DWD 290.035 NoteNote: Examples of sewer, water, or tunnel construction projects include, but are not limited to, aqueducts; catch basins; cofferdams; compressed air tunnels; culverts; forcemains; free air tunnels; drop-in lift stations; manholes; marine work; open cut trenches; sanitary sewers; sewage collection or disposal lines; shafts; storm sewers; tunnels, except for subways; water mains; and water supply or distribution lines.
DWD 290.035(3)(3) Airport pavement or state highway construction. An airport pavement or state highway construction project includes all airport projects and all projects awarded by the Wisconsin department of transportation that do not include buildings. DWD 290.035 NoteNote: Examples of airport pavement or state highway construction projects include, but are not limited to, airport aprons, runways, or taxiways; base courses; bituminous pavement; brick paving; bridges; concrete pavement; curbs; excavation or embankment for road construction; fencing; grade crossing elimination or separation, such as overpasses or underpasses; guard rails; gutters; landscaping; lighting or traffic control; marine work; medians; parkways; public sidewalks; resurfacing; shoulders; signs; stabilizing courses; and storm sewers, sanitary sewers, or water supply lines incidental to airport pavement or state highway construction.
DWD 290.035(4)(4) Local street or miscellaneous paving construction. A local street or miscellaneous paving construction project includes roads, streets, alleys, trails, bridges, paths, parking lots and driveways that are not subject to sub. (5), public sidewalks, and racetracks. Projects awarded by the Wisconsin department of transportation are excluded. DWD 290.035 NoteNote: Examples of local street or miscellaneous paving construction projects include, but are not limited to, alleys; athletic field paving work; base courses; bike or bridle paths; bituminous pavement; brick paving; bridges; concrete pavement; curbs; driveways; excavation or embankment for road construction; fencing; grade crossing elimination or separation, such as overpasses or underpasses; guard rails; gutters; landscaping; lighting or traffic control; marine work; medians; parking lots; parkways; public sidewalks; racetracks; recreational trails; resurfacing; roadways; shoulders; signs; and stabilizing courses.
DWD 290.035(5)(5) Residential or agricultural construction. A residential or agricultural construction project includes single family houses or apartment buildings of no more than 4 stories in height and all buildings, structures, or facilities that are primarily used for agricultural or farming purposes, excluding commercial buildings. For classification purposes, the primary consideration is the exterior height of a residential building in stories. Residential or agricultural construction includes all incidental items such as site work, driveways, parking lots, private sidewalks, swimming pools, and private septic systems or sewer and water laterals connected to a public system. DWD 290.035 NoteNote: Examples of residential or agricultural construction projects include, but are not limited to, apartment buildings of 4 stories or less, barns, breeding facilities, condominiums of 4 stories or less, convents, cribs, fencing, garages, grain bins, greenhouses that are not incidental to retail, irrigation wells, land clearing, manure pits, nurseries, sheds, silos, single-family houses, stables, storage or outbuildings, student housing of 4 stories or less, swimming pools, town or row houses, training, riding or exhibition facilities, and water wells that are not subject to sub. (1).
DWD 290.035 HistoryHistory: Cr. Register, September, 1997, No. 501, eff. 10-1-97; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00. DWD 290.04(1)(1) An employer may discharge its obligation for payment for work done less than or equal to the prevailing hours of labor as defined in s. 103.49 (1) (c), 2009 Stats., by paying the total prevailing wage rate in cash or by paying in cash and incurring costs for bona fide economic benefits if the total of the cash payment and the total hourly contribution for the bona fide economic benefits equal or exceed the total prevailing wage rate. DWD 290.04(2)(2) Before an employer can be given credit for any unfunded economic benefit plan or program, the employer shall supply a copy of the plan or program to the department and comply with all other provisions of s. DWD 290.01 (10) (c). DWD 290.04(3)(3) Unconventional plans shall be approved by the department before any credit will be given to an employer. DWD 290.04 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; am. (1), Register, September, 1990, No. 418, eff. 10-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.05DWD 290.05 Overtime wages. All hours worked by a laborer, worker, mechanic or truck driver in excess of the prevailing hours of labor per day or per week must be paid at a rate at least 1.5 times the hourly basic rate of pay. Sums paid by an employer for bona fide economic benefits shall be excluded in the computation of the overtime premium. In no event can the rate upon which the overtime premium is calculated be less than the amount determined by the department as the hourly basic rate of pay. Nor can the rate upon which the overtime premium is calculated be less than the straight time cash payment made to the laborer, worker, mechanic or truck driver or be less than the employee’s normal hourly basic rate of pay, if it is higher. Contributions by employees are not excluded from the rate upon which the overtime premium is computed; that is, an employee’s overtime premium rate is computed on the taxable earnings before any deductions are made for the employee’s contributions to bona fide economic benefits. The employer’s contributions, costs or cash payments for bona fide economic benefits may be excluded in computing the overtime premium rate so long as the exclusions do not reduce the overtime premium rate below the hourly basic rate contained in the prevailing wage rate determination issued for a project. DWD 290.05 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; am. Register, January, 1986, No. 361, eff. 2-1-86; am. Register, July, 2000, No. 535, eff. 8-1-00. DWD 290.08DWD 290.08 Prevailing wage rate determinations for individual projects. DWD 290.08(1)(1) Every state agency or local governmental unit shall request the department to determine the prevailing wage rates for all trades or occupations required to complete any project of public works which meets or exceeds the dollar thresholds provided in s. DWD 290.155. DWD 290.08(1m)(1m) Every owner or developer of a publicly funded private construction project shall request the department to determine the prevailing wage rates for all trades or occupations required to complete the project. DWD 290.08(2)(2) A request under this section shall be made on the form numbered ERD-5719, which shall be provided at no charge by the department, or on an equivalent electronic form. DWD 290.08(3)(3) The department may be notified about ensuing projects as far in advance as possible. However, the official request to the department to determine the prevailing wage rates for all trades and occupations required to complete the work contemplated shall be made between 50 to 60 days before making a contract by direct negotiation or soliciting bids. DWD 290.08(4)(4) A prevailing wage rate determination that is issued on or before June 30 in a particular year shall remain in effect for the remainder of the calendar year. A prevailing wage rate determination that is issued after June 30 shall remain in effect for 180 days. DWD 290.08 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; cr. (4), Register, September, 1997, No. 501, eff. 10-1-97; am. (1) and (3), Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), (2), cr. (1m) Register December 2010 No. 660, eff. 1-1-11. DWD 290.09DWD 290.09 Procedure for requesting exemption from applying for individual project prevailing wage rate determinations. DWD 290.09(1)(1) The petition of any local governmental unit for exemption from applying to the department to determine the prevailing wage rates for any individual public works project pursuant to s. 66.0903 (6), 2009 Stats., or the petition of an owner or developer of real property for exemption from applying to the department to determine the prevailing wage rates for any individual publicly funded private construction project pursuant to s. 66.0904, 2009 Stats., shall be sent to the department and shall include: DWD 290.09(1)(a)(a) A certified copy of the ordinance or other enactment setting forth the standards, policy, procedure and practice followed in determining the prevailing wage rates for all trades or occupations required in the work contemplated. DWD 290.09(1)(b)(b) A current schedule of prevailing wage rates for all trades or occupations required for any project of public works or publicly funded private construction project, setting forth all of the following: DWD 290.09(1)(b)2.2. The current and future hourly basic rates of pay, the hourly contribution for bona fide economic benefits and any premium pay, if applicable, for these trades or occupations. DWD 290.09(1)(b)3.3. The types of projects of public works or publicly funded private construction projects, by kind and size, that are subject to the ordinance or other enactment. DWD 290.09(1)(b)4.4. The effective date of the hourly basic rates of pay and hourly contribution for bona fide economic benefits. DWD 290.09(1)(c)(c) Frequency of, method of, and responsibility for updating the schedule of prevailing wage rates, hours of labor and hourly basic pay rates. DWD 290.09(1)(d)(d) Name, title, address and phone number of person to whom the exemption order is to be mailed. DWD 290.09(2)(2) Upon request of the department, the local government unit or the owner or developer of real property shall also supplement its petition with information pertinent to determining the granting of an exemption. DWD 290.09(3)(3) An exemption will be granted for a period no longer than 18 months. A new petition shall be filed with the department each time continuation of the exemption is desired beyond the termination date granting such exemption. DWD 290.09(4)(4) Each exemption is subject to revocation for cause at any time, and also subject to observance of the applicable provisions of Wisconsin laws, rules and regulations of the department, and of the agreements included in the petition and application. The provisions of ch. DWD 290, and ss. 66.0903 (1), (3), (4), (5), (8), (9) (b) and (c), (10), (11) and (12), and 66.0904 (1), (2), (3), (5), (7) (b) and (c), (8), (9) and (10), 2009 Stats., remain in effect and are not included within an exemption. DWD 290.09(5)(5) No exemption shall be granted unless the local governmental unit has enacted a methodology to enforce the payment of the prevailing wage rates determined pursuant to its ordinance or enactment and that methodology has been approved by the department. DWD 290.09 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; am. (4), Register, September, 1990, No. 418, eff. 10-1-90; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (1) (intro.), (a), (2) and (4), r. and recr. (1) (b), cr. (5), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) (intro.) