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Labor and Employment

Prevailing Wage
2001-2002 Enactments and Vetoes

State

Summary

Last Action

California

A.B. 2438

Provides that the Department of Transportation shall receive prevailing wages not based on a survey to be conducted by the Department of Personnel Administration and calculated in a specified manner but that the increase shall be contingent upon the appropriation of funds in the annual Budget Act. Requires the increase over a 3-year period

Vetoed

A.B. 2853

Requires that State employees in specified engineering and related classifications shall receive salaries no less than the salaries received by their counterparts in larger local agencies and the University of California based on a specified survey. Requires implementation of the increases to be phased in over a 3-year period

Vetoed

S.B. 278

Requires any public works contract financed by bonds under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, to adopt and enforce a labor compliance program relating to the general prevailing rate wages for application to that project

Enacted

A.B. 1506

Requires an awarding body that chooses to use funds from the Kindergarten-University Public Education Facilities Bond Act of 2002 for a public works project to initiate and enforce, or contract with a 3rd party to initiate and enforce a labor compliance program for that public works project

Enacted

Delaware

SB 174

clarifies the penalties for failure to pay prevailing wages

Enacted

Hawaii

SB 2383

Expands the definition of qualified hotel facility to include property on which commercial or recreational use is permitted and offsite improvements necessary to service destination resort areas; defines qualified project construction tax credits; requires any qualifying contracting entity to pay its employees the prevailing wage; defines hotel/hotel condo to include a time share facility or project

Vetoed

Maryland

S.B. 281

Specifies that the contractor and subcontractor are both liable for making restitution to employees who have been underpaid under specified public work contracts

Enacted

Montana

H.B. 500

Revises certain provisions of the Little Davis-Bacon Act; changes the prevailing wage from one based on a weighted average to one based on actual wages paid in calculating the prevailing wage rate; authorizes the Department of Labor and Industry to issue a cease and desist order for failure to post prevailing wage and fringe benefit rates or pay the proper wage and fringe benefits; requires an annual survey to employers

Enacted

New Jersey

S.B. 575

Requires payment of prevailing wages in construction related to Commerce and Economic Growth Commission and Economic Development Authority assistance

Enacted

S.B. 576

Authorizes an increase in administrative penalties for prevailing wage violations which are assessed and collected by the Commissioner of Labor

Enacted

New York

SB 4011

Prohibits municipalities from administratively reclassifying laborers, workmen or mechanics who are subject to prevailing rate and supplements of Labor Law article on public work without the consent of the collective bargaining unit representing affected workers

Vetoed

S.B. 7354

Authorizes the design, building and operation of a wastewater treatment plant in the County of Rockland by a private company for the County of Rockland; requires all such agreements between the County of Rockland and a private entity to require the payment of all applicable prevailing wages

Enacted

Rhode Island

S.B. 473

Requires public agencies and quasi-public agencies to require payment of prevailing wages when awarding contracts

Enacted

Tennessee

S.B. 1492

Relates to prevailing wage for building construction

Enacted

Washington

H.B. 1138

Provides that civil penalties collected for prevailing wage violations shall be deposited in the Public Works Administration Account by the Department of Labor and Industries

Enacted

West Virginia

S.B. 244

Relates to the Tax Increment Financing Act; imposes public bid and prevailing wage requirements

Enacted

Source: NCSL

For additional information, please contact: Justin Marks
NCSL, Employment and Insurance
303-364-7700

 

 

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