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1(am) “Bona fide economic benefit" means an economic benefit for which an
2employer makes irrevocable contributions to a trust or fund created under
29 USC
3186 (c) or to any other bona fide plan, trust, program, or fund no less often than
4quarterly or, if an employer makes annual contributions to such a bona fide plan,
5trust, program, or fund, for which the employer irrevocably escrows moneys at least
6quarterly based on the employer's expected annual contribution.
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(b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
8excluding any contributions or payments for health insurance benefits, vacation
9benefits, pension benefits, and any other bona fide economic benefits, whether paid
10directly or indirectly.
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(bg) “Insufficient wage data" means less than 500 hours of work performed in
12a particular trade or occupation on projects that are similar to a proposed project of
13public works that is subject to this section.
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(bj) “Minor service or maintenance work" means a project of public works that
15is limited to minor crack filling, chip or slurry sealing, or other minor pavement
16patching, not including overlays, that has a projected life span of no longer than 5
17years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
18work on public facilities or equipment that is routinely performed to prevent
19breakdown or deterioration.
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(br) “Multiple-trade project of public works" means a project of public works
21in which no single trade accounts for 85 percent or more of the total labor cost of the
22project.
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(c) “Prevailing hours of labor" for any trade or occupation in any area means
2410 hours per day and 40 hours per week and may not include any hours worked on
25a Saturday or Sunday or on any of the following holidays:
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11. January 1.
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2. The last Monday in May.
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4. The first Monday in September.
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5. The 4th Thursday in November.
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6. December 25.
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7. The day before if January 1, July 4, or December 25 falls on a Saturday.
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8. The day following if January 1, July 4, or December 25 falls on a Sunday.
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(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
10occupation engaged in the erection, construction, remodeling, repairing, or
11demolition of any project of public works in any area means the hourly basic rate of
12pay, plus the hourly contribution for health insurance benefits, vacation benefits,
13pension benefits, and any other bona fide economic benefit, paid directly or indirectly
14for a majority of the hours worked in the trade or occupation on projects in the area.
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2. If there is no rate at which a majority of the hours worked in the trade or
16occupation on projects in the area is paid, “prevailing wage rate" for any trade or
17occupation engaged in the erection, construction, remodeling, repairing, or
18demolition of any project of public works in any area means the average hourly basic
19rate of pay, weighted by the number of hours worked, plus the average hourly
20contribution, weighted by the number of hours worked, for health insurance benefits,
21vacation benefits, pension benefits, and any other bona fide economic benefit, paid
22directly or indirectly for all hours worked at the hourly basic rate of pay of the
23highest-paid 51 percent of hours worked in that trade or occupation on projects in
24that area.
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1(em) “Single-trade project of public works" means a project of public works in
2which a single trade accounts for 85 percent or more of the total labor cost of the
3project.
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(f) “State agency" means any office, department, independent agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law,
7including the legislature and the courts. “State agency" also includes the University
8of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
9Authority, and the Wisconsin Aerospace Authority.
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(fm) “Supply and installation contract" means a contract under which the
11material is installed by the supplier, the material is installed by means of simple
12fasteners or connectors such as screws or nuts and bolts, and no other work is
13performed on the site of the project of public works, and the total labor cost to install
14the material does not exceed 20 percent of the total cost of the contract.
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(g) “Truck driver" includes an owner-operator of a truck.
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16(1m) Applicability. Subject to sub. (3g), this section applies to any project of
17public works erected, constructed, repaired, remodeled, or demolished for the state
18or a state agency, including all of the following:
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(a) A project erected, constructed, repaired, remodeled, or demolished by one
20state agency for another state agency under any contract or under any statute
21specifically authorizing cooperation between state agencies.
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(b) A project in which the completed facility is leased, purchased, lease
23purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
24a state agency contracting for the erection, construction, repair, remodeling, or
25demolition of the facility.
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1(c) A sanitary sewer or water main project in which the completed sanitary
2sewer or water main is acquired by, or dedicated to, the state for ownership or
3maintenance by the state.
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4(2) Prevailing wage rates and hours of labor. Any contract made for the
5erection, construction, remodeling, repairing, or demolition of any project of public
6works to which the state or any state agency is a party shall contain a stipulation that
7no individual performing the work described in sub. (2m) may be allowed to work a
8greater number of hours per day or per week than the prevailing hours of labor,
9except that any such individual may be allowed or required to work more than such
10prevailing hours of labor per day and per week if he or she is paid for all hours worked
11in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
12basic rate of pay; nor may he or she be paid less than the prevailing wage rate
13determined under sub. (3) in the same or most similar trade or occupation in the area
14in which the project of public works is situated. The notice published for the purpose
15of securing bids for the project must contain a reference to the prevailing wage rates
16determined under sub. (3) and the prevailing hours of labor. Except as otherwise
17provided in this subsection, if any contract or subcontract for a project of public works
18that is subject to this section is entered into, the prevailing wage rates determined
19under sub. (3) and the prevailing hours of labor shall be physically incorporated into
20and made a part of the contract or subcontract. For a minor subcontract, as
21determined by the department, the department shall prescribe by rule the method
22of notifying the minor subcontractor of the prevailing wage rates and prevailing
23hours of labor applicable to the minor subcontract. The prevailing wage rates and
24prevailing hours of labor applicable to a contract or subcontract may not be changed
25during the time that the contract or subcontract is in force.
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1(2m) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays for all
5hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
6the employees' hourly basic rate of pay:
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1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project of public works that is subject to this section.
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2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project of public works that is subject to this section or from a facility dedicated
12exclusively, or nearly so, to a project of public works that is subject to this section by
13a contractor, subcontractor, agent, or other person performing any work on the site
14of the project.
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(b) A laborer, worker, mechanic, or truck driver who is employed to process,
16manufacture, pick up, or deliver materials or products from a commercial
17establishment that has a fixed place of business from which the establishment
18supplies processed or manufactured materials or products or from a facility that is
19not dedicated exclusively, or nearly so, to a project of public works that is subject to
20this section is not entitled to receive the prevailing wage rate determined under sub.
21(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor unless any of the following applies: