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A basket contains 5 apples. Do you know how to divide them among 5 people so that each person gets 1 apple and 1 apple stays in the basket?.
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A basket contains 5 apples. Do you know how to divide them among 5 people so that each person gets 1 apple and 1 apple stays in the basket?
4 people get an apple (one for each of them) and the fifth person gets the basket with an apple in it.
Presented by:Clancy Finnegan and Charles Groshens
Other State and Federal Agencies
To educate contractors about the federal and state PW regulations, and
Classification Wages Reporting
True or False? Prevailing wage regulations only apply to construction contracts that are funded in whole or part with state and/or federal funds.
To ensure that the labor specifications incorporated into a contract funded in whole or part with federal and/or state funds are followed. The specifications include but are not limited to:
Special Provisions Division A
Investigate allegations regarding violations of the contract provisions which may entail
Classifications Wages Reporting
classified based on the
actual work performed
regardless of the worker’s skill level.
To determine an applicable state classification of labor, the contractor must classify a worker based on a “same or similar trade or occupation”. In order to do this, the contractor shall refer to the
If the program and the apprentice are bona fide, an apprentice is not subject to the federal and/or state prevailing wage laws, provided the contractor can demonstrate the following
If a contractor fails to comply with the terms of the apprenticeship requirements, the contractor shall compensate its worker not less than the applicable total prevailing wage rate for the actual work performed.
True or False? Only union contractors can create an apprenticeship program.
A contractor assigns a worker a “Common Laborer” classification; the wage decision incorporated into a contract requires the following
Pages 18 - 20
Pages 21 - 22
Refer To EXHIBIT C
Carpenter & Laborers amount is based on total cost of project
If multiple wage decisions of different types are incorporated into a contract, the contractor shall
If multiple wage decisions of the same type of work are incorporated into a contract, the contractor shall
True or False? The CA may incorporate the state and/or federal wage determinations by reference.
Pursuant with federal overtime (OT) regulations, a contractor shall not
What if an employee performs work in multiple classifications during a work week
What about the overtime requirements contained in a collectively bargaining agreement (CBA)
True or False? A contractor that contributes more than the certified fringe rate for an employee can pay less than the certified basic hourly rate to the employee.
Why can’t a person living in the USA be buried in Canada?
“Cost of Doing Business”
True or False? An employee that is required to travel out of town, overnight for work is responsible to pay for his/her lodging expenses?
A certified payroll report (CPR) is comprised of two components, a payroll report and a statement of compliance (SOC) report.
Refer To Forms
Left Side Of Folder
Refer To Forms Left
Side Of Folder
A payroll report provides a contractor the opportunity to demonstrate how each worker is classified and paid; at a minimum the report should include the following
A statement of compliance (SOC) report provides the opportunity to describe fringe benefit contributionsand to attestto the accuracy of all data provided. At a minimum, the SOC report should include the following
The contractor must attach a SOC report to its payroll report and submit based on the following
The following deductions are generally allowable without prior approval from the USDOL
If deductions other than “legal deductions” are to be subtracted from an employee’s wages, the contractor must obtain prior written approvalfrom the employee and
The contractor shall promptly furnish copies of CPRs along with other records deemed necessary when requested from any of the following agencies
The LCU recognizes that a thorough examination of all CPRs is time consuming. Therefore, the LCU recommends that the prime contractor
overuse of 102 skilled laborers and apprentices (ratios),
specialty craft work performed by laborers,
hours reported for non-working days (five 8 hour days vs. four 10 hour days),
overtime based on the classification of labor with the lowest wage rate,
crew worked 8 hour days but reported as 4 hour days,
4 hours * PW ($20) = $80 vs.8 hours * ($10) = $80
hours worked are determined by dividing gross earnings by the PW rate
SOC – the person who attest to the data should be the person signing the document,
Fringe benefits improperly calculated, inflatedor the same for every employee,
Improper or undefined deductions.
Tools or equipment
A contractor that intentionally misrepresents the work performed may be subject to administrative, civil or criminal action.
True or False? On a state funded only project, the contractor should be submitting CPR’s weekly.
Brain Teaser #4
manufacturing and hauling
of materials or products to
a state or federally
subject to PW.
