Agenda - Council - 06/27/2017 - Laserfiche WebLink

Home

01/10/2017 C. Failure to Comply with Apprenticeship Requirements. If a Contractor fails to demonstrate compliance with the terms established in this section, the Contractor must compensate the Apprentice not less than the applicable Total Prevailing Wage Rate for the actual classification of labor performed.91 D. Trainee and Helper. A trainee or helper is not exempt from prevailing wage under state law. The Contractor must assign the trainee or helper a labor classification that is the "same or most similar"92 and compensate the trainee or helper for the actual Work performed regardless of the trainee's or helper's skill level. XII. INDEPENDENT CONTRACTORS, OWNERS, SUPERVISORS, AND FOREMAN A. Independent Contractor. An independent contractor (IC) that is not an Independent Truck Owner/Operator (ITO), who is performing Work must be properly classified and compensated.93 The IC must submit a CPR(s) to the Department. If the IC does not receive an hourly wage, but instead a weekly, biweekly, monthly or quarterly distribution for performance, the IC must calculate its hourly rate of pay by dividing the weekly, biweekly, monthly, or quarterly company distribution by all hours worked during that time frame and report the information on a CPR. If necessary, the Department may request documentation from the IC to determine how the hourly wage rate was calculated.94 B. Owners. Supervisors and Foreman. An owner, supervisor, or foreman performing Work is subject to prevailing wage and must be properly classified, compensated and reported.95 XIII. TRUCKING A. Covered Hauling Activities. A Contractor must ensure that all Workers, including hired Trucking Brokers, MTOs and ITOs are paid the applicable Total Prevailing Wage Rate or truck rental rate for the following Work: 1. The hauling of material to and from a Prime Contractor's material operation that is not a separately owned commercial establishment.96 2. The hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the truck leaves the work site at some point.97 3. The delivery of materials from a non-commercial establishment to the project and the return haul to the starting location either empty or loaded.98 4. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments.99 5. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment.'°° 6. The delivery of materials or products by trucks hired by a Contractor, subcontractor, or agent thereof, from a commercial establishment.101 91 Minn. R. 5200.1070, Subpart 3 92 Minn. Stat. 177.44, Subdivision 1 9s Minn. Stat. 177.44, Subdivision 1 'Minn. Stat. 177.30(a)(5); Minn. Stat. 181.723; United States Department of Labor Field Operation Handbook, Section 15f08 95 Minn. Stat. 177.44, Subdivision 1 96 ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12-3000-11993-2 97 Minn. R. 5200.1106, Subpart 3B(1) 98 Minn. R. 5200.1106, Subpart 3B(2) 99 Minn. R. 5200.1106, Subpart 3B(3) 100 Minn. R. 5200.1106, Subpart 3B(4) 101 Minn. R. 5200.1106, Subpart 3B(5) 10-A