AB68,807,2019 1. All laborers, workers, mechanics, and truck drivers employed on the site of
20a project of public works that is subject to this section.
AB68,808,221 2. All laborers, workers, mechanics, and truck drivers employed in the
22manufacturing or furnishing of materials, articles, supplies, or equipment on the site
23of a project of public works that is subject to this section or from a facility dedicated
24exclusively, or nearly so, to a project of public works that is subject to this section by

1a contractor, subcontractor, agent, or other person performing any work on the site
2of the project.
AB68,808,103 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
4manufacture, pick up, or deliver materials or products from a commercial
5establishment that has a fixed place of business from which the establishment
6supplies processed or manufactured materials or products or from a facility that is
7not dedicated exclusively, or nearly so, to a project of public works that is subject to
8this section is not entitled to receive the prevailing wage rate determined under sub.
9(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
10worked in excess of the prevailing hours of labor unless any of the following applies:
AB68,808,1511 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
12of mineral aggregate such as sand, gravel, or stone and deliver that mineral
13aggregate to the site of a project of public works that is subject to this section by
14depositing the material directly in final place, from the transporting vehicle or
15through spreaders from the transporting vehicle.
AB68,808,1916 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
17of a project of public works that is subject to this section, pick up excavated material
18or spoil from the site of the project, and transport that excavated material or spoil
19away from the site of the project.
AB68,808,2220 (c) A person subject to this section shall pay a truck driver who is an
21owner-operator of a truck separately for his or her work and for the use of his or her
22truck.
AB68,808,23 23(5) Nonapplicability. This section does not apply to any of the following:
AB68,809,524 (a) A single-trade project of public works for which the estimated project cost
25of completion is less than $48,000, a multiple-trade project of public works for which

1the estimated project cost of completion is less than $100,000, or, in the case of a
2multiple-trade project of public works erected, constructed, repaired, remodeled, or
3demolished by a private contractor for a city or village having a population of less
4than 2,500 or for a town, a multiple-trade project of public works for which the
5estimated project cost of completion is less than $234,000.
AB68,809,96 (b) Work performed on a project of public works for which the local
7governmental unit contracting for the project is not required to compensate any
8contractor, subcontractor, contractor's or subcontractor's agent, or individual for
9performing the work.
AB68,809,1110 (c) Minor service or maintenance work, warranty work, or work under a supply
11and installation contract.
AB68,809,1412 (f) A project of public works involving the erection, construction, repair,
13remodeling, or demolition of a residential property containing 2 dwelling units or
14less.
AB68,809,2015 (g) A road, street, bridge, sanitary sewer, or water main project that is a part
16of a development in which not less than 90 percent of the lots contain or will contain
172 dwelling units or less, as determined by the local governmental unit at the time of
18approval of the development, and that, on completion, is acquired by, or dedicated to,
19a local governmental unit, including under s. 236.13 (2), for ownership or
20maintenance by the local governmental unit.
AB68,810,2 21(8) Posting. A local governmental unit that has contracted for a project of
22public works shall post the prevailing wage rates determined by the department, the
23prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
24one conspicuous place on the site of the project that is easily accessible by employees

1working on the project, or, if there is no common site on the project, at the place
2normally used by the local governmental unit to post public notices.
AB68,810,11 3(9) Compliance. (a) When the department finds that a local governmental unit
4has not requested a determination under sub. (3) (am) or that a local governmental
5unit, contractor, or subcontractor has not physically incorporated a determination
6into a contract or subcontract as required under this section or has not notified a
7minor subcontractor of a determination in the manner prescribed by the department
8by rule promulgated under sub. (3) (dm), the department shall notify the local
9governmental unit, contractor, or subcontractor of the noncompliance and shall file
10the determination with the local governmental unit, contractor, or subcontractor
11within 30 days after the notice.
AB68,810,1612 (b) Upon completion of a project of public works and before receiving final
13payment for his or her work on the project, each agent or subcontractor shall furnish
14the contractor with an affidavit stating that the agent or subcontractor has complied
15fully with the requirements of this section. A contractor may not authorize final
16payment until the affidavit is filed in proper form and order.
AB68,811,617 (c) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each contractor shall file with the local
19governmental unit authorizing the work an affidavit stating that the contractor has
20complied fully with the requirements of this section and that the contractor has
21received an affidavit under par. (b) from each of the contractor's agents and
22subcontractors. A local governmental unit may not authorize a final payment until
23the affidavit is filed in proper form and order. If a local governmental unit authorizes
24a final payment before an affidavit is filed in proper form and order or if the
25department determines, based on the greater weight of the credible evidence, that

