HF 3831

as introduced - 86th Legislature (2009 - 2010) Posted on 05/06/2010 08:36am

A bill for an act
relating to employment; modifying prevailing hours of labor requirements;
amending Minnesota Statutes 2008, section 177.42, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 177.42, subdivision 4, is amended to read:

Subd. 4.

Prevailing hours of labor.

new text begin (a) new text end "Prevailing hours of labor" means the hours
of labor per day and per week worked within the area by a larger number of workers of the
same class than are employed within the area for any other number of hours per day and
per week. The prevailing hours of labor may not be more than eight hours per day or more
than 40 hours per week new text begin , except as provided in paragraph (b) new text end .

new text begin (b) When all of the following conditions exist, the prevailing hours of labor may not
be more than ten hours per day or more than 40 hours per week:
new text end

new text begin (1) the project must be highway and heavy construction, as defined by Minnesota
Rules, part 5200.1010;
new text end

new text begin (2) the project area must not be within the seven-county metropolitan area as defined
under section 473.121; and
new text end

new text begin (3) the commissioner of labor and industry must verify during certifying the
prevailing hours of labor for a class of workers that all collective bargaining agreements
in effect that apply to the particular class of workers include adoption of this paragraph,
either by reference or in substance.
new text end

Sec. 2. new text begin DEPARTMENT OF LABOR AND INDUSTRY TO AMEND CERTAIN
PREVAILING HOURS OF LABOR.
new text end

new text begin Subdivision 1. new text end

new text begin Department to verify hours of labor. new text end

new text begin The Department of Labor and
Industry must investigate and verify whether collective bargaining agreements that apply
to highway and heavy construction labor classes provide for hours of labor described
in Minnesota Statutes, section 177.42, subdivision 4, paragraph (b). The investigation
and verification is not a survey under Minnesota Rules, part 5200.1050, and the notice
provisions of that part do not apply.
new text end

new text begin Subd. 2. new text end

new text begin Department must amend prevailing hours of labor under certain
conditions. new text end

new text begin After conducting the verification required by subdivision 1, and to the extent
the department determines that the conditions of Minnesota Statutes, section 177.42,
subdivision 4, paragraph (b), exist, the department must amend the prevailing hours of
labor accordingly.
new text end

new text begin Subd. 3. new text end

new text begin Public hearing not required. new text end

new text begin The department may amend the prevailing
hours of labor without the need for a public hearing under Minnesota Statutes, section
177.44, or Minnesota Rules, part 5200.1020.
new text end

new text begin Subd. 4. new text end

new text begin Notice and effective date of amended prevailing hours of labor. new text end

new text begin The
department must publish notice of the amended prevailing hours of labor in the same
manner as notice is required for wage determinations under Minnesota Rules, part
5200.1080. The effective date of the amended prevailing hours of labor coincides with
the date published in the State Register.
new text end

new text begin Subd. 5. new text end

new text begin No effect on current projects or contracts. new text end

new text begin The amended prevailing hours
of labor required by this section only apply to projects or contracts that are advertised after
the effective date of the amended prevailing hours of labor, and they have no effect on
projects or contracts that are underway, open for bids, or advertised before that date.
new text end

new text begin Subd. 6. new text end

new text begin Department must act within 60 days. new text end

new text begin The department must comply
with all requirements of this section within 60 calendar days after the effective date of
this section.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end