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Minnesota Legislature

Office of the Revisor of Statutes

5200.1060 DETERMINING LARGEST NUMBER OF WORKERS AND PREVAILING WAGE RATE.

Subpart 1.

Policy.

Each wage rate determination shall be based upon the actual wage rates paid to the largest number of workers within each labor classification reported in the survey.

Subp. 2.

Procedure.

For purposes of determining the largest number of workers, each worker within a class of labor and the worker's total hourly rate paid shall be tabulated.

A.

Total hourly rate includes the hourly rate plus the hourly contribution for all wage and fringe benefits.

B.

The largest number of workers with identical rates of pay within each classification shall determine the specific prevailing wage rate.

C.

When determining the prevailing wage rate and there is an equal number of workers (which represent the greatest number of workers) with differing hourly wage rates, the prevailing wage rate shall be the highest wage rate paid to those workers.

Example: four workers at $7 per hour; four workers at $8 per hour; two workers at $8.50 per hour. The prevailing wage rate will be determined as $8 per hour.

D.

Where a worker performs work in more than one class of labor, the worker shall be counted only once per project and placed in the class which the person worked the greatest number of hours.

Subp. 3.

Collectively bargained rate.

If the prevailing wage rate determined for any given class of labor represents a collectively bargained rate, then the comparable current collectively bargained rate for the class of labor in the area shall be the prevailing wage rate.

Subp. 4.

Noncollectively bargained rate.

If the prevailing wage rate determined represents a rate other than a collectively bargained rate for any given class of labor, the rate so determined shall be the prevailing wage rate.

Subp. 5.

Change in rate due to contractual changes.

If the prevailing wage rate for any given class of labor represents a collectively bargained rate, and the collectively bargained rate for that class of labor will change during the 12 months immediately following the date upon which the wage rate is determined according to the terms of the collective bargaining contract by which the rate is established, the department shall certify that the rate for that class of labor shall also change accordingly on the effective date of the change pursuant to the collective bargaining contract.

Statutory Authority:

MS s 175.171; 177.41 to 177.44

History:

8 SR 2274; 17 SR 1279; 21 SR 1107

Published Electronically:

June 11, 2008