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HomeMy Public PortalAboutAWO 20 096 ST LOUIS CITY REVISED 12 20 13Prevailing Wage Alert Page of 1 PREVAILING WAGE NOTICE OF EXCESSIVE UNEMPLOYMENT *** NOW IN EFFECT *** Only Missouri laborers and laborers from nonrestrictive states are allowed by law to be employed on Missouri's public works projects when the unemployment rate exceeds 5% for two consecutive months. (See Sections 290.550 through 290.580 RSMo.) The unemployment rate has exceeded 5% for the past two months. Therefore, this statute Is In effect and will remain In effect as long as this notice is posted. For questions call (573) 751-3403. View the Frequently Asked Questions at http://www.dolir.mo.gov/lls/faq/faq_publlcWorksEmplaymentasp or view the statute 290.550 - 290.580 RSMo, at http://www.moga.state.mo.us/statutes/C29o.HTM. Nonrestrictive states are as follows: Alabama, Arkansas, Georgia, Hawaii, Indiana, Kansas, Kentucky, Louisiana Maryland, Michigan, Minnesota, Nebraska, New Hampshire, New 3ersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin. Close , http //www.doler.mo.gov/ls/LS Alcrt/errorpage.asp 10/3112007 Missouri Division of Labor Standards WAGE AND HOUR SECTION JEREMIAH W. (JAY) NIXON, Governor Annual Wage Order No. 20 Section 096 ST. LOUIS CITY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Robert A. Bedell, Acting Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 8.2013 Last Date Objections May Be Filed: April 8, 2013 Prepared by Missouri Department of Labor and Industrial Relations iipckczkx.Ci 1.2/.2c /F, Building Construction Rates for ST. LOUIS CITY REPLACEMENT PAGE Section 096 OCCUPATIONAL TITLE ** Date of Increase * Basic Hourly Rates Over - Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker (H & F) Insulator 10113 $37.66 55 60 $20.11 Boilermaker $31.20 126 7 $27.01 Bricklayer and Stone Mason 6/13 $31.24 72 5 $19.93 Carpenter $34.63 77 41 $14.00 Cement Mason 6113 $30.20 80 6 $15.36 Electrician (Inside Wireman) 7/13 $32.25 82 71 $10.28 + 39.5% Electrician (Outside -Line ConstructionlLineman) 12/13 $39.69 43 45 $5.00 + 37.5% Lineman Operator 12/13 $34.26 43 45 $5.00 + 37.5% Groundman 12/13 $26.49 43 45 $5.00 + 37.5% Communication Technician $28.05 44 47 $8.93 + 29.75% Elevator Constructor 6/13 a $43.715 26 54 $26.755 Operating Engineer Group I 6/13 $30.51 3 66 $23.35 Group II 6/13 $30.51 3 66 $23.35 Group III 6/13 $28.61 3 66 $23.35 Group III -A 6/13 $30.51 3 66 $23.35 Group IV 6/13 $25.15 3 66 $23.35 Group V 6/13 $25.15 3 66 $23.35 Pipe Fitter 7/13 $34.75 91 69 $26.28 Glazier $32.78 87 31 $21.13 + 13.2% Laborer (Building): General $29.52 97 26 $13.22 First Semi -Skilled $30.11 114 27 $13.22 Second Semi -Skilled $29.52 109 3 $13.22 Lather USE CARPENTER RATE Linoleum Layer and Cutter $29.33 92 26 $13.70 Marble Mason 11/13 $31.49 76 51 $12.39 Millwright USE CARPENTER RATE Ironworker 8/13 $32.38 11 8 $21.975 Painter 11/13 $29.75 104 12 $13.51 Plasterer 7/13 $30.21 67 3 $16.38 Plumber 7/13 $34.75 91 69 $26.28 Pile Driver USE CARPENTER RATE Roofer 1 Waterproofer $29.50 15 73 $15.67 Sheet Metal Worker 12/13 $37.50 32 25 $21.35 Sprinkler Fitter - Fire Protection 10/13 $40.03 66 18 $20.80 Terrazzo Worker 11/13 $31.49 116 5 $12.39 Tile Setter 11/13 $31.49 76 51 $12.39 Truck Driver -Teamster Group I $27.05 35 36 $9.045 Group II $27.25 35 36 $9.045 Group III $27.35 35 36 $9.045 Group IV $27.35 35 36 $9.045 Traffic Control Service Driver $27.35 83 17 $9.045 Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751-3403. **Annual Incremental Increase "SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.20 12/13 Building Construction Rates for ST. LOUIS CITY Footnotes Section 096 OCCUPATIONAL TITLE ** Date of Increase Basic Hourly Rates Over - Time Schedule Holiday Schedule Total Fringe Benefits * Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). .1 Vacation: Employees over 5 years - 8%, under 5 years - 6% ANNUAL. WAGE ORDER NO.20 3/13 CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 1/2) shall be paid for all work in excess of forty (40) hours per work week. NO. 3: Means the regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period, with pay at the straight time rate. The regular workday shall begin between the hours of 6:00 a.m. and 9:00 a.m. The Employer may have the option to schedule the work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather, holiday or other conditions beyond the control of the Employer, they shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hours for the workweek. All overtime work performed on Monday through Saturday shall be paid at time and one-half (1%) the hourly rate plus an amount equal to one-half (1/2) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Shifts may be established when considered necessary by the Employer. Shift hours and rates will be as follows. If shifts are established, work on the First Shift will begin between 6:00 a.m. and 9:00 a.m. and consist of eight (8) hours of work plus one-half hour unpaid lunch. Hours worked during the first shift will be paid at the straight time rate of pay. The second shift shall start eight hours after the start of the first shift and consist of eight (8) hours of work plus one-half hour unpaid lunch. Work on the second shift will begin between 2:00 p.m. and 5:00 p.m. and be paid the straight time rate plus $2.50 per hour. The third shift shall start eight hours after the start of the second shift and consist of eight (8) hours plus one-half hour unpaid lunch. Work on the third shift will begin between 10:00 p.m. and 1:00 a.m. and be paid the straight time rate plus $3.50 per hour. The additional amounts that are to be paid are only applicable when working shifts. Shifts that begin on Saturday morning through those shifts which end on Sunday morning will be paid at time and one-half these rates. Shifts that begin on Sunday morning through those shifts which end on Monday morning will be paid at double time these rates. NO. 11: Means eight (8) hours shall constitute a day's work, with the starting time to be established between 6:00 a.m. and 8:00 a.m. from Monday to Friday. Time and one-half (1"/) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 15: Means the regular working day shall be scheduled to consist of at least eight (8) hours, but no more than ten (10) consecutive hours, exclusive of the lunch period. The regular working day may be scheduled to commence at any time between the hours of 5:00 a.m. and 10:00 a.m. All work performed in excess of forty (40) hours in one work week, or in excess of ten (10) hours in one work day shall be paid at the rate of one and one-half (11/2) times the regular hourly wage scale. Any work performed on a Saturday shall be paid for at the rate of one and one-half (1'/) times the regular hourly wage scale unless such Saturday work falls under the category of Saturday Make -Up Day. Any work performed by Employees anywhere on Sunday or recognized holidays, shall be paid for at the rate of double (2) time the regular wage scale. If, during the course of a work week, an Employee is unable to work for any reason, and, as a result, that Employee has not accumulated forty (40) hours of compensable time at the straight time rate, the Employer, at his option may offer the Employee the opportunity to work on Saturday at straight time; provided, however, if during the period worked by said Employee on Saturday, the Employee's compensable time at the straight time rate exceeds forty (40) hours, all time worked in excess of the forty (40) hours will be paid at the rate of one and one-half (11/2) times the regular hourly wage scale. NO. 28: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid ,at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. AWO20 096 OT.doc ANNUAL WAGE ORDER NO. 20 Page 1 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 32: The regular working day shall consist of seven and one-half (71/2) hours of labor on the job between eight (8) a.m. and four (4) p.m. and the regular working week shall consist of five (5) consecutive seven and one-half (7%) hour day's of labor on the job beginning with Monday and ending with Friday of each week. The normal work week is 37% hours. All full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All work performed during regular work hours on Saturdays shall be paid at time and one-half (1-112). All work performed outside of regular working hours and performed during the regular work week, shall be at double (2) times the regular rate, except that the first two (2) hours following the regular work day shall be paid at one and one-half (1%) times the regular rate. And, a flexible starting time as early as 7:00 a.m. may be implemented when mutually agreed upon by the interested parties. An early starting time of 6:00 a.m. may be used during summer months to avoid excessive afternoon temperatures. This early starting time to be used when mutually agreed upon by the interested parties. SHIFT RATE: Shift work would start after 4:00 p.m. to 6:00 a.m. The first 7/ hours would be at 115% of the basic wage rate. Overtime Monday through Friday would be at 1 1/2 of base shift rate. Saturday first 7'/ hours of work — 1% of base shift rate. Saturday — work after 7% hours — 2 times the basic wage rate. Sunday and Holidays — 2 times the basic wage rate. All work performed on recognized holidays and Sundays shall be paid double (2) time. Appropriate overtime rates to be based on fifteen minute increments. NO. 35: Means a regular work week of forty (40) hours, will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any park thereof by reason of inclement weather, Saturday or any part thereof maybe worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A work day is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time maybe advanced or delayed if mutually agreed to by the interested parties. For all time worked on recognized holidays, or days observed as such, double (2) time shall be paid. NO. 43: Eight (8) hours shall constitute a work day between the hours of 7:00 a.m. and 4:30 p.m. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute the work week. Work performed in the 9th and 10th hour, Monday through Friday, shall be paid at time and one-half (1%) the regular straight time rate of pay. Contractor has the option to pay two (2) hours per day at the time and one-half (1'/) the regular straight time rate of pay between the hours of 6:00 a.m. and 5:30 p.m., Monday through Friday. Work performed outside the regularly scheduled working hours and on Saturdays, Sundays and recognized legal holidays, or days celebrated as such, shall be paid for at the rate of double (2) time. NO. 44: Means forty (40) hours shall constitute a work week, Monday through Friday. Eight (8) hours shall constitute a work day. Hours of work shall be between the hours of 7:00 a.m. and 4:30 p.m. All work performed before 7:00 a.m. and after 4:30 p.m. and all work performed in excess of eight (8) hours in any one work day, over forty (40) hours in any work week and the first eight (8) hours of work on Saturday, shall be paid at the rate of one and one-half (11/2) times the regular rate of pay. All hours worked in excess of eight (8) hours on Saturday, all hours worked on Sunday and on holidays, or days that may be celebrated as such, and as designated by the federal government, shall be paid at two (2) times the regular rate of pay. " All shifts for work performed between the hours of 4:30 p.m. and 1:00 a.m. shall receive eight (8) hours pay at the regular hourly rate of pay plus two dollars ($2.00) per clock hour. All work performed between the hours of 12:30 a.m. and 9:00 a.m. on a third shift shall receive eight (8) hours pay at the regular hourly rate plus four dollars ($4.00) per clock hour. All overtime work required after the completion of a regular shift shall be paid at one and one-half times (11/2 x) the "shift" hourly rate. NO. 55: Means the regular work day shall be eight (8) hours between 6:00 a.m. and 4:30 p.m. The first two (2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one & one-half (1%) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) the straight time rate. AW020 096 OT.doc ANNUAL WAGE ORDER NO. 20 Page 2 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m. and the regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half (7/) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time worked on Saturday shall be paid at the rate of time and one-half (1%) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $25.65 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. NO. 66: Means eight (8) hours shall constitute a day's work beginning at 7:00 a.m. (or 8:00) A.M. and ending at 3:30 (or 4:30) P.M. The work week shall be forty (40) hours beginning Monday at 7:00 a.m. (or 8:00) A.M. and ending Friday at 3:30 (or 4:30) P.M. The Employer at his option may use a flexible starting time between the hours of 6:00 a.m. and 8:00 a.m. All overtime, that is worked outside of the above established working hours of Monday through Friday, shall be paid at double (2) time, including Saturdays, Sundays and Holidays. NO. 67: Means eight (8) hours shall constitute a day's work, with a flexible starting time to begin between 6:00 a.m. to 8:00 a.m., five (5) days a week, Monday through Friday. Any work over eight (8) hours in any one day shall be at the overtime rate, which is time & one-half (1%). Any work on Saturday shall be at time & one-half (1%), unless a Make -Up Day due to inclement weather is in effect. Any work on Sundays or holidays shall be at double (2) time. Four (4) days, ten (10) hours each day to be worked during Monday through Friday, shall be paid at straight time. A Make -Up Day Due To Inclement Weather Only - Employee(s) will be permitted to work an eight (8) hour make-up day on Saturday only, and the employee will receive the regular straight time wage rate. NO. 72: Means that except as is otherwise provided herein, the work week shall be determined to begin at 8:00 a.m. Wednesday and end at 4:30 p.m. on the following Tuesday. Except as herein provided, working hours are from 8:00 a.m. to 11:55 a.m. and 12:30 p.m. to 4:25 p.m. and no more than the regular hours shall be worked during the forenoon or afternoon at the regular rate. In the case of days of inclement weather starting time and quitting time may be adjusted so long as the hours worked on such days do not exceed eight (8) and do not extend beyond 4:30 p.m. In circumstances where the Employee or Employees have regularly been working overtime on a particular day or days, no adjustment in the starting time shall operate to deprive Employees of overtime pay, which they would have otherwise received but for the change in the starting time. The parties understand that the application of the provisions of the preceding sentence will result in Employees receiving overtime pay even where they have not worked more than with (8) hours on a particular day. Regardless of the staring time, the forenoon working hours shall end at 11:55 a.m. and the afternoon working hours shall begin at 12:30 p.m. and end 8 hours and 25 minutes after the staring time fixed by the Employer for forenoon hours. Work performed by an employee on a non -holiday Saturday, except as hereinafter provided, or at night or before or after regular working hours on a non -holiday weekday, shall be considered overtime work, for which Employees working during such time shall be paid at the rate of one and one-half (1'%) times their regular hourly wage rate for each hour or fraction thereof, worked during such time. Work performed on a Sunday or the recognized holidays shall be considered overtime work for which the Employee shall be paid twice the amount of his or her regular hourly wage rate for each hour or fraction thereof worked on any such day. NO. 76: Means the standard workday shall consist of eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. with a thirty (30) minute unpaid lunch hour occurring in the middle of the shift. The standard workweek shall consist of five standard workdays commencing on Monday and ending on Friday. The normal starting and quitting times may be changed by mutual consent of interested parties. All time worked before and after the established eight (8) hour workday, Monday through Friday, and all time worked on Saturday, shall be paid for at the rate of time & one- half (1'/) the hourly base wage rate in effect. All time worked on Sunday and holidays shall be paid at the rate of double (2) the hourly wage in effect. All work done on Saturday will be done at time & one-half (1%), unless Saturday shall be used as a make-up day. If an employee should lose one or more days in a work week and use Saturday as a make-up day the pay shall be at the regular hourly base wage rate and benefits. AW020 096 OT.doc ANNUAL WAGE ORDER NO.20 Page 3 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 77: Means the regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period, with pay at the regular straight time hourly rate. The regular workday shall begin on the job site between the hours of 6:00 a.m. and 8:00 a.m. with the starting time to be determined by the Employer, unless project owner requires different starting time. This adjustable starting time can, at the Employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. The Employer may establish a four (4) ten (10) hour shift exclusive of the thirty (30) minute lunch period at the straight time wage rate. Forty (40) hours per week shall constitute a week's work Monday through Thursday. In the event a job is down due to weather conditions, safety or other conditions beyond the control of the Employer, then Friday may, at the option of the employer, be worked as a make-up day at the straight time wage rate. Straight time is not to exceed ten (10) hours a day or forty (40) hours per week. Time and one-half (1 % ) shall be paid for all overtime hours worked during the week, Monday through Friday and for all work performed on Saturday. Double (2) time shall be paid for all time worked on Sunday and recognized holidays. NO. 80: Means eight (8) hours shall constitute the regular work day and forty (40) hours a work week, Monday through Friday. The Employer shall establish the starting time between 6:30 a.m. through 9:00 a.m. An Employer may further adjust the starting time up to 9:30 a.m. throughout the year. Time and one-half (1Y2) shall be paid after eight (8) consecutive hours worked after the established starting time and for hours worked before the established starting time. Time and one-half (1%) shall be paid for work performed on Saturdays. Work performed on Sundays and Holidays shall be paid at the double (2) time rate of pay. The Employer when working on Highway and Road Work may have the option to schedule the work week for his paving crew only from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (11/2). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling), the Employer shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hours. NO. 82: Means the work day shall consist of eight (8) hours worked between 7:00 a.m. and 4:30 p.m. Forty (40) hours will constitute the work week from Monday through Friday, inclusive. Up to four (4) hours of overtime work per day performed before or after the assigned normal work day, (twelve (12) continuous hours, starting no earlier than 6:00 a.m., Monday through Friday), shall be paid at a rate of one and one-half times (1.5x) that employee's hourly rate. Any additional overtime, Monday through Friday, shall be paid at two times (2x) the regular rate of pay. The first eight hours of overtime work on Saturday shall be paid at the rate of one and one-half times (1.5x) the regular rate of pay. Hours worked in excess of eight (8) hours on Saturday shall be paid at two times (2x) the regular rate of pay. Double time shall be paid for work performed on Sundays, recognized legal holidays or days that may be celebrated as such as designated by the federal government. All shifts for work performed between the hours of 4:30 p.m. and 1:00 a.m. shall be paid at the regular hourly rate plus two dollars ($2.00) per clock hour. All shifts for work performed between the hours of 12:30 a.m. and 9:00 a.m. shall be paid at the regular hour rate plus four dollars ($4.00) per clock hour. All overtime work required after the completion of a regular shift shall be paid at one and one-half times (1.5x) the "shift" hourly rate. NO. 83: Means eight (8) hours shall constitute the regular workday except when the Employer elects to work Four, 10 -Hour days as explained in this Section with starting time to be between the hours of 6:00 a.m. and 9:00 a.m. as determined by the Employer. This adjustable starting time can, at the Employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. Overtime is to be paid after eight (8) hours at the rate of time and one-half (1%). The Employer may have the option to schedule his workweek from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (1%). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, should a holiday occur, Monday through Thursday, the Employer shall have the option to work Friday at the straight time rate of pay, unless work is halted due to inclement weather (rain, snow, sleet falling). The work week is to begin on Monday. Time and one-half (1'/) shall be paid for Saturday work. Double (2) time shall be paid for all Sunday work and work performed on recognized holidays. NO. 87: Means eight (8) hours starting between 6:00 a.m. and 8:00 a.m. and ending between 2:30 p.m. and 4:30 p.m. at the Employers discretion shall constitute a day's work. Any work prior to 6:00 a.m. or after eight (8) hours shall be paid at the overtime rate. Five (5) days from Monday through Friday inclusive shall constitute a regular work week. All hours before and after these regular hours shall be considered overtime and shall be paid for at the rate of double (2) time. All work on Saturday and Sunday shall be paid at double (2) the prevailing scale of wages. AWO20 096 OT.doc ANNUAL WAGE ORDER NO. 20 Page 4 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 91: Means eight (8) hours shall constitute a day's work commencing at 7:00 a.m. and ending at 3:30 p.m., allowing one-half (%) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular workweek shall consist of forty (40) hours of five (5) workdays, Monday through Friday. The workweek may consist of four (4) ten (10) hour days from Monday through Thursday, with Friday as a make-up day. If the make-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid time and one-half (1Y2) for work performed on Saturdays, before the regular starting time or after the regular quitting time or over eight (8) hours per work day (unless working a 10 -hour work day, then time and one-half (1V2) is paid for work performed over ten (10) hours a day) or over forty (40) hours per work week. Work performed on Sundays and recognized holidays shall be paid at the double (2) time rate of pay. SHIFT WORK: When it is necessary for the project to operate in shifts, there will be three (3) eight (8) hour shifts commencing at 8:00 a.m. Shift work must continue for a period of not less than three (3) consecutive work days, two (2) days which must be regular work days (Monday through Friday). In the event the second or third shift of any regular work day shall fall into a Saturday or a holiday, such extension into a Saturday or holiday shall be considered as part of the previous workday and employees shall be paid at the regular shift rate. The first day shift shall work a regular eight (8) hour day at regular rates. The second shift shall be eight (8) hours regular time pay plus $2.50 per hour premium for eight (8) hours work. Third shift will be for eight (8) hours regular time pay plus $3.00 per hour premium for eight (8) hours work. NO. 92: Means all work performed from 8:00 a.m. to 4:30 p.m., Monday through Friday, will be at straight time pay up to forty (40) hours per week. All work performed Monday through Friday before 8:00 a.m. and after 4:30 p.m. will be done at time and one-half (1%). All work done on Saturday will be done at time and one-half (1%), unless the employer and employee agree that Saturday shall be used as a make-up day. The Employer may use a flexible starting time of 7:00 a.m. to 8:00 a.m., and quitting time of 3:30 p.m. to 4:30 p.m., and any such different work starting time shall determine whether wages are payable at the straight rate or the premium rate. All work performed on Saturday shall be paid for at time and one-half (1Y), unless the Saturday has been used as a make-up day. All work performed on Sunday and holidays shall be paid for at the rate of double (2) time. NO. 97: Means the regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty minute lunch period with pay at the regular straight time hourly rate. The regular workday shall begin on the job site between the hours of 6:00 a.m. and 9:00 a.m. with the starting time to be determined by the Employer. This adjustable start time can, at the Employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. The workweek shall begin Monday at the established starting time. The Employer may establish a four (4) ten (10) hour shift exclusive of a thirty (30) minute unpaid lunch period at the straight time wage rate. Forty (40) hours per week shall constitute a week's work, Monday through Thursday. In the event a job is down due to weather conditions, holiday, or other conditions beyond the control of the Employer, then Friday may, at the option of the Employer, be worked as a make-up day at the straight time wage rate. Straight time is not to exceed ten (10) hours a day or forty (40) hours per week. When an Employer works a project on a four (4) ten (10) hour day work schedule, the Employer will not bring in any other crew for a fifth workday on the project while not calling in the normal crew that had been scheduled for that project. Time and one-half (1V2) shall be paid for work performed in excess of eight (8) hours on any regular workday or outside the hours limiting a regular workday, Monday through Friday. Time and one-half (1',4) shall be paid for work performed on Saturdays. Double (2) time shall be paid for work performed on Sundays and recognized holidays. Projects that cannot be performed during regular workday: If required by owner, the contractor may perform work outside the normal work hours and employees shall be paid applicable straight time hourly wage rate plus a premium of two dollars and fifty cents ($2.50) per hour for the first eight (8) hours worked. Any hours worked in excess of eight (8) hours shall be paid at the applicable overtime rate plus the two dollar and fifty cent ($2.50) per hour premium. Shift Work: Shifts may be established when considered necessary be the Employer. Shifts hours and rates will be as follows: First Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Second Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Third Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Shifts shall be established for a minimum of three (3) consecutive workdays. The first shift will be paid at eight (8) hours straight time for eight (8) hours work. The second shift will be paid eight (8) hours straight time plus a two dollar and fifty cent ($2.50) per hour premium for eight (8) hours work, and third shift shall be paid eight (8) hours straight time plus a three dollar and fifty cent ($3.50) per hour premium for eight (8) hours work. Overtime is computed after the premium has been added to the hourly wage rate. Nothing above prohibits the working of two (2) shifts at greater than eight (8) hours with the excess hours to be paid at overtime rate. AWO20 096 OT.doc ANNUAL WAGE ORDER NO. 20 Page 5 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 104: Means eight (8) hours per day shall constitute a standard work day between the hours of 6:00 a.m. and 8:00 p.m. The standard work week shall be forty (40) hours between 6:00 a.m. on Monday and ending 8:00 p.m. on Friday. An overtime rate of time and one-half (1Y2) the base hourly rate shall be paid on all hours in excess of eight (8) hours in a day Monday through Friday. Saturdays shall be considered overtime and work done on Saturday shall be paid at time and one-half (1%) the prevailing scale. Sundays and holidays shall be considered overtime and work done on these days shall be paid at double (2) the prevailing scale. NO. 109: Means a workday of eight (8) hours shall constitute the regular day's work beginning at 8:00 a.m. through 4:30 p.m.; five (5) days shall constitute a work week from Monday to Friday inclusive; time and one-half (1Y2) shall be paid for all work performed before 8:00 a.m. or after 4:30 p.m. of any day Monday through Friday, and all hours worked on Saturday. Double (2) time shall be paid for all work performed on Sunday or any of the recognized holidays. Overtime shall be computed at one-half (1/2) hour intervals. A flexible starting time for eight (8) hours shall constitute the regular workday between the hours of 6:00 a.m. and 5:30 p.m. with starting time determined by the Employer. This adjustable starting time can, at the employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. The Employer may have the option to schedule his workweek from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling), he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. When an Employer works a project of a four (4) ten (10) hour day work schedule, the Employer will not bring in any other crew for a fifth workday on the project while not calling in the normal crew that had been scheduled for that project. Projects that cannot be performed during regular workday: If required by owner, the contractor may perform work outside the normal work hours and employees shall be paid applicable straight time hourly wage rate plus a premium of two dollars and fifty cents ($2.50) per hour for the first eight (8) hours worked. Any hours worked in excess of eight (8) hours shall be paid at the applicable overtime rate plus the two dollar and fifty cent ($2.50) per hour premium. Shift work: Shifts may be established when necessary by the Employer. Shifts shall be established for a minimum of three (3) consecutive workdays. The first shift will be paid at eight (8) hours straight time pay for eight (8) hours work. The second shift will be paid at eight (8) hours straight time pay plus a two dollar and fifty cent ($2.50) per hour premium for eight (8) hours work. The third shift will be paid at eight (8) hours straight time pay plus a three dollar and fifty cent ($3.50) per hour premium for eight (8) hours work. Payment for shift work shall be determined when an Employer first begins his shift operation, i.e., the shifts which begin on Friday morning and end on Saturday morning will be paid straight time; the shifts which start on Saturday morning and end on Sunday morning will be paid at time and one-half (1'/); the shift that start on Sunday morning and end on Monday morning will be paid at two (2) times the regular rate of pay. Employees working during the normal workday shall receive first shift pay; employees working predominantly in the evening hours shall receive second shift pay; employees working predominately during the early morning hours will receive third shift pay. Nothing above prohibits the working of two (2) shifts greater than eight (8) hours with excess hours to be paid at overtime rate. NO. 114: Means eight (8) hours shall constitute a regular work day between the hours of 7:00 a.m. and 5:30 p.m. with a thirty (30) minute lunch period to start between the hours of 11:00 a.m. and 1:00 p.m. Five (5) days shall constitute a regular work week commencing on Monday and ending on Friday. One and one-half (1%) times the regular hourly rate of pay shall be paid for all overtime work, with the exception of holidays or Sundays. Overtime work shall be deemed to include any work performed in excess of eight (8) hours on any day in the regular work week, or any work performed before 7:00 a.m. or after 5:30 p.m. on any day in the regular work week. If a crew is prevented from working forty (40) hours Monday through Friday by reason of inclement weather, then Saturday may be worked by that crew as a make- up day at the straight time rate. Double (2) time shall be paid for work performed on Sundays and holidays, or days observed as such. Shift Work: In the case of three (3) shifts, workmen shall be paid eight (8) hours for seven and one- half (7Y2) hours worked. NO. 116: Means the standard work day shall consist of eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. The standard work week shall consist of five standard work days commencing on Monday and ending on Friday inclusive. All time worked before and after the established eight (8) hour work day, Monday through Friday, and all time worked on Saturdays, shall be paid for at the rate of time & one-half (1%) the hourly base wage rate in effect. All time worked on Sundays and recognized holidays shall be paid for at the rate of double (2) the hourly base wage rate in effect. AW020 096 OT.doc ANNUAL WAGE ORDER NO. 20 Page 6 of 7 Pages CITY OF ST. LOUIS CITY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 126: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m. and the regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half (7Y) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time worked on Saturday shall be paid at the rate of time and one-half (1'/) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $25.77 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. AWO20 096 OT.doc ANNUAL WAGE ORDER NO.20 Page 7 of 7 Pages CITY OF ST. LOUIS CITY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (November 11), Thanksgiving Day, and. Christmas Day shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following Monday shall be observed. No work shall be performed on the days set forth except in cases of emergencies to protect life or property. NO. 5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. NO. 6: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day and any additional holidays which may be mutually agreed upon. Whenever any such holiday falls on a Sunday, the following Monday shall be recognized and observed as the holiday. Work performed on Sundays and holidays shall be paid at the double time rate of pay. No work shall be performed on Labor Day. NO. 7: The following days are assigned days and are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This is applied to protect Labor Day. When a holiday falls during the normal workweek, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week. However, no reimbursement for these eight (8) hours is to be paid to the workman unless worked. If workman are required to work the above enumerated holidays or days observed as such, or on Sunday, they shall receive double (2) the regular rate of pay for such work. NO. 8: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, or the days observed in lieu of these holidays, shall be paid at the double time rate of pay. NO. 12: All work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Should any of these days fall on Sunday, then the following day shall be observed as the holiday. Under no circumstances shall employees be permitted to work on Labor Day. NO. 17: All work performed by Employees working on the following legal holidays, namely New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, to be celebrated on either its national holiday or on the day after Thanksgiving whichever is agreed upon, Thanksgiving Day and Christmas Day shall be paid at the rate of double (2) time. NO. 18: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving and Christmas Day shall be paid at the double time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be considered the holiday, and when one of the above holidays falls on Saturday, the preceding Friday shall be considered the holiday, and all work performed on said day(s) shall be paid at the double time rate. NO. 25: All work done on New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Presidential Election Day, or days locally observed as such, and Saturday and Sunday shall be recognized as holidays and shall be paid at the double (2) time rate of pay. If a named holiday falls on a Saturday, the holiday will be observed on the preceding Friday. When a named holiday falls on Sunday, the Monday after will be observed as the holiday. Appropriate overtime rates to be based on fifteen minute increments. NO. 26: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday it shall be observed on the following Monday. ANNUAL WAGE ORDER NO. 20 AWO20 096 BHol.doc Page 1 of 3 Pages CITY OF ST. LOUIS CITY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO. 27: All work done on the following holidays or days observed as such shall be paid at the double time rate of pay: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. NO. 31: All work done on New Year's Day, Presidents Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, and Employee's Birthday shall be paid at the double time rate of pay. If a holiday falls on Sunday, the following Monday will be observed as the recognized holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the recognized holiday. NO. 36: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. An Employer working a four (4) day, ten (10) hour schedule may use Friday as a make-up day when an observed holiday occurs during the work week. Employees have the option to work that make-up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 41: The following days shall be observed as legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. No work shall be performed on the Fourth of July, Labor Day or Christmas Day. Any work performed on the above holidays shall be paid for at two (2) times the regular straight time rate of pay. When any of the above holidays fall on Sunday, the following Monday shall be observed as such holiday. If a holiday falls on Saturday, it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. NO. 45: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, the day before Christmas, and Christmas Day, shall be paid at the double time rate of pay. NO. 47: The following holidays are recognized: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. When a holiday listed above falls on Saturday, it shall be celebrated on the Friday preceding the holiday. When a holiday falls on Sunday, the following Monday shall be observed. Holidays referred to above shall be paid for at the double (2) time rate of pay when worked. NO. 51: All time worked on Sundays and recognized holidays shall be paid for at the rate of double (2) the hourly base wage rate in effect. The Employer agrees to recognize the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it shall be recognized on the following Monday. If the holiday falls on a Saturday, it shall be recognized as a Saturday only holiday. NO. 54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. NO. 60: All work performed on New Year's Day, Armistice Day (Veteran's Day), Decoration Day (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. NO. 66: All work performed on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. ANNUAL WAGE ORDER NO.20 AWO20 096 BHot.doc Page 2 of 3 Pages CITY OF ST. LOUIS CITY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO. 69: All work performed on New Year's Day, Memorial Day, July Fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at double (2) their straight -time hourly rate of pay. Friday after Thanksgiving and the day before Christmas are also holidays, however, if the employer chooses to work the normal work hours on these days, the employee will be paid at straight -time rate of pay. If a holiday falls on a Saturday, the holiday will be observed on Saturday; if a holiday falls on a Sunday, the holiday will be observed on the following Monday. NO. 71: All work performed on the following recognized holidays, or days that may be celebrated as such, shall be paid at the double (2) time rate of pay: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. If a holiday falls on Sunday, it shall be celebrated on Monday. If a holiday falls on Saturday, it shall be celebrated on the Friday proceeding such Saturday. NO. 73: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day (or mutually agreed date of the Friday after Thanksgiving Day may be substituted for Veteran's Day), Thanksgiving Day and Christmas Day, or in the event that any of said Holidays falls on Sunday, then the day or days generally recognized as such. Any work performed anywhere on any of the aforesaid Holidays, or on the day or days recognized and observed as such, shall be paid for at double (2) time the regular hourly rate. ANNUAL WAGE ORDER NO.20 AW020 096 BHol.doc Page 3 of 3 Pages Heavy Construction Rates for ST. LOUIS CITY REPLACEMENT PAGE Section 096 OCCUPATIONAL TITLE * Date of Increase Basic Hourly Rates Over - Time Schedule Holiday Schedule Total Fringe Benefits Carpenter $34.63 11 7 $14.00 Millwright $34.63 11 7 $14.00 Pile Driver $34.63 11 7 $14.00 Electrician (Outside -Line Construction\Lineman) 12/13 $39.69 9 _ 12 $5.00 + 37.5% Lineman Operator 12/13 $34.26 9 12 $5.00 + 37.5% Lineman - Tree Trimmer $24.25 32 31 $5.00 + 23% Groundman 12/13 $26.49 9 12 $5.00 + 37.5% Groundman - Tree Trimmer $19.22 32 31 $5.00 + 23% Operating Engineer Group I 6/13 $30.51 10 9 $23.35 Group II 6/13 $30.51 10 9 $23.35 Group III 6/13 $29.21 10 9 $23.35 Group IV 6/13 $25.75 10 9 $23.35 Oiler -Driver 6/13 $26.21 10 9 $23.35 Cement Mason 6/13 $30.20 17 11 $15.36 Laborer General Laborer $29.52 16 10 $13.22 Truck Driver -Teamster Group I 6/13 $28.44 14 8 $10.31 Group II 6/13 $28.64 14 8 $10.31 Group III 6/13 $28.74 14 8 $10.31 Group IV 6/13 $28.74 14 8 $10.31 Traffic Control Service Driver $27.35 26 25 $9.045 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet. "`*Annual Incremental Increase ANNUAL WAGE ORDER NO. 20 12/13 CITY OF ST. LOUIS CITY OVERTIME SCHEDULE — HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %) shall be paid for all work in excess of forty (40) hours per work week. NO. 9: Eight (8) hours shall constitute a work day between the hours of 7:00 a.m. and 4:30 p.m. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute the work week. Work performed in the 9th and 10th hour, Monday through Friday, shall be paid at time and one-half (1%) the regular straight time rate of pay. Contractor has the option to pay two (2) hours per day at the time and one-half (1%) the regular straight time rate of pay between the hours of 6:00 a.m. and 5:30 p.m., Monday through Friday. Worked performed in the first eight (8) hours on Saturday shall be paid at the rate of one and eight tenths (1.8) the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays, or days celebrated as such, shall be paid for at the rate of double (2) time. NO. 10: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. The regular workweek shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. except as may be modified. The starting time may be either advanced or delayed one hour or two hours at the discretion of the Employer. The Employer may have the option to schedule his work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work Monday through Thursday and is stopped due to inclement weather, holidays or other conditions beyond the control of the Employer, he shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hour workweek. All necessary overtime and work performed on Saturday, shall be paid at time and one-half (1%) the hourly rate, plus an amount equal to one-half (1/2) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate, plus an amount equal to the hourly Total Indicated Fringe Benefits. Shifts may be established when considered necessary by the Employer. Shift hours and rates will be as follows. If shifts are established, work on the First Shift will begin between 6:00 a.m. and 9:00 a.m. and consist of eight (8) hours of work plus one-half hour unpaid lunch. Hours worked during the first shift will be paid at the straight time rate of pay. The second shift shall start eight hours after the start of the first shift and consist of eight (8) hours of work plus one-half hour unpaid lunch. Work on the second shift will begin between 2:00 p.m. and 5:00 p.m. and be paid the straight time rate plus $2.50 per hour. The third shift shall start eight hours after the start of the second shift and consist of eight (8) hours plus one-half hour unpaid lunch. Work on the third shift will begin between 10:00 p.m. and 1:00 a.m. and be paid the straight time rate plus $3.50 per hour. The additional amounts that are to be paid are only applicable when working shifts. Shifts that begin on Saturday morning through those shifts which end on Sunday morning will be paid at time and one-half these rates. Shifts that begin on Sunday morning through those shifts which end on Monday morning will be paid at double time these rates. NO. 11: Means the regular work day shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period, with pay at the regular straight time hourly rate. The regular workday shall begin on the jobsite between the hours of 6:00 a.m. and 8:00 a.m. with the starting time to be determined by the Employer, unless project owner requires different starting time. This adjustable starting time can, at the Employer's option, be staggered to permit starting portions of the work force, at various times within the prescribed hours. The Employer may establish a four (4) ten (10) hour shift exclusive of the thirty (30) minute lunch period at the straight time wage rate. Forty (40) hours per work week shall constitute a week's work Monday through Thursday. In the event a job is down due to weather conditions, safety or other conditions beyond the control of the Employer, then Friday may, at the option of the Employer, be worked as a make up day at the straight time wage rate. Straight time is not to exceed ten (10) hours a day or forty (40) hours per week. Time and one-half (1%) shall be paid for all overtime hours worked during the week, Monday through Friday, and for all work performed on Saturday. Double time shall be paid for all time worked on Sunday and recognized holidays. ANNUAL WAGE ORDER NO. 20 AWO20 096 HOT.doc Page 1 of 3 CITY OF ST. LOUIS CITY OVERTIME SCHEDULE — HEAVY CONSTRUCTION NO. 14: Means eight (8) hours shall constitute the regular workday except when the Employer elects to work Four, 10 - Hour days as explained in this Section with starting time to be between the hours of 6:00 a.m. and 9:00 a.m. as determined by the Employer. This adjustable starting time can, at the Employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. Overtime is to be paid after eight (8) hours at the rate of time and one-half (1%). The Employer may have the option to schedule his work week from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (1%). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, should a holiday occur, Monday through Thursday, the Employer shall have the option to work Friday at the straight time rate of pay, unless work is halted due to inclement weather (rain, snow, sleet falling). The work week is to begin on Monday. Time and one-half (1%) shall be paid for Saturday work. Double (2) time shall be paid for Sunday work and work performed on recognized holidays. NO. 16: Means the regular workday shall consist of eight (8) consecutive hours, exclusive of a thirty (30) minute lunch period with pay at the straight time hourly rate. The regular workday shall begin on the job site between the hours of 6:00 a.m. and 9:00 a.m. with the starting time to be determined by the Employer. This adjustable start time can, at the Employer's option, be staggered to permit starting portions of the work force at various times within the prescribed hours. The workweek shall begin Monday at the established starting time. The Employer may establish a four (4) ten (10) hour shift exclusive of a thirty (30) minute unpaid lunch period at the straight time wage rate. Forty (40) hours per week shall constitute a week's work, Monday through Thursday. In the event a job is down due to weather conditions, holiday, or other conditions beyond the control of the Employer, then Friday may, at the option of the Employer, be worked as a make-up day at the straight time wage rate. Straight time is not to exceed ten (10) hours a day or forty (40) hours per week. When an Employer works a project on a four (4) ten (10) hour day work schedule, the Employer will not bring in any other crew for a fifth workday on the project while not calling in the normal crew that had been scheduled for that project. Time and one-half (1'A) shall be paid for work performed in excess of eight (8) hours on any regular workday or outside the hours limiting a regular workday, Monday through Friday. Time and one-half (1%) shall be paid for work performed on Saturdays. Double (2) time shall be paid for work performed on Sundays and recognized holidays. Projects that cannot be performed during regular workday: If required by owner, the contractor may perform work outside the normal work hours and employees shall be paid applicable straight time hourly wage rate plus a premium of two dollars and fifty cents ($2.50) per hour for the first eight (8) hours worked. Any hours worked in excess of eight (8) hours shall be paid at the applicable overtime rate plus the two dollar and fifty cent ($2.50) per hour premium. Shift work: Shifts may be established when considered necessary be the Employer. Shifts hours and rates will be as follows: First Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Second Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Third Shift, Eight (8) hours plus one-half (1/2) hour for lunch. Shifts shall be established for a minimum of three (3) consecutive workdays. The first shift will be paid at eight (8) hours straight time for eight (8) hours work. The second shift will be paid eight (8) hours straight time plus a two dollar and fifty cent ($2.50) per hour premium for eight (8) hours work, and third shift shall be paid eight (8) hours straight time plus a three dollar and fifty cent ($3.50) per hour premium for eight (8) hours work. Overtime is computed after the premium has been added to the hourly wage rate. Nothing above prohibits the working of two (2) shifts at greater than eight (8) hours with the excess hours to be paid at overtime rate. NO. 17: Means eight (8) hours shall constitute the regular work day and forty (40) hours a work week, Monday through Friday. The Employer shall establish the starting time between 6:30 a.m. through 9:00 a.m. An Employer may further adjust the starting time up to 9:30 A.M. throughout the year. Time and one-half (1%) shall be paid after eight (8) consecutive hours worked after the established starting time and for hours worked before the established starting time. Time and one-half (1V2) shall be paid for work performed on Saturdays. Work performed on Sundays and Holidays shall be paid at the double (2) time rate of pay. The Employer when working on Highway and Road Work may have the option to schedule the work week for his paving crew only from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (1'/2). If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling), the Employer shall have the option to work Friday at the straight time rate of pay to complete the forty (40) hours. ANNUAL WAGE ORDER NO.20 AWO20 096 HOT.doc Page 2 of 3 CITY OF ST. LOUIS CITY OVERTIME SCHEDULE — HEAVY CONSTRUCTION NO. 26: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However, the project starting time may be advanced or delayed if mutually agreed to by the interest parties. For all time worked on recognized holidays, or days observed as such, double (2) time shall be paid. No. 32: Means the overtime rate shall be time and one-half the regular rate for work over forty (40) hours per week. Sundays and Holidays shall be paid at double the straight time rate. ANNUAL WAGE ORDER NO. 20 AWO20 096 HOT.doc Page 3 of 3 CITY OF ST. LOUIS CITY HOLIDAY SCHEDULE — HEAVY CONSTRUCTION NO. 7: The following days shall be observed as legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. No work shall be performed on the Fourth of July, Labor Day or Christmas Day. Any work performed on the above holidays shall be paid for at two (2) times the regular straight time rate of pay. When any of the above holidays fall on Sunday, the following Monday shall be observed as such holiday. If a holiday falls on Saturday, it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. NO. 8: All work performed by Employees working on the following legal holidays, namely New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, to be celebrated on either its national holiday or on the day after Thanksgiving whichever is agreed upon, Thanksgiving Day and Christmas Day shall be paid at the rate of double (2) time. NO. 9: All work performed on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO. 10: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday, it shall be observed on the following Monday. NO. 11: Means all work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any additional holidays which may be mutually agreed upon shall be paid at the double (2) time rate of pay. Whenever any such holiday falls on a Sunday, the following Monday shall be recognized and observed as the holiday. No work shall be performed on Labor Day. NO. 12: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. When one of the foregoing holidays falls on Saturday, it shall be celebrated on the Friday before the holiday. NO. 25: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workmen unless worked. An Employer working a four (4) day, ten (10) hour schedule may use Friday as a make up day when an observed holiday occurs during the work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay for such work. NO. 31: All work performed on New Year's Day, Presidents' Day, Veterans' Day, Good Friday, Decoration Day, Fourth of July, Labor Day, Christmas Eve Day, Christmas Day, Thanksgiving Day and Day after Thanksgiving or days celebrated for the same. AWO20 096 HHol.doc ANNUAL WAGE ORDER NO. 20 Page 1 of 1 r Missouri Revised Statutes Chapter 290 Wages, Hours and Dismissal Rights August 28, 2009 Definitions. 