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HF 1476

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:10am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to labor and employment; modifying prevailing wage provisions;
amending Minnesota Statutes 2010, section 177.42, subdivisions 4, 6.


Section 1.

Minnesota Statutes 2010, section 177.42, subdivision 4, is amended to read:

Subd. 4.

Prevailing hours of labor.

"Prevailing hours of labor" means the hours
of labor deleted text beginper day anddeleted text end per week deleted text beginworked 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
deleted text end. The prevailing hours of labor may not be more than deleted text begineight hours per day
or more than
deleted text end 40 hours per week.

Sec. 2.

Minnesota Statutes 2010, section 177.42, subdivision 6, is amended to read:

Subd. 6.

Prevailing wage rate.

"Prevailing wage rate" means the deleted text beginhourly basic
rate of pay plus the contribution paid to or for the largest number of
deleted text endnew text begin mean hourly
compensation paid to
new text end workers engaged in the same class of labor within the areanew text begin. The
mean hourly compensation includes the hourly basic rate plus the contribution
new text end for medical
or hospital care, pensions on retirement or death, compensation for injuries or illness
resulting from occupational activity, or insurance to provide any of the foregoing, for
unemployment benefits, life insurance, disability and sickness insurance, or accident
insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other
similar programs, or for other bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other federal, state, or local law to provide any of those
benefits, the amount of:

(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and

(2) the rate of costs to the contractor or subcontractor that may be reasonably
anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics affected.

"Prevailing wage rate" includes, for the purposes of section 177.44, rental rates for
truck hire paid to those who own and operate the truck.

The prevailing wage rate may not be less than a reasonable and living wage.