Missouri’s Prevailing Wage Law mandates a minimum wage rate for workers engaged in public works projects valued at over $75,000. This law applies to a variety of construction projects, including but not limited to bridges, roads, and government buildings.
The law is designed to ensure that workers are compensated fairly according to local labor market conditions and is enforced by the Missouri Department of Labor and Industrial Relations (DOLIR).
In Missouri, prevailing wage rates are established through a systematic process overseen by the Division of Labor Standards (DLS) within the Department of Labor and Industrial Relations (DOLIR).
Contractor Wage Surveys: The DLS collects data from contractors through voluntary wage surveys. These surveys report the actual wages paid for various occupational titles on public works projects. Contractors must submit information about hours worked and wages paid for different labor classifications.
Historical Data Review: If no recent wage data is available for a specific occupational title, the DLS reviews data from the previous six years to establish a prevailing wage based on historical trends.
Occupational Titles: The prevailing wage is calculated for specific occupational titles based on the number of hours worked at each wage rate reported. The most frequently reported wage becomes the prevailing wage for that title in each county.
Fringe Benefits: The prevailing wage rate includes not just the base hourly wage but also fringe benefits, which encompass contributions to health insurance, retirement plans, and other benefits. This ensures that workers receive comprehensive compensation that reflects their total remuneration.
The DLS publishes an Annual Wage Order each year by July 1, which lists the prevailing wage rates for public construction projects across all counties. This order serves as a guideline for contractors and public bodies to ensure compliance with prevailing wage laws.
Missouri’s prevailing wage laws impose strict penalties on contractors and public bodies that fail to comply with wage requirements.
Monetary Penalties
Daily Fines: Contractors found to be in violation of the prevailing wage law face fines of $100 per day per worker for each instance of underpayment. This penalty increases for subsequent offenses, reaching $150 per day for a second offense and $200 per day for third and subsequent offenses.
Legal Consequences
Criminal Charges: Willful violations can lead to criminal charges against contractors, which may result in fines of up to $500 or imprisonment for up to six months, or both. Each day of continued violation constitutes a separate offense, potentially leading to multiple charges.
Debarment
Contractors convicted of violating the prevailing wage laws may be placed on a debarment list, which prohibits them from contracting with any public body for public works projects. Depending on the severity and frequency of violations, the duration of debarment can be up to three years.
Remedies for Workers
Workers who are underpaid can sue their employers. If successful, they may recover double the amount owed, plus attorney’s fees and interest on the unpaid wages.
Enforcement Actions
The Missouri Department of Labor and Industrial Relations (DOLIR) is authorized to investigate complaints of violations. Upon finding a violation, DOLIR notifies the employer, who has 45 days to dispute the findings before penalties are enforced.
Non-compliance with Missouri’s prevailing wage laws can result in significant financial penalties, legal repercussions, and restrictions on future contracting opportunities. Contractors must adhere strictly to these regulations to avoid such consequences and ensure fair compensation for workers on public projects.
The Missouri Department of Labor and Industrial Relations (DOLIR) offers various resources to assist employers in understanding and complying with prevailing wage laws. These resources are designed to ensure that contractors adhere to legal requirements and maintain fair labor practices. Here are the key resources available:
Annual Wage Order
DOLIR publishes an Annual Wage Order that lists the prevailing wage rates for different occupational classifications across various counties in Missouri. This document is crucial for contractors to determine the correct wage rates applicable to their projects.
Guidelines and Regulations
Detailed guidelines outlining the prevailing wage laws, including how wages are calculated and reported, are available on the DOLIR website. This information helps employers understand their obligations and the processes involved in compliance.
Wage Surveys
DOLIR provides instructions on how to conduct and submit Contractor’s Wage Surveys. These surveys allow employers to report wages paid, which contribute to determining prevailing wage rates for future projects.
Certified Payroll Reporting
Employers can access resources related to Certified Payroll Reporting, which is mandatory for contractors on public works projects. This includes templates and instructions on how to properly complete and submit payroll records.
Complaint Filing Procedures
DOLIR offers a process for filing complaints regarding potential violations of prevailing wage laws. Employers can learn how to report underpayment or other compliance issues, ensuring that workers’ rights are protected.
Training and Workshops
The department occasionally conducts training sessions and workshops to educate employers about prevailing wage laws, compliance requirements, and best practices for record-keeping.
Online Resources
DOLIR maintains a comprehensive website that includes FAQs, contact information for assistance, and downloadable forms related to prevailing wage compliance, making it easier for employers to find necessary information quickly.
These resources provided by DOLIR play a crucial role in helping employers navigate the complexities of Missouri’s prevailing wage laws, ensuring compliance while promoting fair labor standards in public works projects. Regular consultation of these resources is recommended for ongoing compliance and understanding of any updates or changes in legislation.
Employers can access the Annual Wage Order directory on the Missouri Department of Labor and Industrial Relations (DOLIR) website by following these steps:
- Go to the official DOLIR website, specifically the section dedicated to prevailing wage information.
- Look for the Prevailing Wage tab or section on the homepage. This area contains resources related to prevailing wage laws, including wage rates and guidelines.
- Within the prevailing wage section, locate the link or reference to the Annual Wage Order. This document lists the prevailing wage rates for various occupational classifications across different counties in Missouri.
- The Annual Wage Order is typically available as a downloadable PDF or an online document that can be viewed directly on the website. Employers can download this document for their records or reference.
- If assistance is needed, employers can reach out to DOLIR directly for any questions regarding accessing the Annual Wage Order or other compliance-related inquiries.
By following these steps, employers can easily access and utilize the Annual Wage Order directory to ensure compliance with Missouri’s prevailing wage laws. This helps them maintain fair labor practices on public works projects. Regular consultation of this resource is recommended to stay updated on any changes in wage rates or regulations.