Self explanatory. An individual that is directly employed by the material operation or an individual that is independently employed or employed by a different entitythat is hired by the material operation.
“commercial establishment” (prior to advertisement)
own or lease,
business records – sales to general public,
facilities to effect sales,
a commercial establishment must serve the government project form a location from which it served the public prior to and at the time of advertisement of the public works contract and that has sufficient utilities and equipment to serve the public upon demand.
includes supply by a commercial establishment that is closed on a seasonal basis.
“depositing the material substantially in place”
Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited.
the processing or manufacturing of materials or products by or for a commercial establishment.
The delivery of materials or products by the employees of a commercial establishment, including the ITOs and MTOs hired and paid bythe commercial establishment, unless the material or product is deposited substantially in place.
processing or manufacturing of material including hauling of material to and from an operation that is NOT immediately adjacent, or dedicatedto the project.
loading or unloading materials and supplies on the site of work, if such time is de minimis.
Federal and state laws differ when it comes to the application of PWfor workers involved in the processing, manufacturing and delivery of materials.
True or False? This truck is depositing material substantially in place.
True or False? An individual that is hauling aggregate material from one state funded construction project to another is not subject to PW.
State Flow Chart
Federal Flow Chart
Once it’s determined that the delivery of material is subject to the state prevailing wage law, truck rental rates apply (MnDOT Only). Truck rental rates are as follows:
The contractor needs to be aware that the truck rental rates incorporated into a contract may or may not reflect the hourly prevailing wage that is required to be paid to a worker.
The purpose of a month-end trucking report (METR) is to document the following:
METR replaces CPR requirementsfor ITOs; however, trucking companies with employees must submit certified payrolls.
Broker feesare a component of the operational costs of a truck; who can and cannot assess the fee
True or False? All entities hiring MTO’s or ITO’s need to fill out a METR.
The prime contractorshall schedule a preconstruction meetingwith its subcontractors, trucking entities and possibly material suppliers to discuss the contract specifications.
Was a Request to Sublet form executedand submitted for each contractor that performed work under the contract; the requirements are as follows
True or False? A prime contractor is liable for any prevailing wage issues associated with a subcontractor.
Was a poster board constructedand placed on the site of work? The prime contractor shall
Was a payroll tracking systemutilized to track the submission of CPRs and METRs from all contractors that documents the
Did the prime contractor notify its subcontractors that various governmental agencies may interview its workers
Did the prime contractor interviewthe workers of its subcontractors to determine if they are
True or False? A poster board can be placed inside a contractor’s construction trailer.
Did the prime contractor keep a daily account, record or pictures of the work performed, including observations; the data collected should be specific to each contractor and at a minimum include the following:
101 - $29.64
304 - $37.77
704 - $38.39
712 - $54.47
Based on the data obtained from employee interviewsand daily construction reports, the prime contractor shall consider using this information during its review of
True or False? The prime contractor’s daily inspection reports don’t need to include data about subcontractor’s workers duties and hours worked because the subcontractor’s time keeping records should have that information.
Employees will file a complaint, which will affect payments to the prime contractor and the finalization of a the contract.
Furthermore, a contractor that intentionally misrepresentsthe work performed may be subject to administrative, civil or criminal “case by case” proceedings, which may result in the
True or False? Contractors believe that administering the contract prevailing wage specifications is difficult.
Brain Teaser FINAL
Charles Groshens, LCU Supervisor 651-366-4209
Clancy Finnegan, Team Leader 651-366-4204
Jim Mulhern, Investigator Senior 651-366-4229
Amy O’Day, Investigator Senior 651-366-4238
Sean Skibbie, Investigator Senior 651-366-4208
Roxanne Wilder, Investigator Senior651-366-4203
VACANT, Field Investigator 651-366-4206
Intake and Outreach
Carol Segl, Intake & Ed. Coordinator 651-366-4230
Johnnie Burns, Labor Standards 651-284-5387
United States Department of Labor
Corey Walton, Community Outreach612-344-0265
United States Department of Labor
Mark Underwood, EBSA 816-285-1888
Rueben Cerda, EBSA
Federal Bureau of Investigation
David Kukura, Special Agent 763-569-8000