HF 536

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to employment; modifying prevailing wage
requirements; amending Minnesota Statutes 2004,
sections 177.43, subdivision 2; 177.44, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 177.43,
subdivision 2, is amended to read:

Subd. 2.

Exceptions.

new text begin (a) new text end This section does not apply to
wage rates and hours of employment of laborers or mechanics who
process or manufacture materials or products or to the delivery
of materials or products by or for commercial establishments
which have a fixed place of business from which they regularly
supply processed or manufactured materials or products. This
section applies to laborers or mechanics who deliver mineral
aggregate such as sand, gravel, or stone which is incorporated
into the work under the contract by depositing the material
substantially in place, directly or through spreaders, from the
transporting vehicle.

new text begin (b) If an employee working on a project outside the
seven-county metropolitan area does not perform scheduled work
because of unfavorable weather conditions, the hours of work
that are not performed may be performed on another day within
the same week and may be paid as if they had been performed on
the scheduled day for the purposes of compliance with this
section. No more than four hours of work may be transferred
from any one day to any other single day under this paragraph.
Nothing in this paragraph affects the obligation of an employer
to pay an employee 1-1/2 times the prevailing hourly rate for
hours of work performed in excess of the prevailing hours of
work per week.
new text end

Sec. 2.

Minnesota Statutes 2004, section 177.44,
subdivision 1, is amended to read:

Subdivision 1.

Hours, wages permitted.

new text begin (a) Except as
provided in paragraph (b), new text end a laborer or mechanic employed by a
contractor, subcontractor, agent, or other person doing or
contracting to do all or part of the work under a contract based
on bids as provided in Minnesota Statutes 1971, section 161.32,
to which the state is a party, for the construction or
maintenance of a highway, may not be permitted or required to
work longer than the prevailing hours of labor unless the
laborer or mechanic is paid for all hours in excess of the
prevailing hours at a rate of at least 1-1/2 times the hourly
basic rate of pay of the laborer or mechanic. The laborer or
mechanic must be paid at least the prevailing wage rate in the
same or most similar trade or occupation in the area.

new text begin (b) If an employee working on a project covered by this
section and located outside the seven-county metropolitan area
does not perform scheduled work because of unfavorable weather
conditions, the hours of work that are not performed may be
performed on another day within the same week and may be paid as
if they had been performed on the scheduled day for the purposes
of compliance with this section. No more than four hours of
work may be transferred from any one day to any other single day
under this paragraph. Nothing in this paragraph affects the
obligation of an employer to pay an employee 1-1/2 times the
prevailing hourly rate for hours of work performed in excess of
the prevailing hours of work per week.
new text end