290.210. As used in sections 290.210 to 290.340, unless the context indicates otherwise: (1) "Construction" includes construction, reconstruction, improvement, enlargement, alteration, painting and decorating, or major repair. (2) "Department" means the department of labor and industrial relations. (3) "Locality" means the county where the physical work upon public works is performed, except that if there is not available in the county a sufficient number of competent skilled workmen to construct the public works efficiently and properly, "locality" may include two or more counties adjacent to the one in which the work or construction is to be performed and from which such workers may be obtained in sufficient numbers to perform the work, and that, with respect to contracts with the state highways and transportation commission, "locality" may be construed to include two or more adjacent counties from which workmen may be accessible for work on such construction. (4) "Maintenance work" means the repair, but not the replacement, of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased. (5) "Prevailing hourly rate of wages" means the wages paid generally, in the locality in which the public works is being performed, to workmen engaged in work of a similar character including the basic hourly rate of pay and the amount of the rate of contributions irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan or program, and the amount of the rate of costs to the contractor or subcontractor which maybe reasonably anticipated in providing benefits to workmen and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the workmen affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal or state law to provide any of the benefits; provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the department, insofar as sections 290.210 to 290.340 are concerned, may be discharged by the making of payments in cash, by the making of irrevocable contributions to trustees or third persons as provided herein, by the assumption of an enforceable commitment to bear the costs of a plan or program as provided herein, or any combination thereof, where the aggregate of such payments, contributions and costs is not less than the rate of pay plus the other amounts as provided herein. (6) "Public body" means the state of Missouri or any officer, official, authority, board or commission of the state, or other political subdivision thereof, or any institution supported in whole or in part by public funds. (7) "Public works" means all fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. It also includes any work done directly by any public utility company when performed by it pursuant to the order of the public service commission or other public authority whether or not it be done under public supervision or direction or paid for wholly or in part out of public funds when let to contract by said utility. It does not include any work done for or by any drainage or levee district. (8) "Workmen" means laborers, workmen and mechanics. (L. 1957 p. 574 § 1, A.L. 1965 p. 438, A.L. 1969 S.B. 142) (1981) Industrial development projects are not subject to the Prevailing Wage Act unless the projects constitute "public works' and involve workmen employed by or on behalf of a public body engaged in public works. State ex rel. Ashcroft v. City of Sedalia (Mo.App.W.D.), 629 S.W.2d 578, (1993) Statute of limitations period for claims for failure to pay prevailing wage for public works governed by section 516.110, RSMo, for actions based on writing and not governed by statute of limitations for unpaid minimum wages in section 516.144, RSMo. City of Kansas City v. Integon Indemnity Corp., 857 S.W.2d 233 (Mo.App.W.D.). Policy declared. 290.220. It is hereby declared to be the policy of the state of Missouri that a wage of no less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed shall be paid to all workmen employed by or on behalf of any public body engaged in public works exclusive of maintenance work. (L. 1957 p. 574 § 2) (1959) Prevailing Wage Act sustained as against attacks claiming it (I) constituted arbitrary classification; (2) unconstitutionally delegated legislative power without standards; (3) is special legislation; and (4) was violative of a city charter adopted under § 19, Art. VI of the constitution. City of Joplin v. Indust. Comm. (Mo.), 329 S.W.2d 687. (1981) Industrial development projects are not subject to the Prevailing Wage Act unless the projects constitute "public works' and involve workmen employed by or on behalf of a public body engaged in public works. State ex rel. Ashcroft v. City of Sedalia (Mo.App.W.D.), 629 S.W.2d 578. Prevailing wage rates required on construction of public works. 290.230. I. Not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, and not less than the prevailing hourly rate of wages for legal holiday and overtime work, shall be paid to all workmen employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. Only such workmen as are directly employed by contractors or subcontractors in actual construction work'on the site of the building or construction job shall be deemed to be employed upon public works. 2. When the hauling of materials or equipment includes some phase of construction other than the mere transportation to the site of the construction, workmen engaged in this dual capacity shall be deemed employed directly on public works. (L. 1957 p. 574 § 3) Department of labor and industrial relations to enforce --make regulations. 290.240. 1. The department shall inquire diligently as to any violation of sections 290.210 to 290340, shall institute actions for penalties herein prescribed, and shall enforce generally the provisions of sections 290.210 to 290.340. 2. The department may establish rules and regulations for the purpose of carrying out the provisions of sections 290.210 to 290.340. (L. 1957 p. 574 § 6, A.L. 1969 S.B. 142) (1997) Department is not authorized by statute to sue for back wages on behalf of workers. Department of Labor and Industrial Relations v. SKC Electric, Inc., 936 S.W.2d 802 (Mo.banc). Prevailing wage, incorporation into contracts —failure to pay, penalty — complaints of violation, public body or prime contractor to withhold payment -- determination of a violation, investigation required --employer's right to dispute -- enforcement proceeding permitted, when. 290.250. 1. Every public body authorized to contract for or construct public works before advertising for bids or undertaking such construction shall request the department to determine the prevailing rates of wages for workmen for the class or type of work called for by the public works, in the locality where the work is to be performed. The department shall determine the prevailing hourly rate of wages in the locality in which the work is to be performed for each type of workman required to execute the contemplated contract and such determination or schedule of the prevailing hourly rate of wages shall be attached to and made a part of the specifications for the work. The public body shall then specify in the resolution or ordinance and in the call for bids for the contract what is the prevailing hourly rate of wages in the locality for each type of workman needed to execute the contract and also the general prevailing rate for legal holiday and overtime work. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than the specified rates to all workmen employed by them in the execution of the contract. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workmen performing work under the contract. The employer shall forfeit as a penalty to the state, county, city and county, city, town, district or other political subdivision on whose behalf the contract is made or awarded one hundred dollars for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates for any work done under said contract, by him or by any subcontractor under -him, and the said public body awarding the contract shall cause to be inserted in the contract a stipulation to this effect. It shall be the duty of such public body awarding the contract, and its agents and officers, to take cognizance of all complaints of all violations of the provisions of sections 290.210 to 290.340 committed in the course of the execution of the contract, and, when making payments to the contractor becoming due under said contract, to withhold and retain there from all sums and amounts due and owing as a result of any violation of sections 290.210 to 290.340. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of said subcontractor's failure to comply with the terms of sections 290.210 to 290.340, and if payment has already been made to him, the contractor may recover from him the amount of the penalty in a suit at law. 2. In determining whether a violation of sections 290.210 to 290.340 has occurred, and whether the penalty under subsection 1 of this section shall be imposed, it shall be the duty of the department to investigate any claim of violation. Upon completing such investigation, the department shall notify the employer of its findings. If the department concludes that a'violation of sections 290.210 to 290.340 has occurred and a penalty may be due, the department shall notify the employer of such finding by providing a notice of penalty to the employer. Such penalty shall not be due until forty-five days after the date of the notice of the penalty. 3. The employer shall have the right to dispute such notice of penalty in writing to the department within forty-five days of the date of the notice. Upon receipt of this written notice of dispute, the department shall notify the employer of the right to resolve such dispute through arbitration. The state and the employer shall submit to an arbitration process to be established by the department by rule, and in conformance with the guidelines and rules of the American Arbitration Association or other arbitration process mutually agreed upon by the employer and the state. If at any time prior to the department pursuing an enforcement action to enforce the monetary penalty provisions of subsection 1 of this section against the employer, the employer pays the back wages as determined by either the department or the arbitrator, the department shall be precluded from initiating any enforcement action to impose the monetary penalty provisions of subsection 1 of this section. 4. If the employer fails to pay all wages due as determined by the arbitrator within forty-five days following the conclusion of the arbitration process, or if the employer fails to exercise the right to seek arbitration, the department may then pursue an enforcement action to enforce the monetary penalty provisions of subsection 1 of this section against the employer. If the court orders payment of the penalties as prescribed in subsection 1 of this section, the department shall be entitled to recover its actual cost of enforcement from such penalty amount. 5. Nothing in this section shall be interpreted as precluding an action for enforcement filed by an aggrieved employee as otherwise provided in law. (L. 1957 p. 574 § 4, A.L. 1969 S.B. 142, A.L. 2007 S.B. 339) Determination of hourly rate for highways and transportation commission, when made, where filed, objections, hearing, determination. 290.260. 1. The department, as it deems necessary, shall from time to time investigate and determine the prevailing hourly rate of wages in the localities. A determination applicable to every locality to be contajidd in a general wage order shall be made annually on -or before July first of each year for the Missouri state highways and transportation commission and shall remain in effect until superseded by a new general wage order. In determining prevailing rates, the department shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and the rates that are paid generally within the locality. 2. A certified copy of the determination so made shall be filed immediately with the secretary of state and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the filing. 3. At any time within thirty days after the certified copies of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to the determination or the part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection. 4. Within thirty days of the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing. 5. The department at its discretion may hear each written objection separately or consolidate for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The department, or the objector, or any interested party, thereafter may introduce any evidence that is material to the issues. 6. Within twenty days of the conclusion of the hearing, the department must rule on the written objection and make the final determination that it believes the evidence warrants. Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail. 7. This final decision of the department of the prevailing wages in the locality is subject to review in accordance with the provisions of chapter 536, RSMo. Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a service of the final determination on persons not participating in the administrative proceedings resulting in the final determination. 8. At any time before trial any person affected by the final determination of the department may intervene in the proceedings to review under chapter 536, RSMo, and be made a party to the proceedings. 9. All proceedings in any court affecting a determination of the department under the provisions of sections 290.210 to 290.340 shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests. (L. 1957 p. 574 § 8, A.L. 1965 p. 95, A.L. 1969 S.B. 142) (1962) The function of the court in reviewing decision of industrial commission fixing hourly wage rate is to decide if the determination was authorized by law and supported by competent and substantial evidence upon the whole record. United Bro. of Carpenters, etc. v. Industrial Commission (A.), 363 .S.W.2d 82. • Determination of hourly rate by location and occupation title, when made, where filed --objections, hearings --final determination --notice to department by public body, when. 290.262. I. Except as otherwise provided in section 290.260, the department shall annually investigate and determine the prevailing hourly rate of wages in each locality for each separate occupational title. A final determination applicable to every locality to be contained in an annual wage order shall be made annually on or before July first of each year and shall remain in effect until superseded by a new annual wage order or as otherwise provided in this section. In determining prevailing rates, the department shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and the rates that are paid generally within the locality, and shall, by March tenth of each year, make an initial determination for each occupational title within the locality. 2. A certified copy of the initial determinations so made shall be filed immediately with the secretary of state and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the filing. 3. At any time within thirty days after the certified copies of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to a determination or a part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection. If no objection is filed, the determination is final after thirty days. 4. After the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior tothe date set for the hearing. 5. The department at its discretion may hear each written objection separately or consolidate for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The department, or the objector, or any interested party, thereafter may introduce any evidence that is material to the issues. 6. Within twenty days of the conclusion of the hearing, the department shall rule on the written objection and make the final determination that it believes the evidence warrants. Immediately, the department shall file a certified copy of its final determination with the secretary of state and with'the department and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail. 7. This final decision of the department of the prevailing wages in the locality for each occupational title is subject to review in accordance with the provisions of chapter 536, RSMo. Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a service of the final determination on persons not participating in the administrative proceedings resulting in the final determination. 8. At any time before trial any person affected by the final determination of the department may intervene in the proceedings to review under chapter 536, RSMo, and be made a party to the proceedings. 9. Any annual wage order made for a particular occupational title in a locality may be altered once each year, as provided in this subsection. The prevailing wage for each such occupational title may be adjusted on the anniversary date of any collective bargaining agreement which covers all persons in that particular occupational title in the locality in accordance with any annual incremental wage increases set in the collective bargaining agreement. If the prevailing wage for an occupational title is adjusted pursuant to this subsection, the employee's representative or employer in regard to such collective bargaining agreement shall notify the department of this adjustment, including the effective date of the adjustment. The adjusted prevailing wage shall be in effect until the next final annual wage order is issued pursuant to this section. The wage rates for any particular job, contracted and commenced within sixty days of the contract date, which were set as a result of the annual or revised wage order, shall remain in effect for the duration of that particular job. 10. In addition to all other reporting requirements of sections 290.210 to 290.340, each public body which is awarding a contract for a public works project shall, prior to beginning of any work on such public works project, notify the department, on a form prescribed by the department, of the scope of the work to be done, the various types of craftsmen who will be needed on the project, and the date work will commence on the project. (L. 1993 H.B. 638) Hourly wage must equal or exceed federal minimum wage. 290.263. The hourly wages to be paid as prescribed in section 290.250 to workmen upon public works shall not be less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. (L. 1969 S.B. 142) Wage rates posted, where. 290.265. A clearly legible statement of all prevailing hourly wage rates to be paid to all workmen employed in order to execute the contract and employed on the construction of the public works shall be kept posted in a prominent and easily accessible place at the site thereof by each contractor and subcontractor engaged in the public works projects under the provisions of this law and such notice shall remain posted during the full time that any such workman shall be employed on the public works. (L. 1969 S.B. 142) Declaration as to prevailing wages final --maximum wages and hours not limited. 290.270. The finding of the department ascertaining and declaring the prevailing hourly rate of wages shall be final for the locality, unless reviewed under the provisions of sections 290.210 to 290.340. Nothing in sections 290.210 to 290.340, however, shall be construed to prohibit the payment to any workman ernployed.on any public work of more than the prevailing rate of wages. Nothing in sections 290.210 to 290.340 shall be construed to limit the hours of work which may be performed by any workman in any particular period of time. (L. 1957 p. 574 § 7, A.L. 1969 S.B. 142) Administration of oaths--subpoenas--enforcement of subpoenas. 290.280. The authorized representative of the department may administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all books, records, and other evidence relative to any matter under investigation or hearing. The subpoena shall be signed and issued by the department's authorized representative. In case of failure of any person to comply with any subpoena lawfully issued under this section, or on the refusal of any witness to produce evidence or to testify to any matter regarding which he may be lawfully interrogated, the authorized representative of the department may proceed to enforce obedience to the subpoenas in the manner provided by section 536.077, RSMo, for administrative agencies. The authorized representative of the department shall have the power to certify to official acts. (L. 1957 p. 574 § 9, A.L. 1961 p. 438) Contractor's payroll records, contents --affidavit of compliance required --signs on motor vehicles and equipment, requirements —temporary stationary sign, when —exception. 290.290. 1. The contractor and each subcontractor engaged in any construction of public works shall keep full and accurate records clearly indicating the names, occupations and crafts of every workman employed by them in connection with the public work together with an accurate record of the number of hours worked by each workman and the actual wages paid therefor. The payroll records required to be so kept shall be open to inspection by any authorized representative of the contracting public body or of the department at any reasonable time and as often as may be necessary and such records shall not be destroyed or removed from the state for the period of one year following the completion of the public work in connection with which the records are made. 2. Each contractor and subcontractor shall file with the contracting public body upon completion of the public work and prior to final payment therefor an affidavit stating that he had fully complied with the provisions and requirements of this chapter, and no public body shall be authorized to make final payment until such affidavit is filed therewith in proper form and order. 3. Each contractor and subcontractor engaged in any construction of public works shall have its name, acceptable abbreviation or recognizable logo and the name of the city and state of the mailing address of the principal office of the company, on each motor vehicle and motorized self-propelled piece of equipment which is used in connection with such public works project during the time the contractor or subcontractor is engaged on such project. The sign shall be legible from a distance of twenty feet but the size of the lettering need not be larger than two inches. In cases where equipment is leased or where affixing a legible sign to the equipment is impractical, the contractor may place a temporary stationary sign, with the information required pursuant to this subsection, at the main entrance of the construction project in place of affixing the required information on the equipment so long as such sign is not in violation of any state or federal statute, rule or regulation. Motor vehicles which are required to have similar information affixed thereto pursuant to requirements of a regulatory agency of the state or federal government are exempt from the provisions-of,this subsection. 4. The provisions of subsection 3 of this section shall not apply to construction of public works for which the contract awarded is in the amount of two hundred fifty thousand dollars or less. (L. 1957 p. 574 § 5, A.L, 1969 S.B. 142, A.L. 1993 H.B. 416 & 417) Actions for prevailing wages by workman authorized. 290.300. Any workman employed by the contractor or by any subcontractor under the contractor who shall be paid for his services in a sum less than the stipulated rates for work done under the contract, shall have a right of action for double whatever difference there may be between the amount so paid and the rates provided by the contract together with a reasonable attorney's fee to be determined by the court, and an action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. (L. 1957 p. 574 § 10, A.L. 1969 S.B. 142) Rebates by workmen prohibited, exception. 290.305. No person, firm or corporation shall violate the wage provisions of any contract contemplated in sections 290.210 to 290.340 or suffer or require any employee to work for less than the rate of wages so fixed, or violate any of the provisions contained in sections 290.210 to 290.340. Where workmen are employed and their rate of wages has been determined as provided in sections 290.210 to 290.340, no person, either for himself or any other person, shall request, demand or receive, either before or after such workman is engaged, that such workman pay back, return, donate, contribute, or give any part or all of said workman's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with such request or demand will prevent such workman from procuring or retaining employment, and no person shall, directly or indirectly, pay, request or authorize any other person to violate this section. This section does not apply to any agent or representative of a duly constituted labor organization acting in the collection of dues or assessments of such organization. (L. 1969 S.B. 142) Deductions from wages, agreement to be written, approval of public body required. 290.315. All contractors and subcontractors required in sections 290.210 to 290.340 to pay not less than the prevailing rate of wages shall make full payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description. This section does not apply where the employer and employee enter into an agreement in writing at the beginning of said term of employment covering deductions for food, sleeping accommodations, or other similar items, provided such agreement is submitted by the employer to the public body awarding the contract and the same is approved by such public body as fair and reasonable. (L. 1969 S.B. 142) Advertising for bids before prevailing wage is determined prohibited. 290.320. No public body, officer, official, member, agent or representative authorized to contract for public works shall fail, before advertising for bids or contracting for such construction, to have the department determine the prevailing rates of wages of workmen for each class of work called for by the public works in the locality where the work is to be performed as provided in sections 290.210 to 290.340. (L. 1969 S.&.142) Awarding contract or payment without prevailing wage determination prohibited. 