HB12-1082 - Prevailing Compensation On Public Works Projects

Postponed Indefinitely
Concerning The Payment Of Prevailing Compensation For Workers On Public Works.

The bill requires a contractor awarded a contract for a public works by a state agency in excess of $100,000, and each subcontractor that works thereon, to:

  • Pay workers at least the prevailing wages and fringe benefits, as established pursuant to federal law. The requirement for the payment of prevailing wages and fringe benefits must be included in a contract for a public works.
  • Post the prevailing wages and fringe benefits;
  • Pay workers at least once a week;
  • Furnish payroll records to the director of the division of labor in the department of labor and employment (director); and
  • File a written statement to the state agency certifying the amount of unpaid prevailing wages and fringe benefits.

With respect to any failure to pay prevailing wages and fringe benefits, the bill:

  • Establishes penalties, including termination of the contract, withholding contract payments, and civil penalties;
  • Establishes a private right of action;
  • Requires the director to publish a list of contractors and subcontractors who willfully fail to make such payments and to debar a contractor or subcontractor for multiple violations within a 3-year period; and
  • Prohibits a contractor or subcontractor from discriminating against a worker for asserting rights or for participating in an action by the director.

The director is authorized to investigate whether workers on a public works are being paid prevailing wages and fringe benefits. Appropriations for these investigations shall be made from moneys in the newly created prevailing wage enforcement fund, which shall include revenue from certain penalties paid by contractors or subcontractors.

The bill specifies that the prevailing wage and fringe benefits requirement will not interfere with workers' right to bargain collectively.

House Committees

Latest update: January 25, 2012
01/25/2012 House Committee on Local Government Postpone Indefinitely
01/17/2012 Introduced In House - Assigned to Local Government