey period. The 22department shall affirm or modify the initial determination within 15 days after 23the date on which the department receives the request for recalculation. AB50-ASA2-AA6,209,14
1(c) In addition to the recalculation under par. (b), the state agency that 2requested the determination under this subsection may request a review of any 3portion of a determination within 30 days after the date of issuance of the 4determination if the state agency submits evidence with the request showing that 5the prevailing wage rate for any given trade or occupation included in the 6determination does not represent the prevailing wage rate for that trade or 7occupation in the city, village, or town in which the proposed project of public works 8is located. That evidence shall include wage rate information for the contested 9trade or occupation on at least 3 similar projects located in the city, village, or town 10where the proposed project of public works is located on which some work has been 11performed during the current survey period and that were considered by the 12department in issuing its most recent compilation under par. (am). The 13department shall affirm or modify the determination within 15 days after the date 14on which the department receives the request for review. AB50-ASA2-AA6,209,1515(3g) Nonapplicability. This section does not apply to any of the following: AB50-ASA2-AA6,209,1816(a) A single-trade project of public works for which the estimated project cost 17of completion is less than $48,000 or a multiple-trade project of public works for 18which the estimated project cost of completion is less than $100,000. AB50-ASA2-AA6,209,2219(b) Work performed on a project of public works for which the state or the state 20agency contracting for the project is not required to compensate any contractor, 21subcontractor, contractor’s or subcontractor’s agent, or individual for performing 22the work. AB50-ASA2-AA6,210,2
1(c) Minor service or maintenance work, warranty work, or work under a 2supply and installation contract. AB50-ASA2-AA6,210,33(f) A public highway, street, or bridge project. AB50-ASA2-AA6,210,64(g) A project of public works involving the erection, construction, repair, 5remodeling, or demolition of a residential property containing 2 dwelling units or 6less. AB50-ASA2-AA6,210,117(h) A road, street, bridge, sanitary sewer, or water main project that is a part 8of a development in which not less than 90 percent of the lots contain or will contain 92 dwelling units or less, as determined by the local governmental unit at the time of 10approval of the development, and that, on completion, is acquired by, or dedicated 11to, the state for ownership or maintenance by the state. AB50-ASA2-AA6,210,1912(4r) Compliance. (a) When the department finds that a state agency has not 13requested a determination under sub. (3) (a) or that a state agency, contractor, or 14subcontractor has not physically incorporated a determination into a contract or 15subcontract as required under sub. (2) or has not notified a minor subcontractor of 16a determination in the manner prescribed by the department by rule promulgated 17under sub. (2), the department shall notify the state agency, contractor, or 18subcontractor of the noncompliance and shall file the determination with the state 19agency, contractor, or subcontractor within 30 days after the notice. AB50-ASA2-AA6,211,220(b) Upon completion of a project of public works and before receiving final 21payment for his or her work on the project, each agent or subcontractor shall 22furnish the contractor with an affidavit stating that the agent or subcontractor has
1complied fully with the requirements of this section. A contractor may not 2authorize final payment until the affidavit is filed in proper form and order. AB50-ASA2-AA6,211,163(c) Upon completion of a project of public works and before receiving final 4payment for his or her work on the project, each contractor shall file with the state 5agency authorizing the work an affidavit stating that the contractor has complied 6fully with the requirements of this section and that the contractor has received an 7affidavit under par. (b) from each of the contractor’s agents and subcontractors. A 8state agency may not authorize a final payment until the affidavit is filed in proper 9form and order. If a state agency authorizes a final payment before an affidavit is 10filed in proper form and order or if the department determines, based on the 11greater weight of the credible evidence, that any person performing the work 12specified in sub. (2m) has been or may have been paid less than the prevailing wage 13rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess 14of the prevailing hours of labor and requests that the state agency withhold all or 15part of the final payment, but the state agency fails to do so, the state agency is 16liable for all back wages payable up to the amount of the final payment. AB50-ASA2-AA6,211,2217(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, 18or contractor’s or subcontractor’s agent that performs work on a project of public 19works that is subject to this section shall keep full and accurate records clearly 20indicating the name and trade or occupation of every individual performing the 21work described in sub. (2m) and an accurate record of the number of hours worked 22by each of those individuals and the actual wages paid for the hours worked. AB50-ASA2-AA6,212,1023(b) The department shall enforce this section. The department may demand
