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(f) A public highway, street, or bridge project.
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1(g) A project of public works involving the erection, construction, repair,
2remodeling, or demolition of a residential property containing 2 dwelling units or
3less.
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(h) A road, street, bridge, sanitary sewer, or water main project that is a part
5of a development in which not less than 90 percent of the lots contain or will contain
62 dwelling units or less, as determined by the local governmental unit at the time of
7approval of the development, and that, on completion, is acquired by, or dedicated to,
8the state for ownership or maintenance by the state.
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9(4r) Compliance. (a) When the department finds that a state agency has not
10requested a determination under sub. (3) (a) or that a state agency, contractor, or
11subcontractor has not physically incorporated a determination into a contract or
12subcontract as required under sub. (2) or has not notified a minor subcontractor of
13a determination in the manner prescribed by the department by rule promulgated
14under sub. (2), the department shall notify the state agency, contractor, or
15subcontractor of the noncompliance and shall file the determination with the state
16agency, contractor, or subcontractor within 30 days after the notice.
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(b) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each agent or subcontractor shall furnish
19the contractor with an affidavit stating that the agent or subcontractor has complied
20fully with the requirements of this section. A contractor may not authorize final
21payment until the affidavit is filed in proper form and order.
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(c) Upon completion of a project of public works and before receiving final
23payment for his or her work on the project, each contractor shall file with the state
24agency authorizing the work an affidavit stating that the contractor has complied
25fully with the requirements of this section and that the contractor has received an
1affidavit under par. (b) from each of the contractor's agents and subcontractors. A
2state agency may not authorize a final payment until the affidavit is filed in proper
3form and order. If a state agency authorizes a final payment before an affidavit is
4filed in proper form and order or if the department determines, based on the greater
5weight of the credible evidence, that any person performing the work specified in sub.
6(2m) has been or may have been paid less than the prevailing wage rate or less than
71.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
8hours of labor and requests that the state agency withhold all or part of the final
9payment, but the state agency fails to do so, the state agency is liable for all back
10wages payable up to the amount of the final payment.
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11(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
12contractor's or subcontractor's agent that performs work on a project of public works
13that is subject to this section shall keep full and accurate records clearly indicating
14the name and trade or occupation of every individual performing the work described
15in sub. (2m) and an accurate record of the number of hours worked by each of those
16individuals and the actual wages paid for the hours worked.
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(b) The department shall enforce this section. The department may demand
18and examine, and every contractor, subcontractor, and contractor's and
19subcontractor's agent shall keep, and furnish upon request by the department,
20copies of payrolls and other records and information relating to the wages paid to
21individuals performing the work described in sub. (2m) for work to which this section
22applies. The department may inspect records in the manner provided in this chapter.
23Every contractor, subcontractor, or agent performing work on a project of public
24works that is subject to this section is subject to the requirements of this chapter
25relating to the examination of records. Section 111.322 (2m) applies to discharge and
1other discriminatory acts arising in connection with any proceeding under this
2section.
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(c) If requested by any person, the department shall inspect the payroll records
4of any contractor, subcontractor, or agent performing work on a project of public
5works that is subject to this section as provided in this paragraph to ensure
6compliance with this section. On receipt of such a request, the department shall
7request that the contractor, subcontractor, or agent submit to the department a
8certified record of the information specified in par. (a), other than personally
9identifiable information relating to an employee of the contractor, subcontractor, or
10agent, for no longer than a 4-week period. The department may request a contractor,
11subcontractor, or agent to submit those records no more than once per calendar
12quarter for each project of public works on which the contractor, subcontractor, or
13agent is performing work. The department may not charge a requester a fee for
14obtaining that information. Certified records submitted to the department under
15this paragraph are open for public inspection and copying under s. 19.35 (1).
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16(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
17contractor's or subcontractor's agent who fails to pay the prevailing wage rate
18determined by the department under sub. (3) or who pays less than 1.5 times the
19hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
20is liable to any affected employee in the amount of his or her unpaid wages or his or
21her unpaid overtime compensation and in an additional amount as liquidated
22damages as provided in subd. 2. or 3., whichever is applicable.