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1) (intro.), (b) (intro.), 3., (2), (4) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (intro.), (4) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.10DWD 290.10 Procedure for an administrative review. DWD 290.10(2)(2) A request for review by a local governmental unit, an owner or developer of real property, or a state agency will be accepted for consideration if the request meets the following requirements: DWD 290.10(2)(b)(b) The request is made within 30 days from the date the determination was issued. A request is timely under this section if it is received by mail with a postmark date within the review period. DWD 290.10(2)(c)(c) The request is made at least 10 days before the date that construction contracts are awarded or negotiated. DWD 290.10(2)(d)(d) The request includes wage rate information for the contested trade or occupation on at least 3 projects of the same type located in the city, village or town where the proposed project is located and on which some work was performed within the applicable survey period and which was previously considered by the department in issuing the determination. DWD 290.10(3)(3) In the course of its review, the department shall consider wage rate information from all other similar projects on which work was performed within the city, village or town during the applicable survey period. The department shall follow the same calculation criteria employed in the survey determinations. DWD 290.10 NoteNote: The department is required to affirm or modify the determination within 15 days after the date on which the department receives the request for review. Section 66.0903 (3) (br), 66.0904 (4) (e), or 103.49 (3) (c), 2009 Stats. DWD 290.10 HistoryHistory: Cr. Register, January, 1967, No. 133, eff. 2-1-67; r. and recr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (c), Register, June, 1987, No. 378, eff. 7-1-87; am. (1) (c), Register, September, 1990, No. 418, eff. 11-1-90; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, September, 1997, No. 501, eff. 10-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1), (2) (intro.) Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.11DWD 290.11 Procedure when a covered entity fails to request a required prevailing wage rate determination or incorporate a required prevailing wage rate determination into a contract. DWD 290.11(1)(1) When the department finds that a state agency or local governmental unit has not requested a prevailing wage rate determination as required under s. 66.0903 (3) (am) or 103.49 (3), 2009 Stats., the department shall promptly notify the state agency or local governmental unit of the noncompliance. DWD 290.11(1m)(1m) When the department finds that an owner or developer has not requested a prevailing wage rate determination as required under s. 66.0904 (4) (a), 2009 Stats., the department shall promptly notify the owner or developer of the noncompliance. DWD 290.11(2)(2) The state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), shall file an application for a prevailing wage rate determination, on a form prescribed by the department, within 10 days of the department’s notice of noncompliance. DWD 290.11(3)(3) The department shall issue the prevailing wage rate determination within 30 days of the notice of noncompliance. DWD 290.11(4)(4) The local governmental unit or state agency notified under sub. (1), or an owner or developer notified under sub. (1m), may request a review of the prevailing wage rate determination within 30 days of the issuance of the determination pursuant to s. DWD 290.10. DWD 290.11(5)(5) If the state agency or local governmental unit notified under sub. (1), or an owner or developer notified under sub. (1m), failed to incorporate a prevailing wage rate determination into a contract or bid, the local governmental unit, state agency, owner or developer shall either terminate the contract and resolicit bids using the prevailing wage rate determination or incorporate the determination retroactive to the beginning of construction through supplemental agreement or change order. The employer shall be compensated for any increases in wages resulting from the change and any amount of liquidated damages assessed by the department to the employer under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats. The method of incorporation of the prevailing wage rate determination and the adjustment in the contract or bid price shall be in accordance with applicable procurement law. DWD 290.11 HistoryHistory: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. (2), cr. (3), Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (intro.), Register, June, 1987, No. 378, eff. 7-1-87; correction in (1) (c) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, September, 1997, No. 501, eff. 10-1-97; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (title), (2), (4), (5), cr. (1m) Register December 2010 No. 660, eff. 1-1-11; correction in (1), (1m), (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.12DWD 290.12 Posting of prevailing wage rates. DWD 290.12(1)(1) A clearly legible copy of the prevailing wage rate determination issued by the department or exempted local governmental unit, together with the provisions of s. 66.0903 (10) (a) and (11) (a), 66.0904 (8) (a) and (9) (a), or 103.49 (2) and (6m), 2009 Stats., shall be kept posted in at least one conspicuous and easily accessible place on the site of each project by the contracting state agency, owner or developer of real property, or local governmental unit and the notice shall remain posted during the full time any laborer, worker, mechanic or truck driver is employed on the project. DWD 290.12(2)(2) If there is no appropriate site on a project, a local governmental unit may post the prevailing wage rate determination at the place normally used to post public notices. DWD 290.12(3)(3) Before the date that work is first performed by a minor subcontractor, a contractor or subcontractor that hires a minor subcontractor shall provide a copy of the prevailing wage determination for the project to the minor subcontractor. DWD 290.12 HistoryHistory: Cr. Register, January, 1976, No. 241, eff. 2-1-76; am. Register, January, 1986, No. 361, eff. 2-1-86; am. (1) (intro.), Register, June, 