290.325. No public body, officer, official, member, agent or representative thereof authorized to contract for public works shall award a contract for the construction of such improvement or disburse any funds on account of the construction of such public improvement, unless such public body has first had the department determine the prevailing rates of wages of workmen for the class of work called for by such public works in the locality where the work is to be performed and such determination has been made a part of the specifications and contract for such public works. (L. 1969 S.B. 142) Convicted violators of sections 290.210 to 290.340 listed, effect of. 290.330. The department after investigation, upon complaint or upon its own initiative, shall file with the secretary of state a list of the contractors and subcontractors who it finds have been prosecuted and convicted for violations of sections 290.210 to 290.340 and such contractor or subcontractor, or simulations thereof, shall be prohibited from contracting directly or indirectly with any public body for the construction of any public works or from performing any work on the same as a contractor or subcontractor for a period of one year from the date of the first conviction for such violation and for a period of three years from the date of each subsequent violation and conviction thereof. No public body shall award a contract for a public works to any contractor or subcontractor, or simulation thereof, during the time that its name appears on said list. The filing of the notice of conviction with the secretary of state shall be notice to all public bodies and their officers, officials, members, agents and representatives. (L. 1969 S.B. 142) Notice of violation, failure to comply, attorney general shall sue, injunctive relief authorized. 290.335. If it is found that a public body, contractor or subcontractor has not complied with any of the terms of sections 290.210 to 290.340, the department shall give notice of the precise violation in writing to such public body, contractor or subcontractor. Sufficient time may be allowed for compliance therewith as the department deems necessary. After the expiration of the time prescribed in said notice, the department may in writing inform the attorney general of the fact that such notice has been given and that the public body, contractor or subcontractor or the authorized representative or agent thereof to whom it was directed has not complied with such notice. Upon receipt thereof, the attorney general shall at the earliest possible time bring suit in the name of the state in the circuit court of the county in which such public body is located or where any such contractor or subcontractor is engaged in any public works to enjoin the award of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the requirements of such notice are fully complied with. The court may issue a temporary restraining order with due notice to the defendant in such action. The plaintiff shall in any such injunctive action post an adequate bond to be set by the circuit judge. Upon final hearing thereof, if the court is satisfied that the requirements of the notice by the department to the defendant were not unreasonable or arbitrary, it shall issue an order enjoining the awarding of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the notice is fully complied with. Such injunction shall continue operative until the court is satisfied that the requirements of such notice have been complied with and the court shall have and exercise with respect to the enforcement of such injunctions all the power in it in other similar cases. Both the plaintiff and defendant in such action have the same rights of appeal as are provided by law in other injunction proceedings. (L. 1969 S.B. 142) Penalty for violation. 290.340. Any officer, official, member, agent or representative of any public body, contractor or subcontractor who willfully violates and omits to comply with any of the provisions and requirements of sections 290.210 to 290.340 shall be punished for each violation thereof by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day such violation or omission continues shall constitute a separate offense as contemplated by this section. (L. 1969 S.B. 142) (1997) As used in this section, "willfully" means "knowingly". State v. Lee Mechanical Contractors, Inc., 938 S.W.2d 269 (Mo.banc). Request for arbitration, when, how made --board to be appointed. 290.350. Whenever a dispute exists concerning wages, hours of labor, or conditions of employment of members of a paid fire department of any county, city, town, fire district, or other governmental unit having a population in excess of twenty thousand or located in a county of the first class, and a request for arbitration is made by either party to the dispute, a firemen's arbitration board shall be appointed as provided in sections 290.350 to 290.380. Request for arbitration may be made by written petition signed by at least fifty-one percent of the employees of the fire department or by resolution of the county commission, council, board, or other governing body having direction and control over the fire department. (L. 1963 p. 415 § I ) (1968) As applied to constitutional charter cities, sections 290.350 and 290.360,1tSMo, are unconstitutional and void as imposing duties upon a municipal officer. State v. Cervantes (Mo.), 423 S.W.2d 791. Board members --selected, how --officers. 290.360. The board shall consist of five members, four of whom shall be appointed by the chief executive officer of the county, city, town, fire district, or other governmental unit involved, and shall be qualified voters of the county, city, town, fire district, or other governmental unit involved. Two of these appointments shall be made from a list of four or more, submitted by the employees. If the request for arbitration is initiated by petition of the employees, the petition shall be accompanied by a list of four or more persons. If the request for arbitration is initiated by the county commission, council, board or other governing body having direction and control over the fire department, the chief executive officer of the county, city, town, fire district, or other governmental unit shall mail a copy of the resolution, together with a request for the submission of a list of four or more prospective members of the firemen's arbitration board to representatives of the employees of the fire department. The four members appointed by the chief executive officer shall select the fifth member of the board, who may or may not be a registered voter of the county, city, town, fire district, or other governmental unit involved. The board shall meet and organize as soon as possible after its appointment. The board shall select from its membership a chairman and any other officers it considers necessary, and make rules of procedure governing its hearings. (L. 1963 p. 415 § 2) (1968) As applied to constitutional charter cities, sections 290.350 and 290.360, RSMo, are unconstitutional and void as imposing duties upon a municipal officer. State v. Cervantes (Mo.), 423 S.W.2d 791. Hearing and recommendations of board. 290.370. The board shall conduct hearings, with dispatch, for the purpose of hearing evidence relevant to the subject of the dispute, and shall, as soon as practicable, report its findings and recommendations in writing to the chief executive officer of the county, city, town, fire district, or other governmental unit involved, and to any organization of firemen involved. The report shall be concurred in by at least three members of the board. The recommendation shall be advisory only and shall not be binding upon the county, city, town, fire district, or other governmental unit, or upon the members of the fire department involved. (L. 1963 p, 415 § 3) Expenses of board members to be paid. 290.380. Members of the board shall serve without compensation. All necessary expenses of any hearing conducted by the board members, certified to by all the members of the board, shall be paid by the county, city, town, fire district, or other governmental unit involved. (L. 1963 p. 415 § 4) Definitions. 290.400. As used in sections 290.400 to 290.450 the following words have the meanings indicated unless the context clearly requires otherwise: (1) "Commission", the labor and industrial relations commission of Missouri; (2) "Employee", every woman or man in receipt of or entitled to compensation for labor performed for any employer; (3) "Employer", every person, firm, corporation, agent, manager, representative, contractor, subcontractor, principal or other person having control or direction of any woman or man employed at any labor, or responsible directly or indirectly for the wages of another; (4) "Female", a woman of eighteen years or over; (5) "Wage rates" or "wages", any compensation for labor measured by time, piece, or otherwise. (L. 1963 p. 416 § 1) Employer not to pay female lower wage. 290.410. Notwithstanding any other provisions of the law, no employer shall pay any female in his employ at wage rates less than the wage rates paid to male employees in the same establishment for the same quantity and quality of the same classification of work, provided that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, or factors other than sex, when exercised in good faith. (L. 1963 p. 416 § 2) Female may register complaint. 290.420. Any affected female employee may register with the commission a complaint that the wages paid to her are less than the wages to which she is entitled under sections 290.400 to 290.450. (L. 1963 p. 416 § 4) Labor and industrial relations commission to mediate wage disputes. 290.430. The commission shall take all proceedings necessary to mediate the dispute concerning the payment of any sums alleged to be due and unpaid to the female employees. The commission shall have the power to issue such regulations not inconsistent with the purpose and provisions of sections 290.400 to 290.450, as it deems necessary or appropriate for the administration thereof. (L. 1963 p:416 § 5, A.L. 1965 p. 95) Female may recover wages, when --burden of proof. 290.440. 1. Any employer who violates section 290.410 is liable to the female employee affected in the amount of the wages of which the female employee is deprived by reason of the violation. 2. Any female employee receiving less than the wage to which she is entitled under sections 290.400 to 290.450 may recover in a civil action the balance of the wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage. 3. The burden of proof shall be upon the person bringing the claim to establish that the differentiation in rate of pay is based upon the factor of sex and not upon other differences or factors. (L. 1963 p. 416 §§ 3, 6, 8) Actions to be instituted in circuit court —limitations. 290.450. Any action based upon or arising under sections 290.400 to 290.450 shall be instituted in the circuit court within six months after the date of the alleged violation, but in no event shall any employer be liable for any pay due under sections 290.400 to 290.450 for more than thirty days prior to receipt by the employer of written notice of claim thereof from the female employee. (L 1963 p. 416 § 7) Powers and duties of commission. 290.460. The commission shall carry on a continuing program of education, information, study, and community organization concerning the problems of female employees in seeking, obtaining and holding employment without discrimination on account of sex. The commission's power and duties shall include but not be limited to the following: (1) Promote in cooperation with the federal government, state, local and private agencies and organizations, programs to eliminate discrimination in employment based solely on sex; (2) Promote research with the view to reducing barriers based solely on sex in the hire, employment and retention of female employees; (3) Sponsor and correlate in communities of the state, information and educational programs intended to reduce or abolish discrimination in employment based solely on sex; (4) Recommend to the governor, from time to time, any specific proposals for legislation as may be deemed necessary and proper for the elimination in employment of discrimination based solely on sex. (L. 1965 p. 439) Definitions. 290.500. As used in sections 290.500 to 290.530, the following words and phrases mean: (1) "Agriculture", farming and all its branches including, but not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodities, the raising of livestock, fish and other marine life, bees, fur -bearing animals or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with fanning operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market; (2) "Director", the director of the department of labor and industrial relations or his authorized representative; '1—(3) "Etnpioyee",':aiiy individual employed by an employer, except that the term "employee" shall not include: (a) Any individual employed in a bona fide executive, administrative, or professional capacity; (b) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer -employee relationship does not, in fact, exist or where the services rendered to the organization are on a voluntary basis; (c) Any individual standing in loco parentis to foster children in their care; (d) Any individual employed for less than four months in any year in a resident or day camp for children or youth, or any individual employed by an educational conference center operated by an educational, charitable or not -for-profit organization; (e) Any individual engaged in the activities of an educational organization where employment by the organization is in lieu of the requirement that the individual pay the cost of tuition, housing or other educational fees of the organization or where earnings of the individual employed by the organization are credited toward the payment of the cost of tuition, housing or other educational fees of the organization; (f) Any individual employed on or about a private residence on an occasional basis for six hours or less on each occasion; (g) Any handicapped person employed in a sheltered workshop, certified by the department of elementary and secondary education; (h) Any person employed on a casual basis to provide baby-sitting services; (i) Any individual employed by an employer subject to the provisions of part A of subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 et seq.; (j) Any individual employed on a casual or intermittent basis as a golf caddy, newsboy, or in a similar occupation; (k) Any individual whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer; (I) Any individual who is employed in any government position defined in 29 U.S.C. §§ 203 (e)(2)(C)(i)-(ii); (m) Any individual employed by a retail or service business whose annual gross volume sales made or business done is less than five hundred thousand dollars; (n) Any individual who is an offender, as defined in section 217.010, RSMo, who is incarcerated in any correctional facility operated by the department of corrections, including offenders who provide labor or services on the grounds of such correctional facility pursuant to section 217.550, RSMo; (o) Any individual described by the provisions of section 29 U.S.C. 213(a) (8); (4) "Employer", any person acting directly or indirectly in the interest of an employer in relation to an employee; (5) "Learner and apprentice", any individual under 20 years of age who has not completed the required training for a particular job. In no event shall the individual be deemed a learner or apprentice in the occupation after three months of training except where the director finds, after investigation, that for the particular occupation a minimum of proficiency cannot be acquired in three months. In no case shall a person be declared to be a learner or apprentice after six months of training for a particular employer or job. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. § 213(a) (3) may be deemed a learner or apprentice for ninety working days. No individual shall be deemed a learner or apprentice solely for the purpose of evading the provisions of sections 290.500 to 290.530; (6) "Occupation", any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed; (7) "Wage", compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value; (8) "Person", any individual, partnership, association, corporation, business, business trust, legal representative, or any organized group of persons; (9) "Man -day", any day during which an employee performs any agricultural labor for not less than one hour. (L. 1990 H.B. 1881 § 1, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Minimum wage rate --increase or decrease, when. 290.502. 1. Except as may be otherwise provided pursuant to sections 290.500 to 290.530, effective January 1, 2007, every employer shall pay to each employee wages at the rate of $6.50 per hour, or wages at the same rate or rates set under the provisions of federal law as the prevailing federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher. 2. The minimum wage shall be increased or decreased on January 1, 2008, and on January 1 of successive years, by the increase or decrease in the cost of living. On September 30, 2007, and on each September 30 of each successive year, the director shall measure the increase or decrease in the cost of living by the percentage increase or decrease as of the preceding July over the level as of July of the immediately preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W) or successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase or decrease rounded to the nearest five cents. (L. 1990 H.B. 1881 § 2, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Overtime compensation, applicable number of hours, exceptions. 290.505. 1. No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not leis tl ari ,one and one-hsif t#ri'e 'the regular rate at which he is employed. 2. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a) (3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one -week period. 3. With the exception of employees described in subsection (2), the overtime requirements of subsection (1) shall not apply to employees who are exempt from federal minimum wage or overtime requirements including, but not limited to, the exemptions or hour calculation formulas specified in 29 U.S.C. Sections 207 and 213, and any regulations promulgated thereunder. 4. Except as may be otherwise provided under sections 290.500 to 290.530, this section shall be interpreted in accordance with the Fair Labor Standards Act, 29 U.S.C. Section 201, et seq., as amended, and the Portal to Portal Act, 29 U.S.C. Section 251, et seq., as amended, and any regulations promulgated thereunder. (I.., 1990 H.B. 1881 § 3, A.L. 2006 Adopted by initiative, Proposition B, November 7, 2006, A.L. 2008 H.B. 1883 merged with H.B. 2041) Effective 6-25-08 (H.B. 2041) 8-28.08 (H.B. 1883) Agriculture, law not applicable. 290.507. Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture, as defined in section 290.500 (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man -days of agriculture labor, (B) if such employee is the parent, spouse, child, or other member of his employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock. (L. 1990 H.B. 1881 § 4, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Director may investigate to prove compliance. 290.510. The director shall have authority to investigate and ascertain the wages of persons employed in any occupation included within the meaning of sections 290.500 to 290.530. (L. 1990 H.B. 1881 § 5, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Gratuities, goods or services as part of wages, effect on minimum wage requirements. 290.512. 1. No employer of any employee who receives and retains compensation in the form of gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum wage rate specified in sections 290.500 to 290.530, however, total compensation for such employee shall total at least the minimum wage specified in sections 290.500 to 290.530, the difference being made up by the employer. 2. If an employee receives and retains compensation in the form of goods or services as an incident of his employment and if he is not required to exercise any discretion in order to receive the goods or services, the employer is required to pay only the difference between the fair market value of the goods and services and the minimum wage otherwise required to be paid by sections 290.500 to 290.530. The fair market value of the goods and services shall be computed on a weekly basis. The director shall provide by regulation a method of valuing the goods and services received by any employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to 290.530. He shall also provide by regulation a method of determining those types of goods and services that are an incident of employment the receipt of which does not require any discretion on the part of the employee. (L. 1990 H.B. 1881 § 6, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Physical or mental deficiency of employee, wage rate, determined by director, how. 290.515. After a public hearing at which any person may be heard, the director shall provide by regulation for the employment in any occupation of individuals whose earning capacity is impaired by physical or mental deficiency at wages lower than the wage rate applicable under sections 290.500 to 290.530. The individuals shall be employed as the director finds appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the wage rate applicable under sections 290.500 to 290.530, except that no individual who maintains a production level within the limits required of other employees shall be paid less than the wage rate applicable under sections 290.500 to 290.530. Employees affected or their guardians shall be given reasonable notice of this hearing. (L. 1990 H.B. 1881 § 7, A.L, 2006 Adopted by Initiative, Proposition B, November 7, 2006) Learners and apprentices, wage rate, determined by director, how. 290.517. After a public hearing of which individual employees affected must be given reasonable notice, the director shall provide by regulation for the employment in any occupation, at wages lower than the wage rate applicable under sections 290.500 to 290.530, of such learners and apprentices as he finds appropriate to prevent curtailment of opportunities for employment. Such wage rate for learners and apprentices shall be not less than 90 cents less than the minimum wage established by sections 290.500 to 290.530. At no time may this provision be used for the purpose of evading the spirit and meaning of sections 290.500 to 290.530. (L. 1990 H.B. 1881 § 8, A.L. 2006 Adopted by initiative, Proposition B, November 7, 2006) Employer to keep records --director may inspect, records to be confidential. 290.520. Every employer subject to any provision of sections 290.500 to 290.530 or any regulation issued under sections 290.500 to 290.530 shall make and keep for a period of not less than three years on or about the premises wherein any employee is employed or at some other premises which is suitable to the employer, a record of the name, address and occupation of each of his employees, the rate of pay, the amount paid each pay period to each employee, the hours worked each day and each workweek by the employee and any goods or services provided by the employer to the employee as provided in section 290.512. The records shall be open for inspection by the director by appointment. Where the records required under this section are kept outside the state, the records shall be made available to the director upon demand. Every such employer shall furnish to the director on demand a sworn statement of time records and information upon forms prescribed or approved by the director. All the records and information obtained by the department of labor and industrial relations are confidential and shall be disclosed only on order of a court of competent jurisdiction. (L, 1990 H.B. 1881 § 9, A.L, 2006 Adopted by Initiative, Proposition B, November 7, 2006) Summary of law and wage rate, employer to post, how. 290.522. Every employer subject to any provision of sections 290.500 to 290.530 or of any regulations issued under sections 290.500 to 290.530 shall keep a summary of sections 290.500 to 290.530, approved by the director, and copies of any applicable wage regulations issued under sections 290.500 to 290.530, or a summary of the wage regulations posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. Employers shall be furnished copies of the summaries and regulations by the state on request without charge. (L. 1990 H.B. 1881 § 10, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Rulemaking authority. 290.523. The department may, in accordance with chapter 536, RSMo, promulgate such rules and regulations as are necessary for the enforcement and administration of sections 290.500 to 290.530. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul* a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void. (L. 2008 H.B. 1883 merged with H.H. 2041) "Word "annual" appears in original rolls of H.B. 1883, 2008. Violations --penalty. 290.525. Any employer who hinders the director in the performance of his duties in the enforcement of sections 290.500 to 290.530 by any of the following acts is guilty of a class C misdemeanor: (1) Refusing to admit the director to any place of employment; (2) Failing to make, keep and preserve any records as required under the provisions of sections 290.500 to 290.530; (3) Falsifying any record required under the provisions of sections 290.500 to 290.530; (4) Refusing to make any record required under the provisions of sections 290.500 to 290.530 accessible to the director; (5) Refusing to furnish a sworn statement of any record required under the provisions of sections 290.500 to 290.530 or any other information required for the proper enforcement of sections 290.500 to 290.530 to the director upon demand; (6) Failing to post a summary of sections 290.500 to 290.530 or a copy of any applicable regulation as required; (7) Discharging or in any other manner discriminating against any employee who has notified the director that he has not been paid wages in accordance with the provisions of sections 290.500 to 290.530, or who has caused to be instituted any proceeding under or related to sections 290.500 to 290.530, or who has testified or is about to testify in any such proceeding; (8) Paying or agreeing to pay wages at a rate less than the rate applicable under sections 290.500 to 290.530. Payment at such rate for any week or portion of a week constitutes a separate offense as to each employee; (9) Otherwise violating any provisions of sections 290.500 to 290.530. Each day of violation constitutes a separate offense. (L. 1990 H.B. 1881 § II, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Action for underpayment of wages, employee may bring —limitation. 