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2. If the department determines upon inspection under sub. (5) (b) or (c) that
24a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
25the prevailing wage rate determined by the department under sub. (3) or has paid
1less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
2prevailing hours of labor, the department shall order the contractor to pay to any
3affected employee the amount of his or her unpaid wages or his or her unpaid
4overtime compensation and an additional amount equal to 100 percent of the amount
5of those unpaid wages or that unpaid overtime compensation as liquidated damages
6within a period specified by the department in the order.
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3. In addition to or in lieu of recovering the liability specified in subd. 1. as
8provided in subd. 2., any employee for and on behalf of that employee and other
9employees similarly situated may commence an action to recover that liability in any
10court of competent jurisdiction. If the court finds that a contractor, subcontractor,
11or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
12determined by the department under sub. (3) or has paid less than 1.5 times the
13hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
14the court shall order the contractor, subcontractor, or agent to pay to any affected
15employee the amount of his or her unpaid wages or his or her unpaid overtime
16compensation and an additional amount equal to 100 percent of the amount of those
17unpaid wages or that unpaid overtime compensation as liquidated damages.
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5. No employee may be a party plaintiff to an action under subd. 3. unless the
19employee consents in writing to become a party and the consent is filed in the court
20in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
21addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
22and costs to be paid by the defendant.
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(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
24or 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
2a violation continues is a separate offense.
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(b) Whoever induces an individual who seeks to be or is employed on any project
4of public works that is subject to this section to give up, waive, or return any part of
5the 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).
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(c) Any individual who is employed on a project of public works that is subject
13to this section 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).
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(d) 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.
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(e) 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.
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(f) Paragraph (am) 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) (a) or (am).
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12(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
13shall distribute to all state agencies a list of all persons that the department has
14found to have failed to pay the prevailing wage rate determined under sub. (3) or has
15found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
16in excess of the prevailing hours of labor at any time in the preceding 3 years. The
17department shall include with any name the address of the person and shall specify
18when the person failed to pay the prevailing wage rate and when the person paid less
19than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
20prevailing hours of labor. A state agency may not award any contract to the person
21unless otherwise recommended by the department or unless 3 years have elapsed
22from the date the department issued its findings or date of final determination by a
23court of competent jurisdiction, whichever is later.
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(b) The department may not include in a notification under par. (a) the name
25of any person on the basis of having subcontracted a contract for a project of public
1works to a person that the department has found to have failed to pay the prevailing
2wage rate determined under sub. (3) or has found to have paid less than 1.5 times
3the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
4labor.
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(c) This subsection does not apply to any contractor, subcontractor, or agent
6who in good faith commits a minor violation of this section, as determined on a
7case-by-case basis through administrative hearings with all rights to due process
8afforded to all parties or who has not exhausted or waived all appeals.
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(d) Any person submitting a bid on a project of public works that is subject to
10this section shall, on the date the person submits the bid, identify any construction
11business in which the person, or a shareholder, officer, or partner of the person if the
12person is a business, owns or has owned at least a 25 percent interest on the date the
13person submits the bid or at any other time within 3 years preceding the date the
14person submits the bid, if the business has been found to have failed to pay the
15prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
16the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
17labor.
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(e) The department shall promulgate rules to administer this subsection.
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19Section
220. 103.50 of the statutes is created to read:
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20103.50 Highway contracts. (1) Definitions. In this section:
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(a) “Area" means the county in which a proposed project that is subject to this
22section is located or, if the department determines that there is insufficient wage
23data in that county, “area" means those counties that are contiguous to that county
24or, if the department determines that there is insufficient wage data in those
25counties, “area" means those counties that are contiguous to those counties or, if the
1department determines that there is insufficient wage data in those counties, “area"
2means the entire state.
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(b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
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(bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).