HF 2139

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

A bill for an act
relating to employment; requiring the commissioner of
labor and industry to employ investigators of
prevailing wage violations; clarifying the procedures
for investigations of prevailing wage violations;
requiring notice of prevailing wage violations and
action upon prevailing wage violations; amending
Minnesota Statutes 2004, section 177.43, subdivision
6, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 177.43,
subdivision 6, is amended to read:

Subd. 6.

Examination of records

The Department of Labor
and Industry shall enforce this section. new text begin The department shall
employ at least two investigators to perform on-site project
reviews and to receive and investigate complaints of violations
of this section. The department has the right to stop and
interview employees working on a public works project subject to
this section during work hours. Each complaint received by the
department shall be assigned to an investigator and investigated
in a timely manner. new text end The department may demand, and the
contractor and subcontractor shall furnish to the department,
copies of any or all payrolls. new text begin The department may also demand,
and the contracting agency shall furnish to the department,
information about the project. new text end The department may examine all
records relating to wages paid laborers or mechanics on work to
which sections 177.41 to 177.44 apply. new text begin After gathering the
information necessary to evaluate a complaint of a violation of
this section, the investigator shall determine whether a
violation has occurred. If the investigator determines that no
violation has occurred, the investigation shall be terminated.
However, if the investigator determines that a violation has
occurred, the investigator shall determine the amount owed and
assess the contractor accordingly. The department shall notify
the contracting agency or agencies of the assessment and the
contracting agency or agencies shall require adherence to the
department assessment. The investigator shall report to the
commissioner any contractor who does not pay the amount assessed
within 60 days of the assessment. The commissioner shall deem
any unpaid department assessment as an unresolved violation of
this section and handle as required under subdivision 6a.
new text end

Sec. 2.

Minnesota Statutes 2004, section 177.43, is
amended by adding a subdivision to read:

new text begin Subd. 6a. new text end

new text begin Prevailing wage rate violations. new text end

new text begin (a) All state
contracting agencies shall require adherence to this section on
their projects and their political subdivision projects. State
contracting agencies or their political subdivisions shall not
finalize a contract with any unresolved violations of this
section. They shall report any unresolved violations of this
section to the commissioner of labor and industry.
new text end

new text begin The commissioner of labor and industry shall investigate
the reported violations and the contracting agencies shall
require adherence on their projects with the commissioner's
investigative findings and report back to the commissioner when
there is compliance with the findings. The commissioner of
labor and industry is required to report any unresolved
violations within 60 days of notification to the contracting
agency or any willful violations of this section to both the
county attorney for the county where the alleged violation
occurred and to the state attorney general.
new text end

new text begin (b) A county attorney shall notify the commissioner of
labor and industry and the state attorney general upon
commencing an action for a violation of this section. The
county attorney shall also give notice to the commissioner and
the state attorney general of the outcome of the action,
including detailed reasons for the dismissal or settlement of an
action pursuant to a plea agreement that awards less than the
maximum penalties for a violation of this section. The
commissioner shall notify the contracting agency.
new text end

new text begin (c) If the state attorney general does not receive notice
of the commencement of an action by a county attorney, as
required by paragraph (b), within six months of receiving a
report from the commissioner of labor and industry as provided
by paragraph (a), the state attorney general shall pursue the
suspected violation.
new text end