290.527. Any employer who pays any employee less wages than the wages to which the employee is entitled under or by virtue of sections 290.500 to 290.530 shall be liable to the employee affected for the full amount of the wage rate and an additional equal amount as liquidated damages, less any amount actually paid to the employee by the employer and for costs and such reasonable attorney fees as may be allowed by the court or jury. The employee may bring any legal action necessary to collect the claim. Any agreement between the employee and the employer to work for less than the wage rate shall be no defense to the action. All actions for the collection of any deficiency in wages shall be commenced within two years of the accrual of the cause of action. (L. 1990 H.B. 1881 § 12, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Law not to supersede more favorable existing law. 290.528. Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on August 28, 1990, which are more favorable to employees than those applicable to employees under sections 290.500 to 290.530or the regulations issued under sections 290.500 to 290.530, shall not be deemed to be amended, rescinded, or otherwise affected by sections 290.500 to 290.530 but shall continue in full force and effect and may be enforced as provided by law. (L, 1990 ILB. 1881 § 13, A.L, 2006 Adopted by Initiative, Proposition B, November 7, 2006) Law not to interfere with collective bargaining rights. 290.530. Nothing in sections 290.500 to 290.530 shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through- representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of sections 290.500 to 290.530. (L. 1990 H.B. 1 BB 1 § 14, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006) Definitions. 290.550. As used in sections 290.550 to 290.580, the following terms mean: (I) "Laborers from nonrestrictive states", persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the labor and industrial relations commission; (2) "Missouri laborer", any person who has resided in Missouri for at least thirty days and intends to become or remain a Missouri resident; (3) "A period of excessive unemployment", any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures; (4) "Public works", projects defined as public works pursuant to section 290.210. (L. 1993 H.B. 416 & 417 § I) Law to apply to. certain projects. 290.555. Sections 290.550 to 290.580 apply to all labor on public works projects or improvements, whether skilled, semiskilled or unskilled, and whether manual or nonmanual except work done directly by any public utility company and not let to contract. (L. 1993 H.B. 416 &417 .§ 2) Certain laborers to be used on public works projects, when --contract provisions- -exceptions. 290.560. Whenever there is a period of excessive unemployment in this state, every person who is charged with the duty, either by law or contract, of constructing or building any public works project or improvement for the state or any political subdivision, municipal corporation or other governmental unit thereof shall employ only Missouri laborers and laborers from nonrestrictive states on such project or improvement, and every contract let by any such person shall contain a provision rgquiring that such labor be used, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the contractor and approved by the contracting officer. (L. 1993 H.B. 416 &417§ 3) Law not to apply to certain personnel. 290.565. The provisions of sections 290.550 to 290.580 shall not apply to regularly employed nonresident executive, supervisory or technical personnel. (L. 1993 H.B. 416 & 417 § 4) Federal projects, statutes not enforced, when. 290.5 70. In all contracts involving the expenditure of federal aid funds, sections 290.550 to 290.580 shall not be enforced in such manner as to conflict with any federal statutes or rules and regulations. (L. 1993 H.B. 416 & 417 § 5) Penalties for failure to use certain laborers, when. 290.575. Any person who knowingly fails to use Missouri laborers or laborers from nonrestrictive states as required in section 290.560 shall be guilty of an infraction. Each separate case of failure to use Missouri laborers or laborers from nonrestrictive states on such public works projects or improvements shall constitute a separate offense. (L. 1993 H.B. 416 & 417 § 6) Department to enforce law --injunctive relief, when. 290.580. Sections 290.550 to 290.580 shall be enforced by the department of labor and industrial relations, which, as represented by the attorney general, is empowered to sue for injunctive relief against the awarding of any contract or the continuation of any work under any contract for public works or improvements at a time when the provisions of sections 290.550 to 290.580 are not being met. (L, 1993 H.8.416 & 417 § 7) © Copyright Missouri General Assembly iil les( Rules of Department of Labor and Industrial Relations Division 30 —Division of Labor Standards Chapter 3 —Prevailing Wage Law Rules Title 8 CSR 30-3.010 8 CSR 30-3.020 8 CSR 30-3.030 8 CSR 30-3.040 8 CSR 30-3.050 8 CSR 30-3.060 Page Prevailing Wage Rates for Public Works Projects . . . . . . . . . . . . . . . . . . . . . .3 Definitions 3 Apprentices and Trainees _ . , , .. , , 4 Classifications of Construction Work 5 Posting of Prevailing Wage Rates .5 Occupational Titles of Work Descriptions . . . . . . , . . 6 MATT BLUNT (11/30/04) CODE OF STATE REGULATIONS Secretary of State 1 Chapter 3 -Prevailing Wage Law Rules 8 CSR 3Q-3 CSR Title S -DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Division 30 -Division of Labor Standards Chapter 3 -Prevailing Wage Law Rules 8 CSR 30-3.010 Prevailing Wage Rates for Public Works Projects PURPOSE: This rule sets forth prevailing wage requirements relative to work performed by workers on public funded projects. (1) All public bodies of Missouri contemplat- ing construction work must obtain from the department an annual wage order which sets forth the prevailing hourly rate of wages in the locality. The rates so determined shall be incorporated in the contract specifications and made a part of those specifications, except that construction contracts of the State Highway and Transportation Commission need not list specific wage rates to apply, but may refer to the wage rates contained in the appropriate General Wage Orders issued by the department. as applicable. (2) Request for annual wage orders shall be initiated at least ten (10) calendar days before advertisement of the specifications for the contract for which the determination is sought. An exception from this provision will be made by the department only upon a prop- er showing of extenuating circumstances. The department has prepared and printed Form No. PW-3 for use in making a request. The form may be secured by writing Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102. (3) A project notification form PW-2 must be filed for each separate project by the public body, except the State Highways and Transportation Commission, which will be furnished prevailing wage determinations under General Wage Orders. (4) The annual wage order issued by the department contains the current wage rates prevailing in the locality at the time the annu- al wage order is issued. Hours worked during the calendar year are used to set the prevail- ing wage rates in the annual wage order issued in March of the following year. Section 290.262.9, RSMo provides that the annual wage order for a particular occupational title may be altered once each year with an incre- mental increase. A public body shall specify in the call for bids for each contract the pre- vailing hourly rate of wages in the locality for each type of worker as set forth in the annu- al wage order or any replacement page(s) identifying the annual incremental increase issued by the department. The wage rates attached to and made a part of the call for bids for a contract shall remain in effect for the duration of that particular contract. (5) It should be understood by all interested parties that the certified prevailing wage rates determined by the department are minimum wage rates. The contractor may not pay less than the prevailing wage rates determined by the department for the project or contract awarded to him/her as set forth in the pro- posal on which s/he submitted his/her bid. Employees are free to bargain for a higher rate of pay and employers are free to pay a higher rate of pay. (6) Each month the successful bid contrac- tors shall submit certified copies of their cur- rent payrolls to the contracting public body. The public body, upon receipt of the payrolls on a project, shall keep the payrolls on file for a period of one (1) year from the date of submission of the final payrolls by the con- tractor. The payroll records shall set out accurately and completely the following: name and address of each worker, the class or type of worker, rate of pay, daily and weekly number of hours worked for each class or type of work performed, deduction made, and actual wages paid for each class or type of work performed by each worker. The pay- roll records shall be available at all times for inspection by authorized representatives of the Department of Labor and Industrial Relations. (7) The public body shall make examinations of the payrolls and other records of each con- tractor or subcontractor as may be necessary to assure compliance with the provisions of the law. In connection with those examina- tions, particular attention should be given to the correctness of classifications and any dis- proportionate employment of any workers. The examinations shall be of a frequency that may be necessary to assure conformity with the provisions of the law. An examination shall be made after the project has been sub- stantially completed but prior to the accep- tance of the affidavit as required by section 290.290, RSMo. If any violation of sections 290.210-290.580, RSMo is discovered by the inspecting public body, it is their duty under section 290.250, RSMo to withhold and retain from payments to the contractor all sums and amounts due and owing as a result of any violation. Any violation shall be immediately reported to the Division of Labor Standards at P.O. Box 449, Jefferson City, MO 65102 or by telephone. AUTHORITY,' section 290.240(2), RSMo 2000.* Original rule filed Dec, 18, 1975, effective Dec. 28, 1975. Amended: Filed July 24, 1984, effective Nov 11, 1984. Amended: Filed Aug. 24, 1990, effective April 29, 1991. Emergency amendment filed Sept. 15, 1994, effective Sept. 25, 1994, expired Jan. 13, 1995. Emergency amendment fried Dec. 9, 1994, effective Jan. 14, 1995, expired May 13, 1995. Emergency amendment filed May 1, 1995, effective May 14, 1995, expired Sept. 10, 1995. Amended: Filed May 1, 1995, effective Aug. 30, 1995. Amended: Piled July 17, 1995, effective Jan. 30, 1996. Amended: Filed March 27, 2000, effective Oct. 30, 2000. Amended: Filed Nov. 9, 2000, effective May 30, 2001. *Original arahorirv: 290.240, RSMo 1957, amended 1969. 1{bodrnan Engineering Company v. Butler, 442 SW2d 83 (Mo. App. 1969). The function of reviewing court in prevailing wage cases is to decide if the determination of the commis- sion was authorized by law and was support- ed by competent and substantial evidence upon the whole record. A decision clearly contrary to the evidence should be set aside. However, all pertinent evidence and factors must be considered in determining the appli- cable prevailing wage. City of Joplin it Industrial Commission of Missouri, 329 SW2d 687 (Mo. En Banc 1959). Administrative agencies do not have authority to determine constitutionality of legislation. Determination of prevailing wage earnings by commission must be based upon all current relevant factors. 8 CSR 30-3.020 Definitions PURPOSE: This rule sets forth the definition of certain terms for purposes of issuance and use of annual and general wage orders under the Prevailing Wage Law, sections 290.210- 290.580, RSMo and the rules in this chapter. (1) The term construction of public works generally includes construction activity as distinguished from manufacturing, furnishing of materials or servicing and maintenance work. The term includes, without limitation, the construction of buildings, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, MATT BLUNT (11/30/04) Secretary of State CODE OF STATE REGULATIONS 3 CSR 8 CSR 3o-3-DINDUSEPARTMENTTRIAL OFRELATIONS LABOR AND Division 30 —Division of Labor Standards airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, canals, dredging, shoring, rehabilita- tion and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping. The manufacture or furnishing of materials, articles, supplies or equipment is not construction of public works within the meaning of the Prevailing Wage Law unless conducted in connection with and at the site of construction. The term construction of public works also means all work done in the construction or development of a public works project, including without limitation, altering, remodeling, demolishing existing structures, installation on the site of the con- struction of items fabricated off -site, painting and decorating, the transporting of materials and supplies to or from the site of the con- struction by the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the construction by persons employed by the contractor or subcontractor. (2) The term site of the building or construc- tion job means the physical place(s) where the public works are to be constructed, and also means other adjacent or nearby property used by the contractor or subcontractor in that construction which can reasonably be said to be included in the site. Except as oth- erwise provided in this section, fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards and the like, are part of the site of the building or con- struction job provided they are dedicated in a substantial degree to the performance of the public works project, and are so located in proximity to the actual construction location that it would be reasonable to include them. The dedication of seventy-five percent (75%) or more of the output of a fabrication plant, batch plant and the like, to the public works project raises a rebuttable presumption that the facility is part of the site of the building or construction job. The presumption may be rebutted by evidence showing that the facility was established for other legitimate commer- ,_cial,purposes that make the facility useful well after the;,public.works. project has. been completed. Not included in the site of the building or construction job are permanent home offices, branch plant establishments, fabrication plants and tool yards of a contrac- tor or subcontractor whose location and con- tinuance in operation are determined wholly without regard to a particular public works project. In addition, fabrication plants, batch plants, borrow pits,' job headquarters, tool yards and the like, of a commercial supplier or materialman which are established by a supplier of materials for the project before opening of bids and not on the project site are not included in the site of the building or con- struction job. The permanent, previously established facilities are not a part of the site of the building or construction job, even where the operations for a period of time may be dedicated exclusively, or nearly so, to the performance of a public works project. AUTHORITY. section 290.240, RSMo 1994.* Original rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. *Original authority: 290.240. RSMo 1957. amended 1959. S CSR 30-3.030 Apprentices and Trainees PURPOSE: This rule sets forth the require- ments for the payment of apprentice wages for workers employed on public works subject to the Prevailing Wage Law. PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorpo- rated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorpo- rated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency's headquarters or the same will be made available at the Office of the Secretary of State at a cost no to exceed actual cost of copy reproduction. The entire text r f the rule is printed here. This not refers only to the incorporated by reference materi- al. (1) Journeymen's rate of pay shall be paid to all workers employed on public works con- struction except apprentices and trainees reg- istered and participating in apprentice or trainee programs registered with the United States Department of Labor, Bureau of Apprenticeship and Training; and apprentices and trainees registered and participating in apprenticeship and skill training programs certified by the Secretary of the United States Department of Transportation as promoting equal opportunity in connection with feder- al -aid highway construction programs. (2) Apprentices shall be permitted to work at less than the predetermined rate for the class or type of work they performed when they are employed pursuant to and individually regis- tered in a bona fide apprenticeship program registered with the United States Department of Labor, Employment and 'raining Admin- istration, Bureau of Apprenticeship and Training. The allowable ratio of apprentice- ship to journeymen on the site of the con- struction for any class or type of workers shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on the payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this rule, shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. In addition, those apprentices performing work on the site of the construction who are in excess of the ratio 'permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. Every apprentice shall be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate for the class or type of worker specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program does not specify fringe benefits, apprentices shall be paid the full amount of fringe benefits listed on the wage determination for the applicable class or type of work performed. In the event the Bureau of Apprenticeship and Training withdraws approval of an apprenticeship pro- gram, the contractor shall no longer be per- mitted to utilize apprentices at less than the applicable predetermined rate for the class or type of work performed until an acceptable program is approved. (3) Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the appli- cable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program, If the trainee program does not mention fringe ben- efits, trainees shall be paid the full amount of 4 CODE OF STATE REGULATIONS (11130104) MATT BLUNT Secretary of State Chapter 3 —Prevailing Wage Law Rules 8 CSR 30.3\ CSR fringe benefits listed in the annual wage order for the applicable class or type of work performed, Any employee listed on the pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the annual wage order for the classi- fication of work actually performed. In addi- tion, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (4) Workers employed on federal -aid highway construction projects may be paid at an apprentice or trainee rate of pay if enrolled in an apprenticeship or skill training program which has been certified by the Secretary of the United States Department of Transporta- tion pursuant to 23 U.S.C. 113. In the event the Secretary of Transportation withdraws approval of a program, the contractor will no longer be permitted to pay workers less than the applicable predetermined rate for the work performed until an acceptable program is approved. AUTHORITY section 290.240, RSMo 1994.* Original rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17, .1995, effective Jan. 30, 1996. *Original authority: 290240, RSMo 1957, amended 1969. 8 CSR 30-3.040 Classifications of Con- struction Work PURPOSE: The Department of Labor and Industrial Relations has the responsibility under section 290.260, RSMo to determine the prevailing hourly rate of wages to be paid to workers engaged in work ofn similar char- acter. This rule establishes classifications of construction work for the department to use in determining the prevailing hourly rate of wages for work of a similar character. (1) All public works construction, for which the prevailing hourly rate of wages of workers are to be determined, shall be classified as either — (A) Building construction; or (B) Highway and heavy construction. (2) Building construction shall mean the fol- lowing: (A) Building structures, including modifi- cation, additions or repairs, or both, to be used for shelter, protection, comfort, conve- nience, entertainment or recreation, or for protection of people or equipment; (B) Buildings at an airport project, such as terminal buildings, freight buildings and any other construction necessary for the operation of the airport facilities; (C) Stadiums, athletic fields, dressing rooms, bleachers and all other buildings needed in connection with an athletic or entertainment facility; (D) Entire buildings that are built above- ground in connection with highway, subway or tunnel projects, such as tool stations or housing for mechanical equipment; (E) Excavation for the building itself, including backfilIing inside and outside the building; (F) Storm and sanitary sewers inside the building and to the curb line; (G) Work in connection with telephone, electrical, water, oil, gas or fuel lines, or other utility or communication lines inside a building and to the curb line; (H) Sidewalks other than those that are poured in connection with a street or road project; (1) Driveways that are built to serve a building; (I) Parking lots connected to a building and all structures built as parking facilities; (K) Retaining walls built in conjunction with a building project; (L) Demolition of a building(s) as part of the site preparation for new building con- struction; (M) Landscaping of building sites or the planting of all shrubbery that is incidental to building construction as defined in section (2); and (N) Work on water and wastewater treat- ment plants within the fence line. (3) Highway and heavy construction shall mean the following: (A) Work in connection with roads, streets, parkways, alleys and highways including,.hut not limited to, grading,, paving, curbing, signs, fences, guard rails, bridges, lighting, retaining walls and landscaping; (B) Work on viaducts, overpasses, under- passes, drainage projects, aqueducts, irriga- tion projects, flood control projects, reclama- tion projects, reservoir filtration and supply projects, water power, duct lines, distribution lines, pipe lines, locks, dikes, levees, revet- ments projects, excluding work specifically defined as building construction; (C) Work in connection with underground construction on tunnels and shafts; (D) Railroad work in its entirety, including elevated railroads; (E) Main and side sewers; (F) Work in connection with airports, such as runways, roads and streets, but excluding that which is listed as building construction; (G) Work in connection with telephone, electrical, water, oil, gas or fuel lines, or any other utility or communication lines from the curb line; (H) Sidewalks when poured incidental to a street or road project; (I) Parking lots not incidental to a building construction project; and (J) Demolition of all buildings as part of site preparation for any highway and heavy construction as is otherwise defined in sec- tion (3). AUTHORITY: section 290.240, RSMo 1994.* Original rule fled Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17, 1995, effective Jan. 30, 1996. *Original authority: 290.240, RSMo 1957, amended 1969. 8 CSR 30-3.050 Posting of Prevailing Wage Rates PURPOSE: This rule sets forth the require- ments for the posting of prevailing wage rates on public works projects subject to the Prevailing Wage Law. (1) Contractors and subcontractors engaged in public works projects shall post the pre- vailing hourly rate of wages in a dry, accessi- ble place within the field office at the site of the building or construction job. On public works projects for which no field office is needed or established, such as road construc- tion, sewer lines, pipelines and the like, a contractor/subcontractor may post the peril- ing hourly rates of wages at the con- tractor/subcontractor's local office or batch plant, so long as the contractor/subcontractor provides a copy of the prevailing hourly wage rates to any worker upon request. Pre iailifte"' hourly wage rates must be posted and main- tained in a clearly legible condition for the duration of the public works project as pro- vided by law. AUTHORITY section 290.240, RSMo 1986.