1any person performing the work specified in sub. (4) has been or may have been paid
2less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
3for all hours worked in excess of the prevailing hours of labor and requests that the
4local governmental unit withhold all or part of the final payment, but the local
5governmental unit fails to do so, the local governmental unit is liable for all back
6wages payable up to the amount of the final payment.
AB68,811,12 7(10) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
8contractor's or subcontractor's agent that performs work on a project of public works
9that is subject to this section shall keep full and accurate records clearly indicating
10the name and trade or occupation of every individual performing the work described
11in sub. (4) and an accurate record of the number of hours worked by each of those
12individuals and the actual wages paid for the hours worked.
AB68,811,2113 (b) The department or the contracting local governmental unit may demand
14and examine, and every contractor, subcontractor, and contractor's or
15subcontractor's agent shall keep, and furnish upon request by the department or
16local governmental unit, copies of payrolls and other records and information
17relating to the wages paid to individuals performing the work described in sub. (4)
18for work to which this section applies. The department may inspect records in the
19manner provided in ch. 103. Every contractor, subcontractor, or agent performing
20work on a project of public works that is subject to this section is subject to the
21requirements of ch. 103 relating to the examination of records.
AB68,812,1022 (c) If requested by any person, the department shall inspect the payroll records
23of any contractor, subcontractor, or agent performing work on a project of public
24works that is subject to this section as provided in this paragraph to ensure
25compliance with this section. On receipt of such a request, the department shall

1request that the contractor, subcontractor, or agent submit to the department a
2certified record of the information specified in par. (a), other than personally
3identifiable information relating to an employee of the contractor, subcontractor, or
4agent, for no longer than a 4-week period. The department may request that a
5contractor, subcontractor, or agent submit those records no more than once per
6calendar quarter for each project of public works on which the contractor,
7subcontractor, or agent is performing work. The department may not charge a
8requester a fee for obtaining that information. Certified records submitted to the
9department under this paragraph are open for public inspection and copying under
10s. 19.35 (1).
AB68,812,1611 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
12s. 103.005 (12) (a) does not apply to a person who fails to provide any information to
13the department to assist the department in determining prevailing wage rates under
14sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge and other
15discriminatory acts arising in connection with any proceeding under this section,
16including proceedings under sub. (11) (a).
AB68,812,23 17(11) Liability and penalties. (a) 1. A contractor, subcontractor, or contractor's
18or subcontractor's agent who fails to pay the prevailing wage rate determined by the
19department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
20pay for all hours worked in excess of the prevailing hours of labor is liable to any
21affected employee in the amount of his or her unpaid wages or his or her unpaid
22overtime compensation and in an additional amount as liquidated damages as
23provided under subd. 2. or 3., whichever is applicable.
AB68,813,724 2. If the department determines upon inspection under sub. (10) (b) or (c) that
25a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay

1the prevailing wage rate determined by the department under sub. (3) or has paid
2less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
3prevailing hours of labor, the department shall order the contractor to pay to any
4affected employee the amount of his or her unpaid wages or his or her unpaid
5overtime compensation and an additional amount equal to 100 percent of the amount
6of those unpaid wages or that unpaid overtime compensation as liquidated damages
7within a period specified by the department in the order.
AB68,813,188 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
9provided in subd. 2., any employee for and on behalf of that employee and other
10employees similarly situated may commence an action to recover that liability in any
11court of competent jurisdiction. If the court finds that a contractor, subcontractor,
12or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
13determined by the department under sub. (3) or has paid less than 1.5 times the
14hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
15the court shall order the contractor, subcontractor, or agent to pay to any affected
16employee the amount of his or her unpaid wages or his or her unpaid overtime
17compensation and an additional amount equal to 100 percent of the amount of those
18unpaid wages or that unpaid overtime compensation as liquidated damages.
AB68,813,2319 5. No employee may be a party plaintiff to an action under subd. 3. unless the
20employee consents in writing to become a party and the consent is filed in the court
21in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
22addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
23and costs to be paid by the defendant.
AB68,814,224 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
25or contractor's or subcontractor's agent who violates this section may be fined not

1more than $200 or imprisoned for not more than 6 months or both. Each day that
2any violation continues is a separate offense.
AB68,814,113 2. Whoever induces any individual who seeks to be or is employed on any
4project of public works that is subject to this section to give up, waive, or return any
5part of the wages to which the individual is entitled under the contract governing the
6project, or who reduces the hourly basic rate of pay normally paid to an individual
7for work on a project that is not subject to this section during a week in which the
8individual works both on a project of public works that is subject to this section and
9on a project that is not subject to this section, by threat not to employ, by threat of
10dismissal from employment, or by any other means is guilty of an offense under s.
11946.15 (1).
AB68,814,2112 3. Any individual employed on a project of public works that is subject to this
13section who knowingly allows a contractor, subcontractor, or contractor's or
14subcontractor's agent to pay him or her less than the prevailing wage rate set forth
15in the contract governing the project, who gives up, waives, or returns any part of the
16compensation to which he or she is entitled under the contract, or who gives up,
17waives, or returns any part of the compensation to which he or she is normally
18entitled for work on a project that is not subject to this section during a week in which
19the individual works both on a project of public works that is subject to this section
20and on a project that is not subject to this section, is guilty of an offense under s.
21946.15 (2).
AB68,815,222 4. Whoever induces any individual who seeks to be or is employed on any
23project of public works that is subject to this section to allow any part of the wages
24to which the individual is entitled under the contract governing the project to be
25deducted 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.
AB68,815,83 5. 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 subject
8to 40 USC 3142.