1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



MINNESOTA
Click on a question to the left.

7) Enforcement: what are the penalties for violations? Criminal or fines?

A.) Minnesota Statutes '177.44 also states that anyone who forces an employee by any kind of threat to accept lower wages may be fined up to $1,000 and/or imprisoned for up to one year. It further provides that any employee who knowingly allows the contractor or subcontractor to pay less than the prevailing wage or who gives up any pay due may be fined up to $40, jailed not more than 30 days, or both. Each day that a violation continues is a separate offense.

B.) The penalty for nonpayment by contractors and subcontractors is a misdemeanor punishable by a fine of not more than $300, imprisonment of not more than 90 days, or both. Each day that a violation continues is a separate offense.

C.) Contract officers who administer contracts without prevailing wage compliance, and contractors, subcontractors or agents who knowingly pay workers below prevailing wage, are subject to misdemeanor penalties. Repetitive violations are considered a separate offense punishable by a maximum fine of $700, imprisonment for no more than 90 days or both.

REFERENCES

1.) Minnesota House of Representatives
* This is an informative web-site which gives information about Minnesota's Prevailing Wage Law. The information provided is stated as fact, but not as pieces of a law.

2.) Minnesota Department of Labor and Industry Brochure
* This is an informative brochure produced by the Minnesota Department of Labor to educate employers as well as the general public on the Minnesota Prevailing Wage Laws.


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©2007 National Alliance for Fair Contracting