* Original rule filed Aug. 24, 1990, effective April 29, 1991. *Original authority: 290.240. RSMo 1957, amenried 1969. M ATT BLUNT (11130104) CODE OF STATE REGULATIONS Secretary of State CU\5) 8 CSR 30.3-DINDUSEPARTMENTTRIAL OFRELATIONS LABOR AND S CSR 30-3.060 Occupational Titles of Work Descriptions PURPOSE: The Department of Labor and industrial Relations is required to determine the prevailing hourly rate of wages to be paid to each worker engaged in construction on a public works project, relative to the type of work performed by each worker. This rule describes by occupational title the type of work performed in the construction of a pub- lic works project in Missouri and sets forth the procedures to be followed in identifying each occupational title utilized on a public works project. (1) Each occupational title defines by name the type of work performed in the construc- tion of a public works project. The descrip- tion of work designated for a particular occu- pational title is not intended to be jurisdic- tional in scope or nature, and is not to be con- strued as limiting or prohibiting workers from engaging in construction work falling within several occupational titles. (2) Each occupational title of work descrip- tion shall be based upon the particular nature of the work performed, with consideration given to those trades, occupations or work generally considered within the construction industry as constituting a distinct classifica- tion of work. In determining occupational titles and scope of work definitions, the department shall consider the following: (A) Collective bargaining agreements; (B) Dictionary of Occupational Titles, as published by the United States Department of Labor; and (C) Opinions of experts from organized labor and the opinions of contractors and contractor associations as they relate to the custom and usage applicable to the construc- tion industry in Missouri. (3) Any person wishing to add, delete or modify an occupational title of work descrip- tion shall submit to the director of the Division of Labor Standards a written request containing the proposed changes. Proposals shall contain the following information: (A) Occupational title; (B) A description of the physical duties to be performed by workers under the title; (C) A copy of any current collective bar- gaining agreements that are relevant to the proposal, if any; (D) Evidence of hours worked and wages paid while performing work under the title, including fringe benefits paid, if any; (E) Identification of the county(ies) where the work was performed; Division 30 —Division of Labor Standards (F) Evidence that the proposed occupation- al title of work description is for a type or class of work that is commonly utilized by the construction industry on building or heavy and highway, construction projects in Missouri; and (G) Other information concerning the pro- posed addition, deletion or modification as the director of the Division of Labor Standards may deem advisable under the cir- cumstances. (4) Interested parties who wish to submit wage information to be used in establishing the prevailing hourly rate of wages for a par- ticular class or type of work are required to identify the work according to the applicable occupational title of work description set forth in this rule. Hours of work reported to the department shall not be used to establish the prevailing hourly rate of wages if the party submitting the hours of work fails to identify the work under one of the occupa- tional titles recognized by this rule. (5) Any question as to the proper classifica- tion of work should be resolved before the work in question is commenced. Interested parties are encouraged to contact the Prevailing Wage Section of the Division of Labor Standards for an interpretation of these rules and for a determination of the appropri- ate occupational title of work description, rel- ative to the class or type of work to be per- formed. (6) The occupational titles and work descrip- tions for each type or class of work contained herein are valid throughout the entire state of Missouri. Through an objection to a wage order, an interested party may assert that any given description of work, as stated within this rule, does not apply to a specific occupa- tional title(s) and that a different work description should apply to that occupational title(s). The interested party shall have a the burden of proving by a preponderance of the evidence the inapplicability of the description of work within that particular occupational title, but shall be afforded the opportunity to do so in a hearing onan objection to the wage order before. the Labor and Industrial Relations Commission. (7) Occupational titles of work descriptions may be obtained from the department by written request to the director of the Division of Labor Standards, PO Box 449, Jefferson City, MO 65102. (8) The occupational titles of work descrip- tions set forth here are as follows: (A) Asbestos Worker/Heat and Frost Insulator —Applies to workers who apply insulation materials to mechanical systems to reduce loss or absorption of heat, prevent moisture condensation and to deaden sound and prevent vibration. The workers remove all insulation materials from mechanical sys- tems unless the mechanical system is being scrapped. The work falling within this occu- pational title of work description includes: 1. The preparation, including the build- ing of enclosures and hanging polyurethane, and physical distribution on the job site of asbestos, cork, plastic, magnesia or similar materials, or other materials used as a substi- tute, and used as thermal insulation. The manufacture, fabrication, assembling, mold- ing, handling, erection, spraying, pouring, making, hanging, application, adjusting, alteration, repairing, dismantling, recondi- tioning, corrosion control and testing of heat or frost insulation, such as asbestos, cork, mineral wall, infusorial earth, mercerized silk, flax, fiber, fire felt, asbestos paper, asbestos curtain, asbestos millboard, fibrous glass, foam glass, styrofoam, polyurethane, polystyrene, metals, plastics, fibrous matter, roving and resins, and the erection of scaf- folding up to fourteen feet (14'), working platform; 2. The covering, including encapsula- tion, of boilers, tanks, refrigeration units, evaporators, turbines, fittings, valves, ducts, flues, vats, equipment, hot and cold pipes or any other hot or cold surfaces with the insu- lation materials listed in this rule, used for the purpose of thermal insulation, fire stop- page, fireproofing, radiator protection, sound deadeners and the lagging (covering) on pip- ing; and 3. The removal of all insulation materi- als from mechanical systems, unless the mechanical system is being scrapped, whether they contain asbestos or not (pipes, boilers, ducts, flues, breechings). All cleanup required in connection with this work, shall include the sealing, labeling and dropping of scrap material into the appropriate contain- ers. (After drop, final disposal is considered to be the class or type of work falling within the occupational titre.of work description for second semiskilled laborer.); (B) Boilermaker —Applies to workers who assemble, erect and repair boilers, tanks, vats and pressure vessels according to blueprint specifications, using handtools, portable power tools and equipment. The work falling within this occupational title of work descrip- tion includes: 1. Locating and marking of reference points for columns on plates or foundations, CODE OF STATE REGULATIONS 171130!04} M ATr BLUNT Secretary of State Chapter 3 —Prevailing Wage Law Rules 8 CSR 3Q-3 CSR using master straightedge, squares, transit and measuring tape; 2. Using rigging or cranes to lift parts to specified positions; 3. Aligning structures or plate sections, using plumb bobs, levels, wedges, dogs or turnbuckles; 4. Drilling, reaming, chipping, caulking and grinding of structures and sections and bolting or welding them together; 5. Setting of drums and headers and installation of tubes; 6. Cleaning up as necessary in connec- tion with this work; and 7. Riveting, acetylene burning, rigging, fitting -up, impact machine operating, unload- ing and handling of material and equipment where power equipment and rigging are required; (C) Bricklayers and Stone Mason —Applies to workers who prepare, lay, set, bed, point, patch, grout, caulk, cut, fit, plumb, align, level, anchor, bolt or weld brick, stone masonry, precast aggregate panels and all types of artificial or imitation masonry. Also, the workers install expansion joint materials in brick, stone masonry, precast aggregate panels and all types of artificial or imitation masonry. The work falling within this occu- pational title of work description includes: 1. The unloading of brick, stone mason- ry, precast aggregate panels and all types of artificial or imitation masonry where power equipment and rigging are required; 2. The masonry paving and rip -rapping of all types, with or without mortar; 3. The reinforcing of masonry, including placing, tying and setting of rods; 4. The application of insulation materi- als in or to masonry walls; 5. The caulking of abutting masonry openings in masonry ovalls, expansion joints and false joints in all types of masonry; 6. The waterproofing of all types of masonry; and 7. The cleaning, tuckpointing, sand- blasting, steam cleaning and Gunite work on all types of masonry; (D) Carpenter —Applies to workers who construct, erect, install -and repair structures,. structuralmembers and fixtures made of wood, plywood, wallboard and materials that take the place of wood, such as plastic, met- als, composites, fiberglass, and Transit sheet- ing and Cemesto Board, using carpenter hand tools and power tools. The work falling with- in this occupational title of work description includes: 1. The layout of buildings or structures on the site or plot. The installation of alu- minum expansion joints for buildings and bridge structure as well as concrete strike -off machines; 2. The making and setting of all con- crete forms (except curb forms on heavy con- struction), including establishment of build- ing lines or flow lines (box culverts, bridges) including footing forms. The making of ail forms used in tilt -up construction. The lay- out, installation and construction for wall forms and footing forms, all block -outs, wood or steel, layout and installation of all embed- ded items; 3. The building and handling of scaf- folds used by carpenters to work from. All scaffolding, constructed or assembled, four- teen feet six inches (14'6") and higher for normal or specialty use —regardless of pur- pose; 4. The building of rough wooden struc- tures, such as concrete forms, scaffolds, wooden bridges, trestles, coffer dams, tunnel and sewer support; welding and burning; 5. The selection of specified type of lumber or other materials. Prepare layout, using rule, framing square and calipers. Mark cutting and assembling lines on materials, using pencil, chalk and marking gauge. Shape materials to prescribed measurements, using saws, chisels and planes. Assemble, cut and shape materials and fasten them together with nails, dowel pins or glue. Erect frame- work for structures. Verify trueness of struc- ture with plumb bob and carpenter's level. Apply decorative paneling to walls; 6. The installation of ladders, handrails, walkways, platforms and gangways made of wood as well as shoring and lagging. Install doors and wood and metal windows and bucks, including hardware (bucks are rough frames in which finished frames are inserted) in building framework and brace them with boards nailed to framework. Install pallet racks and metal shelving. Install subflooring in buildings. Install insulation such as batt, board, safing, thermal, styrofoam, sound attenuation, fiberglass when the installation of the insulation material is not being applied as an integral part of the roofing system. Nail plaster grounds (wood or metal strips) to studding. Fit and nail sheathing on outer —walls- and roofs on buildings. Install beams `and trusses of wood laminate; • 7. The making, handling and setting of all frames, sash, blinds, trim and other fix- tures (for example, cabinets, bookcases and benches), when made of wood or any wood substitute. The handling and assembly of chairs, seats, bleachers and benches and other furniture in theaters, halls, schools and other places of assemblage on floors of any kind. Install protection screens, chalk boards, toilet partitions (plastic laminate, solid plas- tic). Caulking of fixtures and countertops including Corian tub and shower enclosures; B. The installation of wood and metal studs and exterior panels; 9. The handling, cutting, sawing, fitting of drywall (sheetrock) and lead -lined drywall whether for walls, ceilings, floors, soffits or any use, no matter how installed —nailed, screwed, glued or otherwise (interior, exteri- or). Lead -lined drywall is used in X rays to avoid radiation exposure. Install corner guards and wooden and plastic column cov- ers; 10. The handling and installation of acoustical and egg crate ceiling systems in its entirety (hanger wire, grid, molding, tile) whether vertically or horizontally installed; 11. The installation of all builders hard- ware, including door tracks of every descrip- tion. The installation of all weather strips. The making, fitting and hanging of fly screens for doors, windows and other open- ings; 12. Installation of wood and hollow metal doors, rollup garage doors, overhead doors or rolling fire doors, automatic doors, channel iron door bucks, glass sliding and bi-fold doors; and 13. The installation of access flooring, computer floors and raised or elevated floors. Install modular headwall units and laboratory casework and fume hoods; (E) Cement Mason —Applies to workers who perform work on concrete where finish- ing tools are used. The work falling within this occupational title of work description includes: 1. The setting of screeds, the rodding (buildings), shaping, smoothing and finishing of the surfaces of freshly poured concrete floors, walls, sidewalks, curbs, steps and stairways, the finishing of extruded barrier rails or any other concrete surface requiring finishing, using handtools or power tools, including floats, trowels, screeds and straight- edge; 2. The removing of rough or defective spots from concrete surfaces, using grinder or chisel and hammer and patching holes with fresh concrete or epoxy compound preparatory to sacking; 3. The molding of expansion joints and edges, using edging tools, jointers and straightedge; 4. The application of penetrating sealer and primer protective coatings to concrete floors and steps when part of the finishing process; 5. The installation of seamless composi- tion floors and the installation and finishing of epoxy -based coatings or polyester -based M ATT SLANT (11/30/04) CODE OF STATE REGUtAl1ONS 7 Secretary of State 8 CSR 3D-3-DEPARTMENTINDUSTRIAL OFRELALABOR AND )0S11 linings to all surfaces, when the coatings or linings are applied by spraying or troweling; 6. The sandblasting or water blasting for architectural finish or preparatory to patch- ing; 7. The cutting of joints with concrete saw for the control of cracks in buildings and sidewalks, driveways, and curbs and gutters contiguous to buildings; and S. The setting of concrete curb, gutter and sidewalk forms one (I) board high up to twelve inches (12"); (F) Communication (Electronic/Telecom- munication) Technician —Applies to workers who install, inspect, repair and service elec- tronic and telecommunication systems, The work falling within the occupational title of Communication (Electronic/Telecommuni- cation) Technician includes: 1. Installing, repairing and servicing of radio, television and recording systems and devices; systems for paging, intercommunica- tion, public address, wired music, clocks, security and surveillance systems and mobile radio systems; fire alarm and burglar alarm systems; 2. Wiring of low -voltage surface wiring and wiring in nonmetallic conduits and inci- dental shielded metallic conduit runs of no longer than ten feet (10') nor larger than one inch (I") when required in conjunction with the work listed in this rule; 3. Installing, repairing, servicing, or a combination of these, of the Main Distri- bution Frame (MDF) where the permanent outside lines entering a building terminate and where the subscriber's line multiple cabling and trunk multiple cabling originate. It is usually located on the ground floor of a building; 4. Installing, repairing, servicing, or a combination of these, of the Intermediate Distribution Frames (IDF), which provides flexibility in allocating the subscriber's num- ber to the line unit or equipment in the office that is to be associated with theparticular line. These frames are located on each floor of a building; 5. Installing, repairing, servicing, or a combination of these, of the subpanels (blocks), ._The_ subpanels are connecting devices where large feed cables terminate at the distribution frames; 6. Installing, repairing common equip- ment or key service unit, or a combination of these. This equipment consists of a back- board assembly and an equipment mounting frame, which are utilized for connecting external telephones; 7. Installing, repairing, servicing of the instruments, terminals and sets, or a combi- nation of these. This equipment is at either end of a circuit, or at a subscriber's or user's terminal; 8. Installing, repairing, servicing, or a combination of these, of the ancillary or .add-on equipment such as bells, buzzers, speakerphones, headsets, automatic dialers, recorders; and 9. Installing, repairing, servicing of the telephone cable, or a combination of these. Telephone cable includes: network channel service cable; riser cables between floors of a building; distribution cables installed on each floor of a building in the floor or the ceiling, and inside wires between the telephone and the connection to the distribution cable; (G) Electrician —Encompasses two (2) sub- classifications as follows, Inside Wiseman and Outside -Line Construction/Lineman: 1. Inside wireman—Applies to workers who are responsible for installation, assem- bly, construction, inspection, operation and repair of all electrical work within the prop- erty lines of any given property (manufactur- ing plants, commercial buildings, schools, hospitals, power plants, parking lots). This scope of work shall begin at the secondary site of the transformer when the transformer is furnished by the local utility and the ser- vice conductors are installed underground. When service conductors are installed over- head in open air from wooden poles, this scope of work shall start immediately after the first point of attachment to the buildings or structures. The work falling within this occupational title of work description includes: A. Planning and layout of electrical systems that provide power and lighting in all structures. This includes cathodic protection systems utilized to protect structural steel in buildings and parking structures; B. All handling, moving, loading and unloading of any electrical materials, materi- als used in association with an electrical sys- tem, electrical equipment, and electrical apparatus on the job site, whether by hand or where power equipment and rigging are required; C. Welding, burning, brazing, bend- ing, drilling and shaping of all copper, silver, aluminum, angle iron and brackets to be used in connection with the installation and erec- tion of electrical wiring and equipment; D. Measuring, cutting, bending, threading, forming, assembling and installing of all electrical raceways (conduit, wireways, cable trays), using tools, such as hacksaw, pipe threader, power saw and conduit bender; E. Installing wire in raceways (con- duit, wireways, troughs, cable trays). This wire may be service conductors, feeder Division 30 —Division of Labor Standards wiring, subfeeder wiring, branch circuit wiring; F. Chasing and channeling necessary to complete any electrical work, including the fabrication and installation of duct banks and manholes incidental to electrical, electronic, data, fiber optic and telecommunication installation; G. Splicing wires by stripping insula- tion from terminal leads with knife or pliers, twisting or soldering wires together and applying tape or terminal caps; H. Installing and modifying of light- ing fixtures. This includes athletic field light- ing when installed on stadium structures or supports other than wooden poles, or both; I. Installing and modifying of all elec- trical/fiber optic equipment (AC -DC motors, variable frequency drives, transformers, reac- tors, capacitors, motor generators, emergency generators, UPS equipment, data processing systems, and annunciator systems where sound is not a part thereof); I. Installing of raceway systems utiliz- ing conduit, conduit bodies, junction boxes, device boxes for switches and receptacles. This also may include wiring systems utiliz- ing other methods and materials approved by the National Electrical Code (MC cable, AC cable, BX or flexible metal tubing or electri- cal nonmetallic tubing); K. Installing of main service equip- ment, distribution panels, subpanels, branch circuit panels, motor starters, disconnect switches and all other related items; L. Installing and wiring of instrumen- tation and control devices as they pertain to heating, ventilating, air conditioning (HVAC) temperature control and energy management systems, building automation systems, and electrically or fiber optic operated fire/smoke detection systems where other building func- tions or systems are controlled; M. Installing conduit or other race- way greater than ten feet (10') when used for the following: fire alarm systems, security systems, sound systems, closed circuit televi- sion systems or cable television systems, or any system requiring mechanical protection or metallic shielding (telephone systems); N. Testing continuity of circuit to insure electrical compatibility and safety of components. This includes installation, inspecting and testing of all grounding sys- tems including those systems designed for lighting protection; and O. Removing electrical systems, fix- tures, conduit, wiring, equipment, equipment supports or materials involved in the trans- mission and distribution of electricity within the parameters of the building property line if reuse of any of the existing electrical system ll CODE OF STATE REGULATIONS {11130104) MArr BLUNT Secretary of State Chapter 3 —Prevailing Wage Law Rules 8 CSR 30-3 is required. This may include the demolition and removal and disposal of the electrical sys- tem; 2. Outside -line construction/lineman— Applies to workers who erect and repair transmission poles (whether built of wood, metal or other material), fabricated metal transmission towers, outdoor substations, switch racks, or similar electrical structures, electric cables and related auxiliary equip- ment for high -voltage transmission and distri- bution powerlines used to conduct energy between generating stations, substations and consumers. The work (overhead and under- ground) falling within this occupational title of work description includes: A. Construction, repair or disman- tling of all overhead and underground electri- cal installations. The handling and operation of all equipment used to transport men, tools and materials to and from the job site. The framing, trenching, digging and backfilling of vaults, holes and poles and anchors (by hand or mechanical equipment), guying, fastening to the stub -in on concrete footings or pads, assembling of the grillage, grounding of all structures, stringing overhead wire, installing underground wire, splicing and installation of transformers; B. Construction and repair of highway and street lighting and traffic signal systems, cathodic protection systems and ball field lighting systems; C. Lineman operator —Operates equipment used on the outside line portion of a project. The lineman operator assists line- men in the performance of their work but does not climb or work out of any type of aerial lift equipment. The lineman operator does not perform any work that requires the use of hand tools; and D. Groundman—Work performed on the ground to assist the journeymen outside - line construction/lineman on work not ener- gized. Groundmen use jack hammers, air drills, shovels, picks, tamps, trenching equip- ment and other such tools for excavating and/or compacting dirt or rock on the outside line portion of a project but do not use hand tools; and 3. The occupational title of electrician may include -in a particular wage determina- tion the subclassifications of lineman opera- tor, groundman powder man, groundman, or any combination of these, pursuant to section (6). The description of work and correspond- ing wage rates shall be established pursuant to the proceedings set forth in section (6); (H) Elevator Constructor —Applies to workers who assemble and install electric and hydraulic freight and passenger elevators, escalators, dumbwaiters and moving walks. The work falling within this occupational title of work description includes: 1. The handling, unloading and hoisting of all equipment to be assembled or installed by workers performing work within this occu- pational title of work description, from the time that equipment arrives at, or near the building site; 2. The wrecking or dismantling of ele- vator plants, to include elevators, escalators, dumbwaiters, moving walks and all other equipment to be reused and assembled or installed by workers performing work within this occupational title of work description; 3. The sinking, drilling, boring, digging cylinder wells or backfilling for hydraulic lifts, hydraulic elevators or screw lifts; 4, The layout, erecting and assembling of all elevator equipment (for example, elec- tric, hydraulic, steam, belt, compressed air and handpowered elevators; dumbwaiters, residence elevators, parking garage eleva- tors); and the assembly of all escalators, moving walks and link belt carriers; 5. The erecting and assembly of all the- ater stage and curtain equipment and guides and rigging to them, organ consoles and orchestra elevators; 6. The installing of all wiring, conduit and raceways from the first point of attach- ment of main feeder terminals on the con- troller to other apparatus and operating cir- cuits; 7. The operating of temporary cars; and 8. The installing of all elevator enclo- sures, fronts, fascias, sills, frames and bucks; (I) Glazier —Applies to workers who select, cut, prepare, handle, install or remove all window glass, plate and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, safety or pro- tection glass, all types of insulating glass units, all plastics or other similar materials when used in place of glass and when set or glazed with putty, moulding rubber, cement, lead and all types of mastic, or other materi- als used in place of same. The workers per- forming work within this occupational title of work description install these materials in windows, louvers, doors, partitions, skylights and on building fronts, walls, ceilings and tables, whether_ the materials are set in wood, stone, cement or metal of all types. The work falling within the occupational title of work description includes; 1. The installing of mirrors of all types; 2. The marking of an outline or pattern on glass and cut glass with a glasscutter; 3. The breaking off of excess glass by hand or with a notched tool; 4. The fastening of glass panes into wood sash with glazier's points, and the CSR spreading smooth of putty around the edge of panes with a knife to seal joints; 5. The installing of metal window and door frames into which glass panels are to be fitted or sliding windows. The bolting of metal hinges, handles, locks and other hard- ware to prefabricated glass doors; 6. The installing of mirror or structural glass on building fronts, walls, ceilings or tables, using mastic, screws or decorative moulding; 7. The installing of metal -framed glass enclosures for showers, bathtubs and sky- lights; and 8. The installing, cutting and removal of all window glass, plate and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, safety or pro- tection glass, all types of insulating glass units, all plastics or other similar materials when used in place of glass and when set or glazed with putty, molding rubber, cement, lead and all types of mastic, or other materi- als used in place of same; (J) Ironworker —Applies to workers who perform work in connection with field fabri- cation, erection, or both, installation, removal, wrecking and dismantling of struc- tural, architectural and reinforcing iron and steel, ornamental lead, bronze, brass, copper and aluminum, and plastics or other materi- als when used in place of them, The work falling within the occupational title of work description includes: 1. Structural. The unloading, erecting, bolting -up, plumbing -up, welding and in- stalling of structural steel, including any field fabrication; 2. Reinforcing. The unloading, carry- ing, placing and tying of all concrete rein- forcing, such as re -bar, wire mesh, expanded metal or post tensioning cable (including the tension process) or prestress cables when installed on the job site; 3. Rigging. The unloading, moving, handling, placing and setting of electrical machinery and equipment when rigging or power equipment, or both, is used (with the exception of setting of electric motors). The assembly and: erection of radio and television and other structural steel towers (with -the exception of electrical transmission towers). The unloading, handling, moving and placing of machinery to be assembled or dismantled, erected or installed to its approximate posi- tion (over the anchor bolts); 4. Windows. The installation of metal windows (with the exception of store fronts display windows), curtain walls and metal panels. The caulking of metal -to -metal joints and metal -to -brick; MATT BLUNT (11/30104) CODE OF STATE REGULATIONS B Secretary of Slate \ es 8 CSR 30 -3 -DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Division 3D —Division of Labor Standards 5. Doors. The erection of curtain type doors (overhead rolling -type doors), heavy industrial doors when made of metal, fire doors and exterior metal hinged doors that carry a fire underwriters label are erected by iron workers; 6. Sheeting and decking. The installa- tion of sheeting which is attached to metal framework including metal floor decking; 7. Metal buildings. The erection and installation of structural steel and sheet metal packaged buildings when they come in a package unit, such as Butler, Delta, Varco Prudent or other name brand packaged build- ings. The installation of all doors, windows and insulation (when installed in conjunction with sheeting) in the packaged buildings. The installation of metal siding and metal roof decking, regardless of the fastening method or the object to which it is fastened; 8. Elevators. The installation of elevator doors for gates manually operated and all ele- vator enclosures, fronts, fascias, sills, frames and bucks; 9. Precast. The unloading and installa- tion/erection of precast bridge girders, single T's, double T's, top panels and tilt -up slabs; and ]0. Other. The installation of all cat- walks, stairways and hand rails made of alu- minum, bronze or any type of metal, glass or plastic. The installation of ornamental iron, such as revolving doors, gates, handrails, window grills, jail and cell work and chain link fences. The installation of dry storage bins, hoppers, chutes and conveyors where sand ore, coal or any dry component is stored or transferred. The erection, installation, removal, wrecking and dismantling of bridges, viaducts, cableways, tramway, mono- rail transportation systems. The erection, installation, removal, wrecking and disman- tling of locks, gates, metal forms, railings (including pipe). The erection, installation, removal, wrecking and dismantling of frames in support of boilers. The installation of metal siding and metal roof decking, regard- less of the fastening method, or the object to which it is fastened. The handling, burning, welding and tying of all material& used to reinforce concrete structures. The installation and erection of TV and microwave towers, self-supporting towers or guy towers. The installation of metal guardrails with metal posts and highway signage; (K) Laborer —Consists of providing routine manual labor. This work encompasses sever- al subclassifications, with the title and work description considered in light of whether the public works project pertains to building con- struction or heavy/highway construction. 