HomeMy Public PortalAboutAWO 20 100 ST LOUIS COUNTY REVISED 12 20 13Prevailing Wage Alert
PREVAILING WAGE NOTICE OF EXCESSIVE UNEMPLOYMENT
*** NOW IN EFFECT ***
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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/Is/tap /faq_PublicWorksEmployment.asp or view the statute 290.550
290.580 RSMo, at http://www.;noga.state.mo.us/statutes/C290.11TM.
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.
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http://www.dollr.mo.gov/ItaS Alert/errorpage.asp 10/31/2007
Missouri Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
JEREMIAH W. (JAY) NIXON, Governor
Annual Wage Order No. 20
Section 100
ST. LOUIS COUNTY
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
Building Construction Rates for
ST. LOUIS COUNTY
REPLACEMENT PAGE
Section 100
OCCUPATIONAL TITLE
*" Date of
Increase
Basic
Hourly
Rates
Over -
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
Asbestos Worker (H & F) Insulator
10/13
$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
6/13
$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
12113
$34.26
43
45
$5.00 + 37.5%
Groundman
12113
$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 Ill
$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 COUNTY Footnotes
Section 100
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).
a - Vacation: Employees over 5 years - 8%, under 5 years - 6%
ANNUAL WAGE ORDER NO. 20 3/13
ST. LOUIS COUNTY
OVERTIME SCHEDULE - BUILDING 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. 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 (1'A) 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 (1'/z) times the
regular hourly wage scale.
NO. 26: 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.
AWO20100 OT.doc
ANNUAL WAGE ORDER NO. 20 Page 1 of 7 Pages
ST. LOUIS COUNTY
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
days 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 (1-1/2). 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 71/2
hours would be at 115% of the basic wage rate. Overtime Monday through Friday would be at 1 Y2 of base shift rate.
Saturday first 7' /2 hours of work —11/2 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 part 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 (1%) 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.
AMMO 100 OT.doc ANNUAL WAGE ORDER NO. 20 Page 2 of 7 Pages
ST. LOUIS COUNTY
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 ;7
make-up day the pay shall be at the regular hourly base wage rate and benefits.
AWO20100 OT.doc ANNUAL WAGE ORDER NO. 20 Page 3 of 7 Pages
ST. LOUIS COUNTY
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 (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 (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 (1'/). 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.
AWO20100 OT.doc ANNUAL WAGE ORDER NO.20 Page 4 of 7 Pages
ST. LOUIS COUNTY
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 ('A) 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 (1'/) 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 (1%) 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 (1%), 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 (1%) 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.
AWO2O 100 OT.doc ANNUAL WAGE ORDER NO. 20 Page 5 of 7 Pages
ST. LOUIS COUNTY
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 (1%) 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 (1%) 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 (136) 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 (7%) 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.
AWO20 100 OT.doc ANNUAL WAGE ORDER NO. 20 Page 6 of 7 Pages
ST. LOUIS COUNTY
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 (7V) 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.
AWO20100 OT.doc ANNUAL WAGE ORDER NO. 20 Page 7 of 7 Pages
ST. LOUIS COUNTY
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
Aw020 100 BHol.doc Page 1 of 3 Pages
ST. LOUIS COUNTY
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 Years 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 100 BHol.doc Page 2 of 3 Pages
ST. LOUIS COUNTY
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 Years 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
AWO20 100 BHol.doc Page 3 of 3 Pages
Heavy Construction Rates for
ST. LOUIS COUNTY
REPLACEMENT PAGE
Section 100
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
6113
$30.51
10
9
$23.35
Group II
6/13
$30.51
10
9
$23.35
Group Ill
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
ST. LOUIS COUNTY
OVERTIME SCHEDULE — HEAVY CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 'A) 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'A) the hourly rate, plus an amount equal to one-half ('A) 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 100 HOT.doc Page 1 of 3
ST. LOUIS COUNTY
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%) 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 (11/2) 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 (1Y2) 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.
ANNUAL WAGE ORDER NO. 20
AWO20 100 HOT.doc Page 2 of 3
ST. LOUIS COUNTY
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.
AWO20 100 HOT.doc
ANNUAL WAGE ORDER NO.20
Page 3of3
ST. LOUIS COUNTY
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 Years 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 '100 HHol.doc
ANNUAL WAGE ORDER NO. 20 Page 1 of I
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 rd. 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, 1tSMo, for actions based on
writing and not governed by statute of limitations for unpaid minimum wages in section 516.140, RSMo. City of Kansas City v. lntegon 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 (1) 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. 1. 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
290.340, 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.H. 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 recoveritsactual 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 contained 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, staling 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. 1. 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 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 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 !LB, 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 employed 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. I. 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 5.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.B. 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 § 1)
(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.
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 farming 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;
(3) "Employee",.any 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;
(1) 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 clue 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 Adapted 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 Adapted 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 less than one and one-half times 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.
(L. 1990 H.B. 1881 § 3, A.L. 2006 Adonted by Initiative, Proposition B, November 7, 2006, A.L. 2008 H.B. 1883 merged with H.B. 2041)
Effective 6-25-08 (N.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.H. 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.
290.5 15. 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.H. 1881 § 9, AL. 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 § 11, 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
290.530 or 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 H.S. 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, 1881 § 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:
(1) "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.13.416 & 417 § 1)
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 requiring 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. 1993H.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.
290.570. 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.1993143.416&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.H. 416 & 4I7 § 6)
Department to enforce law --injunctive relief, when.
290.580. Sections 290.550 to 290380 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. 1993H.B.416&417§7)
d Copyright
Missouri General Assembly
)CSi
Rules of
Department of Labor and Industrial
Relations
Division 30 —Division of Labor Standards
Chapter 3 —Prevailing Wage Law Rules
Title Page
8 CSR 30-3.010 Prevailing Wage Rates for Public Works Projects 3
8 CSR 30-3.020 Definitions . _ , , . . . , .. . , .. .3
8 CSR 30-3.030 Apprentices and Trainees .4
8 CSR 30-3.040 Classifications of Construction Work 5
8 CSR 30-3.050 Posting of Prevailing Wage Rates 5
8 CSR 30-3.060 Occupational Titles of Work Descriptions 6
MATT BLUNT (11!30104) CODE OF STATE REGULATIONS
Secretary of State
1
Chapter 3 -Prevailing Wage Law Rules
8 CSR 30-3 YSi
Title 8 -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 filed 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: Filed 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 authority: 290.240, RSMo 1957, amender!
1969.
Woodman Engineering Company tt Butler,
442 SW2d 83 (Mo. App. 1969). The function
of reviewing court in prevailing wage cases is
to decide if the determination of the convnis-
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 (71130!04) CODE OF STATE REGULATIONS
Secretary of State
3
CSR 8 CSR 30.3-DINDUSTRIAEPARTMENTL OFRELATIONS LABOR AND
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 he 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.
•Origin[ authority 290.240, RSMa 1957, amended
1959.
8 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 of 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
Division 30 —Division of Labor Standards
of Labor, Employment and Training 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 rare 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 (11/30104) MATT BLURT
Secretary of State
Chapter 3 —Prevailing Wage Law Ruin
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 anthoriry: 290.240, 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 of a 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 backfilling 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;
(I) Driveways that are built to serve a
building;
(J) 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, but
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;
8 CSR 30.3 CSR
(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
(7) 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 filed Aug. 24, 1990, effective
April 29, 1991. Amended: Filed July 17,
1995, effective Jan. 30, 1996.
"Original aurhorily: 290.240. RDA 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. Prevailing
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 awharrry: 290.240, RSMa 1957, amended
1969.
MArr BLUNT (11130104)
Secretary of State
CODE OF STATE REGULATIONS 5
csA
8 CSR 30 -3 -DEPARTMENT OF LABOR AND
INDUSTRIAL RELATIONS
Division 30 —Division of Labor Standards
8 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 Thies, 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;
(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 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 on an 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
arty 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 title 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,
a
CODE OF STATE REGULATIONS (11130104) MATT BLUNT
Secretary of State
Chapter 3 —Prevailing Wage Law Rules
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
turn buckles;
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 walls, 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,
structural members 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:
I. 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 all
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, sating, 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. Pit 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-
8 CSR 30-31CSR
tic). Caulking of fixtures and countertops
including Corian tub and shower enclosures;
S. 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
MATT BLUNT {11130!04)
Secretary of State
CODE OF STATE REGULATIONS r
'CSR 8 CSR 30.3 -DEPARTMENT OF LABOR AND
INDUSTRIAL RELATIONS
Division 30 —Division of Labor Standards
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
8. The setting of concrete curb, gutter
and sidewalk forms one (1) 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 (1") 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 the particular
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 Wireman
and Outside -Line Construction/Lineman;
1. Inside wreman--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
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
CODE OF STATE REGULATIONS (11130104) Marr BLUNt
Secretary of State
Chapter 3 —Prevailing Wage Law Rules
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 backflling 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
8 CSR 30-3CS6
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 CO 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;
(d) 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;
Man BLUNT (11130104) CODE OF STATE REGULATIONS
Secretary of State
9
tl.z
1/4./
CSR 8 CSR 30.3-DINDUSTEPARTMENTRIAL OFRELATIONS LABOR AND
Division 30 —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
10. 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 materials 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 all 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 bricklayers, plas-
terers and cement masons). The mixing,
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, hales,
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 failing
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), pad-
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,
la CODE OF STATE REGULATIONS (111301fl4) MATT BLUNT
Secretary of State
Chapter 3 —Prevailing Wage Law Rules 8 CSR 30-3 CSR
Barca 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 tool 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 waterbiaster—one thousand
pounds per square inch (1000 psi) over,
asbestos (except mechanical systems that are
riot 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 partitions of buildings to 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 piaster 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-
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 all 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 (1)
cubic yard; pile driver (for example, land or
floating); Whitley; 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 --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 paver and
spreader/concrete spreader; asphalt plant
mixer operators; asphalt plant operator;
MATT BLUNT (11/30/04) CODE OF STATE REGULATIONS
Secretary of State 71
CSR 8 CSR 3I)-3-DINDUSTRIEPARTMAENTL. OFRELATIONS LABOR AND
Division 30 —Division of Labor Standards
backfillers; back hoe (under one (1) 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;
D. 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 (I);
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 (11130!04) MATT BLUNT
Secretary of State
Chapter 3 -Prevailing Wage Law Rules 8 CSR 30.3 0SR
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
failing 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 derby 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 mastical;
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 ail
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, I -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 not• for 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, watermains, 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
betieath 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 of application
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
MATT BLUNT (11/30/04) CODE OF STATE REGULATIONS
13
Secretary of Slate
\CR 8 CSR 30 -3 -DEPARTMENT OF LABOR AND
INDUSTRIAL RELATIONS
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
all 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 materials used and the
setting of all equipment 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;
I2. 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) Terrazzo 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 (11!30!04) MATrBLUNT
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, vitrolite
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-
struction 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 HI —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 1 —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 HI —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 CI
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, 1?SMo
2000.* Original rule filed 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 authority: 290.240, RSMi 1957, amended
1969.
Mart BLUNT (11130104) CODE OF STATE REGULATIONS
Secretary of State 15
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 (8131!97)
Secretary of State
CODE OF STATE REGULATIONS
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
8 CSR 20-5.010 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
filed 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 filing 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 bearing 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 isio
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 pre -
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' a 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, 199Z effec-
tive Sept. 30, 1997.
* Original authority 1945, amended 1947, 1980, 1995,
Rebecca McDowell Cook (8131197) CODE OF STATE REGULATIONS
Secretary of State
3
i
i
•
rt
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 laborers from non-restrictive states shall be employed on public works
projects. See 290550 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 Cast of Completion (total construction contracts ro he awarded) $
5. Exact Location of Project
County
6. Official Name of Public Body or Agency
7. Name of Contact Person
9. Address
I0. E-mail Address
City Township
8. Phone Number (include area code)
Web site
11. Anticipated Date for Soliciting or Advertising far Bids 112, Contract Award Date
13, Estimated Siam Date of Work 14. 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 ❑ Na
City State
ZIP
Phone Number E-mail Address
Type of Craftsmen Needed by Project
Scope of Work
List all Subcontractors: Name
Address
City Slate ZIP
Phone Number E-mail Address
Type of Craftsmen Needed by Project
Scope of Work
Name
Address
City State Z11,
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
Attu: Prevailing Wage Section
P.O. Box 449 Jefferson City, MO 65102-0449
Phone: 573-751-3403 Fax: 573-751-3721 E-mail: prevaillag wager®rlabor.mo.gav Web site: www.labor.nto,govf1s
PW-2 (01.10) AI
M1
r
II
MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS
AFFIDAVIT
COMPLIANCE WITH THE PREVAILING WAGE LAW
, upon being duly sworn upon my oath state that; (1) I am the
(Warne)
of ; (2) all requirements of
Mile) (Nance 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
(Nance ofProject)
(3) I have reviewed and ant familiar with the prevailing wage rules in 8 CSR 30-3.010 to 8 CSR 30-3.080; (4) based
upon my knowledge of these rules, including the occupational titles set out in S CSR 30-3.060, 1 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 §§ 290.550 through 290.530, 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
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.
Signature
Subscribed and sworn to me this day of
My commission expires
Notary Public
Receipt by Authorized Public Representative
PW.4 (12.09) Al