1987, No. 378, eff. 7-1-87; renum. to be (1), cr. (2), Register, September, 1997, No. 501, eff. 10-1-97; am. (1), renum. (2) to be (3), cr. (2), Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. (1), (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.13DWD 290.13 Evidence of compliance by agent and subcontractor. DWD 290.13(1)(1) Affidavit of compliance. Upon completion of their portion of work on a project of public works or a publicly funded private construction project and prior to receiving final payment for work on the project, each agent or subcontractor shall file an agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with its prime contractor. DWD 290.13(2)(a)(a) Each agent or subcontractor who performed work on a project of public works or a publicly funded private construction project shall retain the following records for at least 3 years after the last day on which the prime contractor and all its agents or subcontractors completed work on the site of the project: DWD 290.13(2)(a)1.1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project. DWD 290.13(2)(a)2.2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, from each of its agents or subcontractors that performed work on the project. DWD 290.13(2)(b)(b) The required records shall be made available for inspection upon request of the department, state agency, or local governmental unit. DWD 290.13(2)(c)(c) The location of the required records shall be designated in the affidavit required under sub. (1). The records shall not be moved from the designated location without prior notice of the new location and the expected move date to the state agency or local governmental unit. DWD 290.13(3)(3) Subcontractor notification. Any contractor, subcontractor, contractor’s agent or subcontractor’s agent who fails to provide its subcontractors and agents the applicable prevailing wage determination for the project as noted in s. DWD 290.17 is liable for any amount of liquidated damages assessed by the department to the subcontractor or agent under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats. DWD 290.13 HistoryHistory: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. Register, January, 1986, No. 361, eff. 2-1-86; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), (2) (a) (intro.), cr. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.14DWD 290.14 Evidence of compliance by prime contractor. DWD 290.14(1)(1) Affidavit of compliance. Upon completion of the project of public works or publicly funded private construction project and prior to receiving its final payment for work on the project, each prime contractor shall file a prime contractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with the state agency, local governmental unit, or owner or developer of real property that awarded the contract. DWD 290.14(2)(a)(a) Each prime contractor shall retain the following records for at least 3 years after the last day on which the prime contractor and all its agents or subcontractors completed work on the site of the project: DWD 290.14(2)(a)1.1. An accurate record of the name, trade or occupation, hours worked, and actual wages paid for all of its employees who performed work on the project. DWD 290.14(2)(a)2.2. A properly completed agent or subcontractor affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, from each of its agents or subcontractors that performed work on the project. DWD 290.14(2)(b)(b) The required records shall be made available for inspection upon request of the department, state agency, or local governmental unit. DWD 290.14(2)(c)(c) The location of the required records shall be designated in the affidavit required under sub. (1). The records shall not be moved from the designated location without prior notice of the new location and the expected move date to the state agency or local governmental unit. DWD 290.14(3)(3) Subcontractor notification. Any prime contractor who fails to provide its subcontractors and agents the applicable prevailing wage determination for the project as noted in s. DWD 290.17 is liable for any amount of liquidated damages assessed by the department to the subcontractor or agent under s. 66.0903 (11) (a), 66.0904 (9) (a), or 103.49 (6m) (ag), 2009 Stats. DWD 290.14 HistoryHistory: Cr. Register, January, 1976, No. 241, eff. 2-1-76; r. and recr. (2), Register, January, 1986, No. 361, eff. 2-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; r. and recr. Register, July, 2000, No. 535, eff. 8-1-00; CR 10-092: am. (1), cr. (3) Register December 2010 No. 660, eff. 1-1-11; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.145DWD 290.145 Evidence of compliance by owner or developer of real property. Prior to the local governmental unit accepting the dedication of any work completed under s. 66.0903 (2), 2009 Stats., each owner or developer of real property shall file an owner or developer affidavit of compliance with the prevailing wage rate determination, on a form prescribed by the department, with the local governmental unit. DWD 290.145 HistoryHistory: CR 10-092: cr. Register December 2010 No. 660, eff. 1-1-11; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738. DWD 290.155DWD 290.155 Minimum estimated project costs. DWD 290.155(1)(1) This chapter does not apply to any project of public works for which the estimated cost of completion is below $25,000. DWD 290.155(1m)(1m) This chapter does not apply to a publicly funded private construction project that receives less than $1,000,000 in direct financial assistance from a local governmental unit. DWD 290.155(2)(2) The estimated cost of completion of a project of public works shall include all contracts and subcontracts that are closely related in purpose, time, and place. Similar or related work may be considered a separate project of public works only if all of the following apply to each portion of work:
