HF 1248

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; modifying prevailing wage 
  1.3             requirements; amending Minnesota Statutes 2002, 
  1.4             sections 177.43, subdivision 2; 177.44, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 177.43, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [EXCEPTIONS.] (a) This section does not apply to 
  1.9   wage rates and hours of employment of laborers or mechanics who 
  1.10  process or manufacture materials or products or to the delivery 
  1.11  of materials or products by or for commercial establishments 
  1.12  which have a fixed place of business from which they regularly 
  1.13  supply processed or manufactured materials or products.  This 
  1.14  section applies to laborers or mechanics who deliver mineral 
  1.15  aggregate such as sand, gravel, or stone which is incorporated 
  1.16  into the work under the contract by depositing the material 
  1.17  substantially in place, directly or through spreaders, from the 
  1.18  transporting vehicle.  
  1.19     (b) If an employee working on a project outside the 
  1.20  seven-county metropolitan area does not perform scheduled work 
  1.21  because of unfavorable weather conditions, the hours of work 
  1.22  that are not performed may be performed on another day within 
  1.23  the same week and may be paid as if they had been performed on 
  1.24  the scheduled day for the purposes of compliance with this 
  1.25  section.  No more than four hours of work may be transferred 
  2.1   from any one day to any other single day under this paragraph.  
  2.2   Nothing in this paragraph affects the obligation of an employer 
  2.3   to pay an employee 1-1/2 times the prevailing hourly rate for 
  2.4   hours of work performed in excess of the prevailing hours of 
  2.5   work per week.  
  2.6      Sec. 2.  Minnesota Statutes 2002, section 177.44, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  [HOURS, WAGES PERMITTED.] (a) Except as 
  2.9   provided in paragraph (b), a laborer or mechanic employed by a 
  2.10  contractor, subcontractor, agent, or other person doing or 
  2.11  contracting to do all or part of the work under a contract based 
  2.12  on bids as provided in Minnesota Statutes 1971, section 161.32, 
  2.13  to which the state is a party, for the construction or 
  2.14  maintenance of a highway, may not be permitted or required to 
  2.15  work longer than the prevailing hours of labor unless the 
  2.16  laborer or mechanic is paid for all hours in excess of the 
  2.17  prevailing hours at a rate of at least 1-1/2 times the hourly 
  2.18  basic rate of pay of the laborer or mechanic.  The laborer or 
  2.19  mechanic must be paid at least the prevailing wage rate in the 
  2.20  same or most similar trade or occupation in the area. 
  2.21     (b) If an employee working on a project covered by this 
  2.22  section and located outside the seven-county metropolitan area 
  2.23  does not perform scheduled work because of unfavorable weather 
  2.24  conditions, the hours of work that are not performed may be 
  2.25  performed on another day within the same week and may be paid as 
  2.26  if they had been performed on the scheduled day for the purposes 
  2.27  of compliance with this section.  No more than four hours of 
  2.28  work may be transferred from any one day to any other single day 
  2.29  under this paragraph.  Nothing in this paragraph affects the 
  2.30  obligation of an employer to pay an employee 1-1/2 times the 
  2.31  prevailing hourly rate for hours of work performed in excess of 
  2.32  the prevailing hours of work per week.