Effective 28 Aug 2018

290.230. Prevailing wage rates required on construction of public works — who is deemed employed upon public works — inapplicability of prevailing wage, when. — 1. (1) Except as otherwise provided in this section, not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work.

(2) For all work performed on a Sunday or a holiday, not less than twice the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For purposes of this subdivision, "holiday" shall include each of the following:

(a) January first;

(b) The last Monday in May;

(c) July fourth;

(d) The first Monday in September;

(e) November eleventh;

(f) The fourth Thursday in November; and

(g) December twenty-fifth;

­­If any holiday falls on a Sunday, the following Monday shall be considered a holiday.

(3) For all overtime work performed, not less than one and one-half the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and

(4) A thirty-minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked.

2. Only workers that 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.

3. Any worker who agrees in writing to volunteer his or her labor without pay shall not be deemed to be employed upon public works, and shall not be entitled to the wage rates required pursuant to sections 290.210 to 290.340. For the purposes of this section, the term "worker who agrees in writing to volunteer his or her labor without pay" shall mean a worker who volunteers his or her labor without any promise of benefit or remuneration for such voluntary activity, and who is not a prisoner in any jail or prison facility and who is not performing community service pursuant to disposition of a criminal case against him or her, and is not otherwise employed for compensation at any time in the construction or maintenance work on the same public works for which the worker is a volunteer. Under no circumstances may an employer or a public body force, compel or otherwise intimidate a worker into performing work otherwise paid at a prevailing wage rate or at a public works contracting minimum wage rate as a volunteer.

4. When the hauling of materials or equipment includes some phase of construction other than the mere transportation to the site of the construction, workers engaged in this dual capacity shall be deemed employed directly on public works.

5. (1) The provisions of sections 290.210 to 290.340 shall not apply to the construction of public works for which either the engineer's estimate or the bid accepted by the public body for the total project cost is in the amount of seventy-five thousand dollars or less.

(2) The total project cost shall be based upon the entire project and not individual projects within a larger project.

(3) The total project cost shall include the value of work performed on the project by every person paid by a contractor or subcontractor for that person's work on the project. The total project cost shall additionally include all materials and supplies purchased for the project.

6. A public body shall not divide a project into multiple contracts for the purpose of lowering the total project cost below the threshold described in subsection 5 of this section.

7. For any public works project for which either the engineer's estimate or the bid accepted by the public body for the total project cost is in the amount of seventy-five thousand dollars or less that becomes subject to a change order that increases the total project cost in excess of seventy-five thousand dollars, the provisions of sections 290.210 to 290.340 shall apply only to that portion of the project that was in excess of seventy-five thousand dollars.

8. Notwithstanding any provision of law to the contrary, for the purposes of construction of public works for which either the engineer's estimate or the bid accepted by the public body for the total project cost is in the amount of ten thousand dollars or less for all occupational titles, public bodies shall be exempt from any law requiring the use of competitive bids.

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(L. 1957 p. 574 § 3, A.L. 2014 H.B. 1594, A.L. 2018 H.B. 1729, et al.)