1and examine, and every contractor, subcontractor, and contractor’s and 2subcontractor’s agent shall keep, and furnish upon request by the department, 3copies of payrolls and other records and information relating to the wages paid to 4individuals performing the work described in sub. (2m) for work to which this 5section applies. The department may inspect records in the manner provided in 6this chapter. Every contractor, subcontractor, or agent performing work on a project 7of public works that is subject to this section is subject to the requirements of this 8chapter relating to the examination of records. Section 111.322 (2m) applies to 9discharge and other discriminatory acts arising in connection with any proceeding 10under this section. AB50-ASA2-AA6,213,211(c) If requested by any person, the department shall inspect the payroll 12records of any contractor, subcontractor, or agent performing work on a project of 13public works that is subject to this section as provided in this paragraph to ensure 14compliance with this section. On receipt of such a request, the department shall 15request that the contractor, subcontractor, or agent submit to the department a 16certified record of the information specified in par. (a), other than personally 17identifiable information relating to an employee of the contractor, subcontractor, or 18agent, for no longer than a 4-week period. The department may request a 19contractor, subcontractor, or agent to submit those records no more than once per 20calendar quarter for each project of public works on which the contractor, 21subcontractor, or agent is performing work. The department may not charge a 22requester a fee for obtaining that information. Certified records submitted to the
1department under this paragraph are open for public inspection and copying under 2s. 19.35 (1). AB50-ASA2-AA6,213,93(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or 4contractor’s or subcontractor’s agent who fails to pay the prevailing wage rate 5determined by the department under sub. (3) or who pays less than 1.5 times the 6hourly basic rate of pay for all hours worked in excess of the prevailing hours of 7labor is liable to any affected employee in the amount of his or her unpaid wages or 8his or her unpaid overtime compensation and in an additional amount as liquidated 9damages as provided in subd. 2. or 3., whichever is applicable. AB50-ASA2-AA6,213,18102. If the department determines upon inspection under sub. (5) (b) or (c) that 11a contractor, subcontractor, or contractor’s or subcontractor’s agent has failed to 12pay the prevailing wage rate determined by the department under sub. (3) or has 13paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 14the prevailing hours of labor, the department shall order the contractor to pay to 15any affected employee the amount of his or her unpaid wages or his or her unpaid 16overtime compensation and an additional amount equal to 100 percent of the 17amount of those unpaid wages or that unpaid overtime compensation as liquidated 18damages within a period specified by the department in the order. AB50-ASA2-AA6,214,7193. In addition to or in lieu of recovering the liability specified in subd. 1. as 20provided in subd. 2., any employee for and on behalf of that employee and other 21employees similarly situated may commence an action to recover that liability in 22any court of competent jurisdiction. If the court finds that a contractor, 23subcontractor, or contractor’s or subcontractor’s agent has failed to pay the
1prevailing wage rate determined by the department under sub. (3) or has paid less 2than 1.5 times the hourly basic rate of pay for all hours worked in excess of the 3prevailing hours of labor, the court shall order the contractor, subcontractor, or 4agent to pay to any affected employee the amount of his or her unpaid wages or his 5or her unpaid overtime compensation and an additional amount equal to 100 6percent of the amount of those unpaid wages or that unpaid overtime compensation 7as liquidated damages. AB50-ASA2-AA6,214,1285. No employee may be a party plaintiff to an action under subd. 3. unless the 9employee consents in writing to become a party and the consent is filed in the court 10in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in 11addition to any judgment awarded to the plaintiff, allow reasonable attorney fees 12and costs to be paid by the defendant. AB50-ASA2-AA6,214,1613(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor, 14or contractor’s or subcontractor’s agent who violates this section may be fined not 15more than $200 or imprisoned for not more than 6 months or both. Each day that a 16violation continues is a separate offense. AB50-ASA2-AA6,215,217(b) Whoever induces an individual who seeks to be or is employed on any 18project of public works that is subject to this section to give up, waive, or return any 19part of the wages to which the individual is entitled under the contract governing 20the project, or who reduces the hourly basic rate of pay normally paid to an 21individual for work on a project that is not subject to this section during a week in 22which the individual works both on a project of public works that is subject to this 23section and on a project that is not subject to this section, by threat not to employ, by
