Chapter DWD 290

DWD 290.08 History History: 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 290.09 DWD 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)1. 1. The trades or occupations required.

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 History History: 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 290.10 DWD 290.10 Procedure for an administrative review.

DWD 290.10(1) (1) This section applies to a request for review by a local government unit under s. 66.0903 (3) (br), 2009 Stats., an owner or developer of real property under s. 66.0904 (4) (e), 2009 Stats., or a state agency under s. 103.49 (3) (c), 2009 Stats.

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)(a) (a) The request is in writing.

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 Note Note: 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 History History: 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 290.11 DWD 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 History History: 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 290.12 DWD 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 History History: 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 290.13 DWD 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) (2) Record retention.

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 History History: 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 290.14 DWD 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) (2) Record retention.

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 History History: 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 290.145 DWD 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 History History: 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 290.155 DWD 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:

DWD 290.155(2)(b) (b) It is advertised separately.

DWD 290.155(2)(c) (c) It is bid or negotiated separately.

DWD 290.155(2)(d) (d) It is awarded separately.

DWD 290.155(2)(e) (e) It is not dependent on another segment of work for completion.

DWD 290.155(3) (3) The estimated cost of completion of a project of public works shall include labor costs based on the most current prevailing wage rates available from the department, material, furnishings, and other things of value required to be supplied by a contractor or its subcontractors to construct a specific project.

DWD 290.155(4) (4) The estimated cost of completion of a project of public works shall not include land cost, architectural fees, engineering fees, planning and research costs, the projected value of the hourly labor performed by volunteers, the value of donated materials, and administrative costs.

DWD 290.155 History History: Cr. Register, November, 1976, No. 251, eff. 12-1-76; r. and recr. Register, January, 1980, No. 289, eff. 2-1-80; am. Register, May, 1982, No. 317, eff. 6-1-82; am. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, June, 1987, No. 378, eff. 7-1-87; am. Register, October, 1990, No. 418, eff. 11-1-90; am. Register, November, 1993, No. 455, eff. 12-1-93; am., Register, September, 1997, No. 501, eff. 10-1-97; emerg. am. eff. 2-13-98; am. Register, August, 1998, No. 512, eff. 9-1-98; emerg. am. eff. 1-4-99; am. Register, May, 1999, No. 521, eff. 6-1-99; renum. to be (1) and am., cr. (2) to (4), Register, July, 2000, No. 535, eff. 8-1-00; CR 02-011: am. (1), Register June 2002 No. 558, eff. 7-1-02; emerg. am. (1), eff. 1-1-03; CR 03-008: am. (1) Register May 2003 No. 569, eff. 6-1-03; emerg. am. (1), eff. 1-1-04; CR 04-006: am. (1) Register May 2004 No. 581, eff. 6-1-04; emerg. am. (1) eff. 1-1-05; CR 05-007: am. (1) Register May 2005 No. 593, eff. 6-1-05; emerg. am. (1), eff. 1-1-06; CR 06-004: am. (1) Register May 2006 No. 605, eff. 6-1-06; emerg. am. eff. 1-1-07; CR 07-003: am. (1) Register June 2007 No. 618, eff. 7-1-07; emerg. am. (1), eff. 1-1-08; CR 08-003: am. (1) Register May 2008 No. 629, eff. 6-1-08; EmR0838: emerg. am. (1), eff. 1-1-09; CR 09-001: am. (1) Register June 2009 No. 642, eff. 7-1-09; CR 10-092: am. (1), (2) (intro.), (3), (4), cr. (1m), r. (2) (a) Register December 2010 No. 660, eff. 1-1-11.

DWD 290.16 DWD 290.16 Complaints. Any person may request an inspection pursuant to s. 66.0903 (10) (c), 66.0904 (8) (c), or 103.49 (5) (c), 2009 Stats. The request shall be in writing and shall identify the involved project; contractor, subcontractor, or agent; and trade or occupation. The requestor shall sign a statement that he or she understands the obligation to pay costs assessed pursuant to s. 66.0903 (10) (c), 66.0904 (8) (c), or 103.49 (5) (c), 2009 Stats., if the contractor, subcontractor, or agent is found to be in compliance.