1. Building construction, The subtitles falling within the occupational title of work description for laborer, as applicable to build- ing construction, are as follows: A. General laborer. The work falling within this subtitle of work description includes: (I) Being included in one of the fol- lowing categories: flagmen, heaters, material plant man, carpenter tender, landscaper, sig- nalman, wrecker (old/new structures), form handler or posthole digger; (II) Cleaning and clearing of all debris for all' crafts, loading and unloading, conveying, distributing, construction materi- al by hand and collecting and hoisting debris, backfilling, grading and landscaping by hand; (III) Covering of tanks, structures and material piles with tarpaulins or other materials. Cleaning of masonry and other type walls and windows. Signaling and hoist- ing concrete buckets and for all other materi- al handled by workers falling within the occu- pational title of work description for laborer; (IV) Providing drinking water. Handling and cleaning of concrete chutes. Cleaning of concrete spills and chipping where hand tools are required. Performance of work necessary in remedying defects in concrete caused by leakage, bulging, sagging or shifting of forms when finishing tools are not used. Jackhammer and paving breaker, air compressors, motor buggies, pumps (removal of water), except set-up men and nozzle men, chipping tool operator, concrete mixer operator (up to and including two (2) -bag capacity); and (V) Laying nonpressurized pipe for downspout drain lines, header lines or laying of nonpressurized conduit, or a combination of these, for the carrying of storm water, waste, sewage, gravity flow lines, catch basins and manholes, effluent lines, originat- ing outside the building and ail those lines originating inside the building at the first Y, T or connection outside the building; B. First semiskill laborer. The work falling within this subtitle of work description includes: hod -carriers, plasterers and cement mason tenders (who assist-{bricldayers, plas rerers and cement masons). The eking, packing, wheeling and tempering of mortar and fire clay. The mixing, handling and con- veying of all other materials used by brick- layers, plasterers and cement masons (for example, brick, tile, stone and cast stone), whether done by hand or using a forklift (walk behind or similar types). Building of scaffolds, trestles, boxes and swinging stag- ing for bricklayers, plasterers and cement masons; and C. Second semiskill laborer. The work falling within this subtitle of work description includes: concrete pump set-up men and nozzle men, tile layers and bottom men, on sewers and drains, cutting torch and burning bar (demolition), trench or pier holes twelve feet (12') or over, wagon drill, air track or any mechanical drill, powder man, tamper, one hundred pounds (100 lbs.) or over, laborers working for mechanical and electric contractors (including but not limited to digging of all trenches, ditches, holes, paving of concrete and cleaning of all trash), paving breaker, jackhammer and vibrator, laser beam man for sewer, grade checker for roads and railroads, asbestos removal (except mechanical systems that are not being scrapped and any type of roofing where the roof is to be relaid), hazardous waste removal, disposal work, or any combination of these. 2. Heavy/highway construction. The subtitle falling within the occupational title of work description for laborer, as applicable to heavy/highway construction, are as follows: A. General laborer. The work falling within this subtitle of work description includes: carpenters tenders, salamander ten- ders, dump man, ticket takers, flagman, load- ing trucks under bins, hoppers and conveyors, track men, cement handler, dump man on earth fill, Georgia buggie man, material batch hopper man, spreader, on asphalt machine, material mixer man (except on man holes), coffer dams, riprap pavers —rock, block or brick, signal man for materials han- dled by laborers, scaffolds over ten feet (10') not self -supported from ground up, skipman on concrete paving, wire mesh setters on con- crete paving, work in connection with non - pressurized pipelines, such as nonpressured sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe, tile and duct lines and other nonpressurized pipelines; power tool operator; work performed by hand in connec- tion with hydraulic or general dredging oper- ations, form setters (curb and gutter), pud- dlers (paving only), straw blower nozzleman, asphalt plant platform man, chuck tender, crusher feeder, men handling creosote ties or 'creosote materials,- men working with and handling epoxy material(s), topper of stand- ing trees, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, guardrail and temporary signs, pile dike and revetment work, all laborers working on underground tunnels less than twenty-five feet (25') where compressed air is not used, abutment and pier hole men working six feet (6') or more below ground, men working in coffer dams for bridge piers and footings in the river, 10 CODE OF STATE REGULATIONS (11130104) MATT BLUNT Secretary of State Chapter 3 —Prevailing Wage Law Rules Barra tamper, Jackson or any other similar tamp, cutting torch man, liners, curb, gutters, ditchliners, hot mastic kettleman, hot tar applicator, hand blade operators and mortar men on brick or block manholes, rubbing concrete, air too! operator under sixty-five pounds (65 lbs.), caulker and led man, chain or concrete saw under fifteen horsepower (15 HP). The unloading, handling and carrying of concrete reinforcing bars, by hand, to the areas in which they are used, wrecking, strip- ping, dismantling, cleaning, moving and oil- ing of all concrete forms;,digging and laying sewer tile; and B. Skilled laborer. The work falling within this subtitle of work description includes: vibrator man, asphalt raker, head pipe layer on sewer work, batterboard man on pipe and ditch work, cliff scalers working from Bosun's chairs, scaffolds or platforms on dams or power plants over ten feet (10') high, air tool operator over sixty-five pounds (65 lbs.), stringline man on concrete paving and the like, sandblast man, laser beam man, wagon drill, churn drill, air track drill and all other similar type drills, jackhammers and other pneumatic hammers and tampers, Gunite nozzle man, pressure grout man, screed man on asphalt, concrete saw fifteen (15) HP and over, grade checker, stringline man on electronic grade control, manhole builder, dynamite man, powder man, welder, tunnel man waterblaster—one thousand pounds per square inch (1000 psi) over, asbestos (except mechanical systems that are not being scrapped), hazardous waste removal, disposal, or any combination of these; (L.) Lather —Applies to workers who erect horizontal metal framework to which laths are fastened, using nails, bolts, studgun, or a combination of these, drills holes in floor and ceiling and drives ends of wooden or metal studs into holes to provide anchor for furring or rockboard laths. The occupational title of lather applies to workers who nail, clip or fasten, all types of wood, wire and metal laths, plasterboard, wallboard, rockboard, gypsum, sheetrock and acoustical materials which take the place of same to walls, ceil- ings and .parttttions of .buildingsto. provide supporting base for plaster, `fireproofing or acoustical material, The occupational title of work description for lather applies to workers who erect all metal plastering accessories which are covered or serve as ground, or both, guard, stock or screed for plaster mate- rials, including wire mesh. The work falling within the occupational title of work descrip- tion includes: 1. The installing of carrying bars and purlins (pieces' of horizontal timber), light iron and metal furring (thin strips of wood or metal to create air space) of all descriptions, such as rods, channels, flat iron, T bar, H -bar and other ceiling bars or systems for the receipt of lath and board; 2. The wiring of plasterer channels to overhead structural framework to provide support for plaster or acoustical ceiling tile; and 3. The nailing of plaster grounds (wood or metal strips) to studding to provide a guide for those workers performing work falling within the occupational title of work descrip- tion for plasterer; (M) Linoleum Layer and Cutter —Applies to workers who measure, cut, sew, make-up and seam, tape, fit, lay and install and seal and wax materials to be cemented, tacked or otherwise applied to its base, wherever it may be. These materials may be used as shock -absorbing, sound -absorbing or decora- tive coverings. With the exception of terrazzo, magnesite and latex built-up floors, the mate- rials include oil cloth, matting, linen, carpet, synthetic turf, linoleum, vinyl, plastic, rub- ber, cork, mastic, asphalt, mastipave, tile, wood tile, interlocking and magnetic tile, chalk and bulletin board, nonslip or abrasive materials, resilient, decorative seamless sur- face coatings, monolithic coverings (mono- lithic shall mean all resilient seamless mate- rial such as epoxy, polyethylene, plastics and their derivatives, components and systems) and all other resilient coverings on floors, walls, counters, table tops and ceilings. The work falling within the occupational title of work description includes: 1. The handling of materials at the point of installation; 2. The performing of all necessary preparation and finish work, such as sweep- ing, scraping, sanding, or chipping dirt and irregularities from base surfaces and filling cracks with putty, plaster, or cement grout to form smooth, clean foundations, drilling holes for sockets and pins; 3. The installing of underlayment, sand- ing and filling, fitting of metal edgings, metal corners and caps and fitting devices for attachment of these materials; 4.. The, spreading of adhesive cement over floor to cement foundation material to the floor; 5, The laying of covering on cement; and 6. The rolling of finished floor to smooth it out and press cement into base and covering; (N) Millwright —Applies to workers who design, build, or repair mills or mill machin- ery; hoist, dismantle, erect, assemble, line and adjust all machines used in the transmis- 8 CSR 3D-3 CSR 5 sion of power in buildings, factories or else- where; unload machines used in the trans- mission of power in buildings, factories or elsewhere, where power equipment and rig- ging are required, The work falling within this occupational title of work description includes: the setting of ail classes of engines, direct drive motors, dynamos, turbines, gen- erators and air compressors and pumps, The assembling, setting and packing of all com- pressors and pumps. The placing of all pul- leys, sheaves and fly wheels on the listed equipment. The making and setting of all templates and bolts for all machinery requir- ing same. Drypacking for sole plates. Installation of truck and. railroad scales. Installation of trash compactors. Installation of all types of conveyors. The cutting and threading of all bolts. The handling and oper- ating of all acetylene and devices for heating, welding and cutting when used in connection with millwright work; (0) Operating Engineer —The workers who perform work falling within the occupational title of work description for operating engi- neer/portable and hoisting operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or elec- tronically, hydraulically or any power -operat- ed equipment. This occupational title encom- passes several subclassifications, with the title and work description considered in light of whether the public works project pertains to building construction or heavy/highway construction. 1. Building construction. The subtitles falling within the occupational title of work description for operating engineer, as appli- cable to building construction, are as follows: A. Group I —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: crane (for example, crawler or truck); dragline—clam shell—gradall; Derrick (all types); kimmer scoop; power shovel or backhoe over one (I) cubic yard; pile driver (for example, land or floating); Whirley; mechanic and welder; hydraulic, self-propelled crane; stinger or cherry picker crane; switch boat; concrete portable plant/concrete mixer paver; cable- ways; B. Group II --'Phis subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: asphalt paver and spreader/concrete spreader; asphalt plant mixer operators; asphalt plant operator; MArr BLUNT (11/30/04) Secretary of State CODE OF STATE REGULATIONS 11 CSR 8 CSR 30 -3 -DEPARTMENT OFRELATIONS LABOR AND Division 30 —Division of Labor Standards backfillers; back hoe (under one (I) cubic yard); Barber -Green loader (similar type); blade —power, all types; boats —power; boil- ers; boring machine (all types, including tun- nel boring); brooms —power operated (all types); concrete saw (self-propelled); chip spreader (front man); clef plane operators; combination concrete hoist and mixer such as mix or mobile; crab —power operated; crush- er rock; ditching machine; dozer/dredges; finishing machine; firemen on rigs; flex plane; floating machine; form grader; greas- er; hoist operator (all types); hopper —power operated; hydra hammer (all types); Lad-A-Vator—similar type; loaders —all types, including skid -steer (for example, bob- cat); locomotives (all types); curb finishing machine; mucking machine; orange peels; pumps (all types); push cats; rollers (all types); scoops (all types except skimmer scoop); self-propelled rotary drill; air com- pressors (all types); side boom; siphons, jets and jennies; welding machine; subgrader; testhole machine; throttle man tractors over fifty (50) HP; air tugger with air compressor; anchor placing barge; Ahoy force feeder loader (self-propelled); bull float; pipe clean- ing/wrapping machine; conveyor; heaters, fuel fired with forced air; quadtrack; tie tam- per; vibrating machine; well drilling machine; forklift (except masonry forklift); C. Group III —This subtitle applies to workers who operate; monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: tractors (under fifty (50) HP); distributor (bituminous); scissor lift; small machine (operator); mud jack; wench truck operator; pug mill operator; ele- vator -push button; A frame truck; mixers; oilers; 1D. Group III -A —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as a masonry forklift; E. Group IV —This subtitle applies to workers who operate, monitor and control, repair, modify, .assemble, erect, oil, service each or .. all . electrically or electronically; hydraulically or any .power -operated equip- ment set forth as a self-propelled floor sweeper; and F, Group V —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: elevator —auto; air pressure oiler; air pressure engineer. 2. Heavy/highway construction. The subtitles falling within the occupational title of work description for operating engineer, as applicable to heavy/highway construction, are as follows: A. Group I --This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: asphalt finishing machine and trench; widening spreader; asphalt plant console operator; autograder; automatic slipform paver; backhoe; blade operator (all types); boat operator (all types); boilers —two (2); central mix concrete plant operator; clamshell operator; concrete mixer paver; crane operator; Derrick or Derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; high - loader including skid steer (for example, bob- cat); hoisting engine —two (2) active drums; launchhammer wheel; locomotive opera- tor -standard gauge; mechanics and welders; mucking machine; piledriver operator; Pitman crane operator; push cat operator; quadtrack; scoop operator —all types; shovel operator; sideboom cats; skimmer scoop operator; trenching machine operator; truck crane; B. Group II -This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: A frame truck; asphalt hot mix silo; asphalt plant fireman, drum or boiler; asphalt plant mixer operator; asphalt plant man; asphalt roller operator; backfiller operator; Barber -Greene loader; chip spreader; concrete mixer operator, skip loader; concrete plant operator; concrete pump operator; crusher operator; dredge oiler; elevating grader operator; forklift; greaser —fleet; hoisting engine —one (1); locomotive operator —narrow gauge; multiple compactor; pavement breaker; power - broom —self-propelled; power shield; rooter; .side discharge concrete spreader; slip form finishing machine; stumpcutter machine; throttle man; tractor operator —over fifty (50) HP; wench truck; C. Group. III —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: boilers —one (1); chip spreader (front man); churn drill opera- tor; clef plane operator; concrete saw opera- tor self-propelled; curb finishing machine; distributor operator; finishing machine oper- ator; flex plane operator; float operator; form grader operator; pugmill operator; roller operator, other than high -type asphalt; screening and washing plant operator; siphons and jets; subgrading machine opera- tor; spreader box operator, self-propelled (not asphalt); tank car heater operator —com- bination boiler and booster; tractor operator fifty (50) HP or less; Ulmac, Ulric or similar spreader; vibrating machine operator, not hand; D. Group IV —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as an oiler; and E. Oiler -driver —This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power -operated equip- ment set forth as follows: fireman —rig; main- tenance operator; (P) Painter —The work falling within the occupational title of work description for painter includes: 1. Preparation of surfaces. The washing, cleaning, pointing and taping of drywall, regardless of material used, and smoothing of surfaces, using sandpaper, brushes or steel wool. The removal of old paint or other coat- ings from surfaces, using paint remover, scraper, wire brushing, sandblasting, water blasting, liquid steam or by any other similar process. The filling of nail holes, cracks and joints with putty, plaster or other fillers; 2. Color matching and mixing. The application of paint, varnish, stain, enamel, lacquer, vinyl, wallpaper and other materials of whatever kind of quality applied to walls or ceilings with paste or adhesive, using brushes, spray gun (spray painter) or paint rollers. The application of polyurethane elas- tomers, vinyl plastics, neoprene, resin, polyester and epoxy as waterproofing or pro- tective coatings to any kind of surface (except roofs) when applied with brushes, spray guns or rollers; 3, Texturing and decorating. The erect- ing of scaffolding or setting up of ladders to perform the work above ground level. The paperhanging of walls and ceilings with dec- orative wall coverings made of fabric, vinyl or paper. The preparing of the surface to be covered by applying sizing, which seals the surface and makes the covering stick better. The removal of the old covering by soaking, steaming or applying solvents. The patching 12 CODE OF STATE REGULATIONS (11130104) MATT BLUNT Secretary of State Chapter 3 -Prevailing Wage Law Rules $ CSR 30.3 CSR of holes and other imperfections before applying the new wall covering. The measur- ing of the area to be covered; the cutting of the covering into strips of the proper size, the checking of the covering for flaws and the examination of the pattern so it can be matched when the strips are hung. The prepa- ration of paste or other adhesives according to manufacturers' directions, and the brush- ing or rolling it on the covering. The placing of the strips on the wall or ceiling, to match adjacent patterns. The smoothing of the strips to remove bubbles and wrinkles; the trim- ming of the top and bottom with a razor blade; and the painting or taping of highway striping, or both; and 4. Cleanup. The cleanup of tools and equipment required in connection with work falling within this occupational title; (Q) Plasterer -Applies to workers who apply gypsum, Portland cement, stucco, imi- tation stone and kindred materials and prod- ucts to interior walls, ceilings and partitions and to exterior walls of buildings, and finish those materials and products. The work falling within the occupational title of work description includes; 1. The spreading of plaster over laths, masonry or any other base, using trowel; and smoothing the plaster with darby and float for uniform thickness; 2. The application of the various manu- facturers' brand names of thin coat or plaster veneer; 3. The application of all bonding agents and magical; 4. The roughing of undercoat with wire or metal scraper to provide bond for succeed- ing coat of plaster; 5. The application of all malleable plas- tic materials and epoxy materials; 6. The setting in place of plasterboard, insulation board, styrofoam and bead -board, ground, locks, patent dots, cork plates, brownstone and acoustical tile, fiberglass reinforcement and finished products; 7. The plastering of joints, nail holes and bruises on wallboard; 8. -The grouting and filling of door bucks, runners . and .similar. installations, in conjunction: -with plastering operations; 9. The application of scratchcoat, browncoat and finish coat of plaster to wood, metal or board laths successively to all ceil- ings and walls when finished with terrazzo or tile, and the application of any plastic materi- al to same;. 