1threat of dismissal from employment, or by any other means is guilty of an offense 2under s. 946.15 (1). AB50-ASA2-AA6,215,123(c) Any individual who is employed on a project of public works that is subject 4to this section who knowingly allows a contractor, subcontractor, or contractor’s or 5subcontractor’s agent to pay him or her less than the prevailing wage rate set forth 6in the contract governing the project, who gives up, waives, or returns any part of 7the compensation to which he or she is entitled under the contract, or who gives up, 8waives, or returns any part of the compensation to which he or she is normally 9entitled for work on a project that is not subject to this section during a week in 10which the individual works both on a project of public works that is subject to this 11section and on a project that is not subject to this section, is guilty of an offense 12under s. 946.15 (2). AB50-ASA2-AA6,215,1813(d) Whoever induces any individual who seeks to be or is employed on any 14project of public works that is subject to this section to allow any part of the wages 15to which the individual is entitled under the contract governing the project to be 16deducted from the individual’s pay is guilty of an offense under s. 946.15 (3), unless 17the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is 18working on a project that is subject to 40 USC 3142. AB50-ASA2-AA6,216,219(e) Any individual who is employed on a project of public works that is subject 20to this section who knowingly allows any part of the wages to which he or she is 21entitled under the contract governing the project to be deducted from his or her pay 22is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
1under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is 2subject to 40 USC 3142. AB50-ASA2-AA6,216,53(f) Paragraph (am) does not apply to any person who fails to provide any 4information to the department to assist the department in determining prevailing 5wage rates under sub. (3) (a) or (am). AB50-ASA2-AA6,216,176(7) Debarment. (a) Except as provided under pars. (b) and (c), the 7department shall distribute to all state agencies a list of all persons that the 8department has found to have failed to pay the prevailing wage rate determined 9under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of 10pay for all hours worked in excess of the prevailing hours of labor at any time in the 11preceding 3 years. The department shall include with any name the address of the 12person and shall specify when the person failed to pay the prevailing wage rate and 13when the person paid less than 1.5 times the hourly basic rate of pay for all hours 14worked in excess of the prevailing hours of labor. A state agency may not award any 15contract to the person unless otherwise recommended by the department or unless 163 years have elapsed from the date the department issued its findings or date of 17final determination by a court of competent jurisdiction, whichever is later. AB50-ASA2-AA6,216,2318(b) The department may not include in a notification under par. (a) the name 19of any person on the basis of having subcontracted a contract for a project of public 20works to a person that the department has found to have failed to pay the prevailing 21wage rate determined under sub. (3) or has found to have paid less than 1.5 times 22the hourly basic rate of pay for all hours worked in excess of the prevailing hours of 23labor. AB50-ASA2-AA6,217,4
1(c) This subsection does not apply to any contractor, subcontractor, or agent 2who in good faith commits a minor violation of this section, as determined on a case-3by-case basis through administrative hearings with all rights to due process 4afforded to all parties or who has not exhausted or waived all appeals. AB50-ASA2-AA6,217,135(d) Any person submitting a bid on a project of public works that is subject to 6this section shall, on the date the person submits the bid, identify any construction 7business in which the person, or a shareholder, officer, or partner of the person if 8the person is a business, owns or has owned at least a 25 percent interest on the 9date the person submits the bid or at any other time within 3 years preceding the 10date the person submits the bid, if the business has been found to have failed to pay 11the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 12times the hourly basic rate of pay for all hours worked in excess of the prevailing 13hours of labor. AB50-ASA2-AA6,217,1414(e) The department shall promulgate rules to administer this subsection.
/2025/related/amendments/ab50/aa6_asa2_ab50
true
amends
/2025/related/amendments/ab50/aa6_asa2_ab50/401/_9
amends/2025/REG/AB50-ASA2-AA6,202,9
amends/2025/REG/AB50-ASA2-AA6,202,9
section
true