DWD 290.16 History History: 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; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: am. 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 290.17 DWD 290.17 Standard contract language.

DWD 290.17(1) (1) Every state agency or local governmental unit shall insert or cause to be inserted a clause in every prime contract that clearly states that the applicable project of public works is subject to the provisions of either s. 66.0903 or 103.49, 2009 Stats., and ch. DWD 290.

DWD 290.17(2) (2) Every owner or developer of real property shall insert or cause to be inserted a clause in every prime contract that clearly states that the applicable publicly funded private construction project is subject to the provisions of s. 66.0904, 2009 Stats., and ch. DWD 290.

DWD 290.17(3) (3) Every contractor who contracts with another contractor, subcontractor or agent to complete work on a project of public works or a publicly funded private construction project shall provide a copy of the applicable prevailing wage determination for the project to the contractor.

DWD 290.17 History History: Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; CR 10-092: renum. to be (1) and am., cr. (2), (3) Register December 2010 No. 660, eff. 1-1-11; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2017 No. 738.

DWD 290.18 DWD 290.18 Electronic certified payroll records.

DWD 290.18(1) (1) Contractor reporting. Except as noted in sub. (2), by the 7th day of the month following a month in which a contractor, subcontractor, or contractor’s or subcontractor’s agent performs work on a prevailing wage project, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload certified payroll records to the department’s website that comply with the applicable electronic formatting requirements, including the identification of each person who has performed work on the prevailing wage project.

DWD 290.18(2) (2) Union contractor reporting.

DWD 290.18(2)(a) (a) If the contractor, subcontractor, or contractor’s or subcontractor’s agent has persons who are subject to a collective bargaining agreement performing work on a prevailing wage project for which the collective bargaining agreement wage rates equal or exceed the prevailing wage rate, then, by the 7th day of the month following the first month in which the contractor, subcontractor, or contractor’s or subcontractor’s agent performs work on the prevailing wage project, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload certified payroll records that comply with the applicable electronic formatting requirements and upload an electronic copy of the applicable collective bargaining agreement if it does not already appear on the prevailing wage public display of collective bargaining agreements. For any month in which there is a change to the collective bargaining agreement wage rate, the contractor, subcontractor, or contractor’s or subcontractor’s agent shall upload subsequent certified payroll records that comply with the applicable electronic formatting requirements for union contractors and upload an electronic copy of the collective bargaining agreement if it does not already appear on the prevailing wage public display of collective bargaining agreements.

DWD 290.18(2)(b) (b) If the contractor, subcontractor, or contractor’s or subcontractor’s agent has persons who are subject to a collective bargaining agreement performing work on a prevailing wage project for which the collective bargaining agreement wage rates do not equal or exceed the prevailing wage rate, then the contractor, subcontractor, or contractor’s or subcontractor’s agent is subject to sub. (1).

DWD 290.18 History History: CR 10-092: cr. Register December 2010 No. 660, eff. 1-1-11.

DWD 290.19 DWD 290.19 Application of effective date.

DWD 290.19(1) (1) Projects of public works, requests for bids. For projects under s. 66.0903, 2009 Stats., which are subject to bidding, the department shall apply the threshold amount of $25,000 to projects for which a request for bids is issued after January 1, 2010.

DWD 290.19(2) (2) Projects of public works, negotiated contracts. For projects under s. 66.0903, 2009 Stats., which are covered by negotiated contracts, the department shall apply the threshold amount of $25,000 to projects for which an agreement is made after January 1, 2010, as shown by a signed contract or other evidence of an agreement.

DWD 290.19(3) (3) Publicly funded private construction projects, requests for bids. For projects under s. 66.0904, 2009 Stats., which are subject to bidding, the department shall apply the threshold amount of $1,000,000 to projects for which a request for bids is issued after January 1, 2010 and for which at least $1,000,000 in direct financial assistance is committed as of the date that the request for bids is issued.