10. The fireproofing of all building assemblies with plaster materials, sprayed fiberglass or similar materials, whether applied to gypsum, metal lath or directly; 11. The application of crushed stone, marble or ceramic chips and broken glass where embedded in plaster, or similar mate- rials; 12. The placing of acoustic blocks with any plastic material, regardless of thickness; 13. The placing, by any method, of plas- ter or composition caps and ornaments; 14. The creating of decorative textures in finish coat by marking surface of coat with brush and trowel or by spattering it with small stones (stucco) where plastering equip- ment or materials, or both, are used; and 15. The operation and control of all types of plastering machines, including power trowels and floats; (R) Plumber -Applies to workers who install and repair domestic potable water lines, gravity waste disposal systems inside the curb or fence lines, plumbing fixtures such as: bathtubs, sinks and toilets -and appliances such as, dishwashers and water heaters. The work falling within the occupational title of work description for plumber includes: 1. Assembling and installing piping sys- tems, fixtures and equipment for the trans- portation of domestic water and sewage. Piping systems installed in structures (for example, buildings, industrial plants) to the first. Y, T or connection located outside the building; 2. Cutting, threading and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding brazing and caulking or any other method of making joints in the plumb- ing industry; 3. Assembling, installing and repairing valves, pipe fittings and pumps. Testing the piping system. Installing and repairing plumbing fixtures, such as sinks, bathtubs, water heaters and water softeners; and 4. Cutting holes in floors and walls for pipes with point and hammer, core drill, or both; (S) Pile Driver -The work falling within the occupational title of work description for pile driver includes: 1. The handling, layout, driving, cutting and splicing of wood, metal or concrete pil- ing regardless. of purpose (for example, sheets, 1 -beams, pile caps and welding to pil- ing); 2. The assembly, disassembly and rig- ging of the pile driving equipment; and 3. The conduct of underwater diving that is incidental to pile driving work; (T) Pipe Fitter -Applies to workers who fabricate, install and repair piping systems to include: water and waste processing systems; heating and air-conditioning systems, pneu- matic controls and pneumatic delivery sys- tems; powerhouse and all pressurized piping systems; gas, oxygen systems; gasoline sys- tems notfor public sale. The work falling within this occupational title of work descrip- tion includes: 1. Piping systems installed in structures (for example, buildings, industrial plants and the like); 2. Cutting, threading and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding and caulking, or any other method of making joints in the pipefitting industry; 3. Assembling, installing, and repairing valves, pipe fittings and pumps. Testing the piping system. Cutting holes in floors and walls for pipes with point and hammer, core -drill, or both; 4. Installing of distribution lines (for example, water. mains, sewer mains, oil and gas lines); 5. Welding of steel pipe joints and join- ing pipes with screws, bolts, fittings, solder, caulking or any other method for making joints in the industry; and 6. Joining ductile iron and plastic pipes by using any method for making joints in the industry, when the pipe will be under pres- sure; (U) Roofer/Waterproofer-Applies to workers who apply and install any and all types of roofing materials, other than sheet metal. The work falling within this occupa- tional title of work description includes: 1. The installation of slate and tile and all substitute materials taking the place of slate and tile used for roofing including flat or promenade slate, with necessary metal flash- ing to make water -tight; 2. The cementing in, on or around slate and tile roofs. The laying of felt or paper beneath the slate and tile. The dressing, punching and cutting of all roof slate or tile either by hand or machinery; 3. The installation of all forms of plas- tic, slate, slag, gravel; asphalt and composi- tion roofing; rock asphalt mastic when used for damp and waterproofing; prepared paper; compressed paper and chemically prepared paper, and burlap with or without coating. The installation of all damp resisting prepara- tions regardless of the method`drapplication in or outside of building. The installation of damp courses, sheeting or coating on founda- tion work and tarred roofs. The laying of the tile or brick, when laid in asphalt or pitch tar; 4, The installation and application of new materials used in roofing, water -proof- ing, encapsulation and containment process including all forms of elastomeric or plastic (elastoplastic), or both, roofing systems, both sheet and liquid applied, whether single -ply MArr BLUNT (11130104) Secretary of State CODE OF STATE REGUlATiON5 13 CSR 8 CSR 30-3-DINDUSEPARTMENTTRIAL OFRELATIONS LABOR AND Division 30 —Division of Labor Standards or multi -ply. The installation of aggregates or stone, used as a ballast for inverted roofing membrane assembly, or roof of similar con- struction where insulation is laid over the roofing membrane. The sealing and caulking of seams and joints on these elastoplastic sys- tems to insure water -tightness. The applying of liquid -type elastoplastic preparation for roofing, damp or waterproofing when applied with a squeegee, trowel, roller or spray equipment whether applied inside or outside of a building. The priming of surfaces to be roofed, damp or waterproofed, whether done by roller, mop, swab, three (3) -knot brush or spray systems. The waterproofing of all types of preformed panels; 5. The application of all types of spray -in -place such as urethane or polyurethane, and the coatings that are applied over them; 6. The application of roof insulation, when the insulation material is applied as an integral part of the roofing system, whether the insulation material is applied as the first, last or any other layer in between; 7. The operation and servicing of all kettles, bulk tankers, stationary heating tankers and other types of equipment and tools used to accomplish this work (including heating systems for the operation of the equipment); and compressors for applying roofing material components, roof and mop carts, hydraulics, tools and equipment, be it hand or power, needed to apply waterproof- ing, insulated and roofing materials; 8. The handling, hoisting and storing of ail roofing, damp and waterproofing materi- als; and 9. The tear -off, removal, or both, of any type of roofing, all spudding, sweeping, vac- uuming, cleanup, or a combination of these, of any areas of any type where a roof is to be relayed; (V) Sheet Metal Worker —The work falling within the occupational title of sheet metal worker includes: 1. The handling, conditioning, assem- bling, installing, servicing, repairing, alter- ing and dismantling of the duct work for the heating, ventilation and air-conditioning sys- tems regardless of the materialsused and the setting.of all_e4uipment and all supports and reinforcements in connection with the sys- tem; 2. The installation of expansion and dis- charge valves, air filters, and water filters in heating, ventilation and air-conditioning sys- tems; 3. The testing and balancing of air -han- dling equipment and duct work; 4. The forming, rolling, drawing, stamping or pressing of sheet metal shingles, sheet metal tile, sheet metal brick, sheet metal stone and sheet metal lumber, when specified for use as roofing, siding, water- proofing, weather proofing, fire proofing or for ornamental or any other purpose; 5. The performing of sheet metal work specified for use in. connection with or inci- dental to steeples, domes, minarets, look outs, dormers, louvers, ridges, copings, roof- ing, decking, hips, valleys, gutters, outlets, roof flanges, flashings, gravel stops, leader heads, down spouts, mansards, balustrades, skylights, cornice moulding, columns, capi- tals, panels, pilasters, mullions, spandrils and any and all other shapes, forms and design of sheet metal work specified for use for water- proofing, weatherproofing, fire proofing, ornamental, decorative or display purposes, or as trim on exterior of the buildings; 6. The installing of sheet metal ceilings with cornices and mouldings of plain, orna- mental, enameled, glazed or acoustic type; 7. The installing of side walls, wainscot- ing of plain, ornamental, enameled or glazed types, including sheet metal tile; 8. The application of all necessary wood or metal furring, plastic or other materials, to which they are directly applied; 9. The performing of sheet -metal work specified for use in connection with or inci- dental to direct, indirect or other types of heating, ventilating, air-conditioning and cooling systems (including risers, stacks, ducts, S strips, fittings, dampers, casings, recess boxes, outlets, radiator enclosures, exhausts, ventilators, frames, grisses, lou- vers, registers, cabinets, fans and motors); 10. The air washers, filters, air brushes, housings, air-conditioning chambers; 11. The setting and hanging of air-con- ditioning units, unit heaters or air-veyor sys- tems and air handling systems regardless of material used; 12. The assembling and setting up of all cast iron parts, warm air furnace, all stoker, gas and oil burner equipment used in con- nection with warm air heating, all sheet metal. hoods, casings, wall stacks, smoke pipes, truck lines, cold air intake, air chambers, vent pipes, frames, registers, dampers and regulation- devices; .— 13. The installing of equipment utilized in the operation of kitchens including ranges, canopies, steam tables, work tables, dish- washers, coffee urns, soda fountains, warm- ing closets, sinks, drainboards, garbage chutes, incinerators and refrigerators; 14. The installing of tubing, pipes and fittings, used in connection with or incidental to coppersmithing work. The installation of fume hoods, metal toilet partitions, metal lockers, plain metal shelving; and 15. The handling,moving, hoisting and storing of all sheet metal materials on the job site, where power equipment and rigging are required; (W) Sprinkler Fitter —Fire Protec- tion —Applies to workers who perform the installation, adjustments and corrections, repair and dismantling of all fire protection and fire control systems and the installation of all fire piping for tubing, appurtenances and equipment. The work falling within the occupational title includes: The handling and installation of all piping and appurtenances pertaining to sprinkler equipment, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connections to the sprinkler sys- tems, sprinkler tank heaters, air lines and thermal systems used in connection with sprinkler and alarm systems, tank and pump connections, and fire protection systems using mulsifyre, spray, water, fog, carbon dioxide (CO2), gas and foam and dry chemi- cal systems; (X) Trrazzo Worker -Marble Mason —The workers performing work falling within the occupational title of work description for ter- razzo worker -marble mason includes: 1. The installing of marble, mosaic, venetian enamel and terrazzo; the cutting and assembling of mosaics and art ceramics; the casting of all terrazzo on the job site; all rolling of terrazzo work; 2. The preparing, cutting, layering or setting of metal, composition or wooden strips and grounds on all bedding above con- crete floors or walls; and the laying and cut- ting of metal, strips, lath or other reinforce- ment, where used in terrazzo work; 3. The installing of cement terrazzo, magnesite terrazzo, dex-o-tex terrazzo, epoxy matrix terrazzo, exposed aggregate. Rustic or rough wash of exterior or interior of build- ings. The mixturing or applying of any other kind of mixtures of plastics composed of chips or granules of marble, granite, blue stone, enamel, mother of pearl, quartz, ceramic colored quartz and all other kinds of chips or granules when mixed with cement, rubber, neoprene, vinyl, magnesium chloride • or any other resinous or chemical substances used for seamless flooring systems. The applying of binding materials when used on walls, floors, ceilings, stairs, saddles or any other part of the interior or exterior of the building, or other work not considered a part of the building such as fountains, swimming pools; 4. The finishing of cement floors where additional aggregate of stone is added by spreading or sprinkling on top of the finished base and troweled or rolled into the finish and 14 CODE OF STATE REGULATIONS (11130104} MATT BLUNT Secretary of State Chapter 3 —Prevailing Wage Law Rules then the surface ground by grinding machines (When no additional stone aggregate is added to the finished mixture, even though the sur- face may be ground, the work falls within the occupational title of work description for cement masons.); and 5. The carving, cutting and setting of all marble, slate, including slate backboards, stone, albereen, carrara, sanionyx, vitrollte and similar opaque glass, scaglioa, marblei- thic and all artificial, imitation or case mar- ble of whatever thickness or dimension. This shall apply to all interior work, such as sani- tary, decorative and other purposes inside of buildings of every description wherever required, including all polish, honed or sand finish; (Y) Tile Setter —Applies to workers who apply tile to floors, walls, ceilings, stair treads, promenade roof decks, garden walks, swimming pools and all places where tiles may be used to form a finished surface for practical use, sanitary finish or decorative purpose. (Tile includes all burned clay prod- ucts, as used in the tile industry, either glazed or unglazed, all composition materials; all substitute materials in single units up to and including, fifteen inches by twenty inches by two inches (15" x 20" x 2") (except quar- ry tiles larger than nine inches by eleven inch- es (9" x 11")) and all mixtures in the form of cement, plastics and metals that are used as a finished surface.) The work falling with- in this occupational title of work description includes: 1. The cutting and shaping of tile with saws, tile cutters and biters; and 2. The positioning of tile and tapping it with a trowel handle to affix tile to plaster or adhesive base; and (Z) Truck Driver-Teamster/Traffic Control Service Driver —The workers who perform work falling within the occupational title of work description for truck driver -teamster includes the operation, repair and servicing of the following mechanical equipment. This occupational title encompasses several sub- classifications, with the title and work description considered in light of whether the public works project pertains to building con- strucpon.or heavy/highway construction. 1. Building construction. The subtitles falling within the occupational title of work description for truck driver -teamster, as applicable to building construction, are as follows: A. Group I —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: flat bed trucks single axle, station wagons, pick-up trucks, material trucks single axle, tank wagon single axle; B. Group II —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: agitator and transit mix -trucks; C. Group III —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: flat bed trucks tandem axle, articulated dump trucks, material trucks tandem axle, tank wagon tan- dem axle; and D. Group IV —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: semi and/or pole trailers, winch, fork and steel trucks, distributor drivers and operators, tank wagon semi -trailer, Insley wagons, dumpsters, half- tracks, speedace, euclids and other similar equipment, A frame and Derrick trucks, float or low boy and boom truck. 2. Heavy/highway construction, The subtitles falling within the occupational title work description for truck driver -teamster, as applicable to heavy/highway construction, are as follows: A. Group I —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: flat bed trucks single axle, station wagons, pick-up trucks, material trucks single axle, tank wagon single axle; B. Group 1I —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: agitator and transit mix -trucks; C. Group III —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: flat bed trucks tandem axle, articulated dump trucks, materi- al trucks tandem axle, tank wagon tandem axle; and D: Group IV —This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and ser- vice the following equipment: semi -and/or pole trailers, winch, fork and steel trucks, distributor drivers and operators, tank wagon semi -trailer, Insley wagons, dumpsters, half- tracks, speedace, euclids and other similar equipment, A frame and Derrick trucks, float or low boy and boom truck. 8 CSR 30.3 CS( 3. The workers who perform work falling within the occupational title of traffic control service driver include: A. The delivery, installation and pick- up of traffic control devices; B. The unloading and installation of barricades, plastic channelizer drums, safety cones and temporary flashing lights not to exceed one hundred fifteen (115) volts; C. Regular periodic inspections to assure that traffic control devices are clean, clearly visible and properly positioned. Inspection and maintenance includes replac- ing batteries and bulbs in lights, cleaning reflective material and lenses and repairing or replacing damaged or missing devices when incidental to and part of a public works con- struction project; and D. Removal of all traffic control devices by loading them on a truck and driv- ing them to a storage yard where they are unloaded. AUTHORITY- section 290.240.2, RSMo 2000.* Original rule fled Sept. 15, 1992, effective May 6, 1993. Emergency amend- ment filed April 30, 1993, effective May 10, 1993, expired Aug. 28, 1993. Amended: Filed Aug. 13, 1996, effective Feb. 28, 1997. Amended: Filed Jan. 22, 1997, effective Sept. 30, 1997. Amended: Filed June 17, 2004, effective Dec. 30, 2004. *Original aruhoruy: 290.240. RSMo 1957, amended 1969. MATT BLUNT (11130104) Secretary of State CODE OF STATE REGULATIONS 15 12) Rules of Department of Labor and Industrial Relations Division 20 -Labor and Industrial Relations Commission Chapter 5 -Rules Relating to Objections to Wage Orders, Including Prevailing Wage Determinations and Occupational Title of Work Descriptions Title Page 8 CSR 20-5.010 Objections and Hearing 3 Rebecca McDowell Cook (8131197) CODE OF STATE REGULATIONS Secretary of State 1 Chapter 5 —Rules Relating to Objections to Wage Orders, Including Prevailing Wage Determinations and Occupational Title of Work Descriptions Title 8 —DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS Division 20 —Labor and Industrial Relations Commission. Chapter 5 —Rules Relating to Objections to Wage Orders, Including Prevailing Wage Determinations and Occupational Title of Work Descriptions S CSR 20-5.810 Objections and Hearing PURPOSE: This rule specifies procedures for filing objections to wage .orders, including prevailing wage determinations and occupa- tional title of work descriptions, and hearings on objections by the commission. (1) Objections. Within thirty (30) days after the certified copy of a wage order has been tiled with the secretary of state and the com- mission, any person who may be affected by the wage order may object, in writing, to the wage order, or any part thereof that the party considers objectionable by thing the objec- tions in triplicate with the commission. If the objection is to a wage rate, the objector shall set forth in writing, the specific grounds of objection and not merely a conclusion that the wage rate is too high or too low, but shall set out in detail how the objector reaches the conclusion that the rate is either too high or too low. If the objection is to an occupation- al title of work description, the objector shall set forth in writing the specific grounds of objection and not merely a conclusion that an occupational title of work description is incorrect, but shall set out in detail how the objector reaches the conclusion that the occu- pational title of work description is incorrect. At the time of filing the objection a copy shall be furnished to the Division of Labor Standards. Within thirty (30) days of the receipt of the objection, the commission shall set a date for a hearing on the objection. The day for the hearing shall be within sixty (60) days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors, proponents and other interested parties at least ten (10) days prior to the date set for the hearing. (2) Hearings. (A) Hearings held by the commission under the Prevailing Wage Law shall be held by the commission, any commissioner or a representative designated by the commission. If the hearing is conducted by one (1) of the commissioners or by a designated representa- tive, a recommended order will be prepared by such commissioner or designated repre- sentative and such order will be subject to the approval of a majority of the commission qualified to review the recommended order. (B) At the hearing, any party may be rep- resented by an attorney -at -law. Only an attor- ney, licensed to practice in Missouri, may appear in a representative capacity. A person whose conduct is detrimental to the proper and orderly conduct of the hearings may be excluded from the hearing room by the com- mission or designated representative. The commission or its designated representative may examine any party or witness. Any hear- ing may be adjourned or postponed or con- tinued from time -to -time or place -to -place at the discretion of the commission or its desig- nated representative. (3) Prehearing Conference. (A) Before any hearing, the commission, at its discretion, may direct the parties or their attorneys to appear before it for a con- ference to consider - 1. The simplification of the issues; 2. The possibility of obtaining admis- sions of fact and documents which will avoid unnecessary proof; 3. The limitation of the number of wit- nesses; 4. The prefiling of sworn, direct testi- mony and supporting documents; and 5. Such other matters as may aid in the disposition of the hearing. (B) The commission, or its designated rep- resentative, shall prepare an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered. The order will limit the issues for the hearing to those not disposed of by admissions or agreements of counsel. Such order, when entered, controls the subsequent course of the hearing, unless modified thereafter to prevent manifest injus- tice. (4) Procedures. (A) At the hearing, if the objection per- tains to the wage rate in a locality, the Division of Labor Standards shall introduce in evidence the investigation and field surveys conducted, including copies of any appropri- ate collective bargaining agreements and any information received by the Division of Labor Standards which was considered by it at the time the wage order was issued. (B) Thereafter, the following procedure will be followed: 1. Evidence on behalf of the objectors which is material to the issue(s) shall be introduced; 2. Evidence on behalf of the proponents 8 CSR 20.5 Rip or any other interested party which is mater- ial to the issue(s) shall be introduced; 3. Rebuttal or Cumulative evidence shall be allowed at the discretion of the commis- sion; and 4. No direct evidence, other than the testimony and documents filed at the pm - hearing conference, will be allowed at the hearing, except at the discretion of the com- mission. (C) If the objection to the wage order per- tains only to an occupational title of work description, the objector shall present its evi- dence first. Thereafter, the Division of Labor Standards and any intervenor may present evidence. (D) The commission shall determine what evidence is material to the issue(s).The order or procedures set forth in subsection (4)(B) and (C) shall be followed unless, in the inter- est of conducting's fair hearing, the commis- sion determines otherwise. (5) Record of Proceedings. The commission may cause such proceedings before it to be suitably recorded as it considers necessary and expedient, the cost of which shall be borne by the commission. Any party desiring a copy of the transcript shall purchase its own copy from the reporter who transcribed the proceedings. AUTHORITY section 286.060, RSMo (Cum. Supp. 1996).* This version of rule filed Dec. 18, 1975, effective Dec. 28, 1975. Amended: Filed Sept. 22, 1995, effective Feb 25, 1996. Amended: Filed Jan. 30, 1997, effec- tive Sept. 30, 1997. * Original auihoriiy 1945, amended 1947, 1980, 1995. Rebecca McDowell Cook 18/31/97) CODE OF STATE REGULATIONS 3 Secretary of State. M EN MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS PREVAILING WAGE PROJECT NOTIFICATION - CONTRACTOR INFORMATION The information below is requested pursuant to Sections 290.210 through 290.340 and 290.550 through 290.580, RSMo. During a time of excessive unemployment, only Missouri laborers and labores from non-restrictive stales shall be employed on public works projects. See 290:550 through 290.580, RSMo. I. Date of Notification 3. Popular or Descriptive Name of Project 2. Annual Wage Order Number Included in Bid Specifications 4. Estimated Project Cost of Completion (total construction contracts to be awarded) $ 5. Exact Location of Project County 6. °Meiel Name of Public Body or Agency 7. Name of Contact Person 9. Address City Townshin 10. E-mail Address Web site 18. Phone Number (include area code) 11. Anticipated Date fbr Soliciting or Advertising for Bids 112. Contract Award Date 13, Estimated Start Date of Work 114. Estimated Date of Project Completion 16. Contractor information Notification General Contractor: Name Address 15. Will There Be Any Federal Funds Used in this Contract? ❑ Yes ❑ No City State ZIP Phone Number E-mail Address '1'y pe of Craftsmen Needed by Project Scope of Work List all Subcontractors: Name Address City State ZIP Phone Number E-mail Address Type of Craftsmen Needed by Project Scope of Work Name Address - City State ZIP Phone Number E-mail Address Type of Craftsmen Needed by Project Scope of Work The state of Missouri requires workers on public works projects be paid the prevailing wage. Public bodies have duties as required under this law (Section 290.210 - 290.340, RSMo). Mail, Fax or E-mail completed form to: DIVISION OF LABOR STANDARDS Attn: Prevailing Wage Section P.O. Box 449 Jefferson City, MO 65102-0449 Phone: 573-751-3403 Fax: 573-751-3721 E-mail: prevailingwage glabor.mo,gov Web site: www.labor.mo.gov/]s 1'W-2 (01-I0) AT kM I MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW 1, , upon being duly sworn upon my oath state that: (1) I am the (Name) of (?'isle) (Name of Company) §§ 290.210 to 290.340, RSMo, pertaining to the payment of wages to workers employed on public works projects have been fully satisfied with regard to this company's work on (Name of Project) (3) I have reviewed and am familiar with the prevailing wage rules in 8 CSR 30-3.010 to 8 CSR 30-3.060; (4) based upon my knowledge of these rules, including the occupational titles set out in S CSR 30-3.060, I have completed full and accurate records clearly indicating (a) the names, occupations, and crafts of every worker employed by this company in connection with this project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b) the payroll deductions that have been made for each worker, and (c) the amounts paid to provide fringe benefits, if any, for each worker; (5) the amounts paid to provide fringe benefits, if any, were irrevocably paid to a trustee or to a third party pursuant to a fund, plan, or program on behalf of the workers; (6) these payroll records are kept and have been provided for inspection to the authorized representative of the contracting public body and will be available, as often as may be necessary, to such body and the Missouri Department of Labor and Industrial Relations; (7) such records shall not be destroyed or removed from the state for one year following the completion of this company's work on this project; (8) when in effect, the requirements of yw'§ 290.550 through 290.580, RSMo, pertaining to excessive unemployment were fully satisfied; and (9) there has been no exception to the full and complete compliance with the provisions and requirements of Annual Wage Order No. Section issued by the Missouri Division of Labor Standards and applicable to this project located in County, Missouri, and completed on the day of ; (2) all requirements of The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge that the falsification of any information set out above may subject me to criminal prosecution pursuant to §§290.340, 575.050, or 575.060, RSMo. Subscribed and sworn to me this day of Signature My commission expires Notary Public Receipt by Authorized Public Representative PW-4 (I 2-09) Al