Effective 28 Aug 2018

290.257. Determination of prevailing wage — annual calculation — final determination, when — occupational titles, applicability. — 1. (1) In determining the prevailing wage rate, the department shall accept and consider information submitted in either paper or electronic format regarding local wage rates for construction projects that occurred during the year preceding the annual wage order to be issued, provided that information regarding local wage rates for entry-level workers and federally registered apprentices shall not be considered.

(2) (a) The prevailing wage rate for each occupational title shall be equal to the weighted average wage for that occupational title.

(b) For purposes of this subdivision, the following terms shall mean:

a. "Reported wage sum", for each occupational title, the sum of every product of each reported wage rate, which shall include fringe benefits, multiplied by the total number of reportable hours at such wage rate; and

b. "Weighted average wage", the reported wage sum for each occupational title divided by the total number of reportable hours for that occupational title.

2. The department shall annually calculate the public works contracting minimum wage in each locality. The public works contracting minimum wage shall be equal to one hundred twenty percent of the average hourly wage in a particular locality, as determined by the Missouri economic research and information center within the department of economic development, or any successor agency.

3. A final determination of the prevailing hourly rate of wages and the public works contracting minimum wage applicable to every locality to be contained in an annual wage order shall be made annually on or before July 1, 2019, and July first of each year thereafter. The wage order shall remain in effect until superseded by a new annual wage order. The department shall, by March 10, 2019, and March tenth of each year thereafter, make an initial determination of the prevailing wage rate for each occupational title within the locality as well as an initial determination as to the public works contracting minimum wage. Objections may be filed as to any initial determination as provided in section 290.262.

4. (1) If the total number of reportable hours that are paid pursuant to a collective bargaining agreement and the total number of reportable hours that are not paid pursuant to a collective bargaining agreement equal or exceed, in the aggregate, one thousand hours for any particular occupational title within a locality, workers engaged in that occupational title in such locality shall be paid the prevailing wage rate determined by the department pursuant to this section.

(2) If the total number of reportable hours that are paid pursuant to a collective bargaining agreement and the total number of reportable hours that are not paid pursuant to a collective bargaining agreement do not equal or exceed, in the aggregate, one thousand hours for any particular occupational title within a locality, workers engaged in that occupational title in such locality shall be paid the public works contracting minimum wage.

5. For purposes of this section, the term "reportable hours" shall mean hours reported by a contractor for work performed under such contractor in a particular occupational title within a particular locality.

6. (1) The different types of occupational titles to which sections 290.210 to 290.340 shall apply shall be limited to, and shall include, all of the following:

(a) Asbestos worker;

(b) Boilermaker;

(c) Bricklayer;

(d) Carpenter, which shall include pile driver, millwright, lather, and linoleum layer;

(e) Cement mason, which shall include plasterer;

(f) Communications technician;

(g) Electrician;

(h) Elevator constructor;

(i) Glazier;

(j) Ironworker;

(k) General laborer, including first semi-skilled laborer and second semi-skilled laborer;

(l) Mason, which shall include marble mason, marble finisher, terrazzo worker, terrazzo finisher, tile setter, and tile finisher;

(m) Operating engineer, which shall include operating engineer group one, operating engineer group two, operating engineer group three, operating engineer group three-A, operating engineer group four, and operating engineer group five;

(n) Outside lineman, lineman operator, groundman, lineman tree trimmer, groundman tree trimmer, and any combination thereof;

(o) Painter;

(p) Plumber, which shall include pipefitter;

(q) Roofer;

(r) Sheet metal worker;

(s) Sprinkler fitter; and

(t) Truck driver, which shall include truck control service driver, truck driver group one, truck driver group two, truck driver group three, and truck driver group four.

(2) Each occupational title listed in subdivision (1) of this subsection shall have the same meaning and description as given to such occupational title in 8 CSR 30-3.060.

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(L. 2018 H.B. 1729, et al.)