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?
When is the prevailing wage rate used?
A contractor or subcontractor who performs work on public construction in the state, as defined by AS 36.95.010, shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done.
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What is the definition of a public works or related projects?
"Public construction" or "public works" means the on-site field surveying, erection, rehabilitation, alteration, extension or repair, including painting or redecorating of buildings, highways, or other improvements to real property under contract for the state, a political subdivision of the state, or a regional school board.
"state or political subdivision of the state" means any state department, state agency, state university, borough, city, village, school district or other state subdivision;
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Are there project monetary thresholds?
The advertised specifications for a public construction contract exceeding $2,000 to which the state or a political subdivision of the state is a party that required or involved the employment of mechanics, laborers, or field surveyors shall contain a provision stating the minimum wages to be paid various classes of laborers, mechanics, or field surveyors and that the rate of wages shall be adjusted to the wage rate under
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Are any types of projects specifically exempted?
Projects whose value are less than $2,000 are exempt from Alaska prevailing wage law.
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What is included in the calculation of wage rates?
"Wages" includes fringe benefits.
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Who calculates the prevailing wage rates?
The current prevailing rate of wages is that contained in the latest determination if prevailing rate of wages issued by the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids for the contract. The rate shall remain in effect for the life on the contract or for 24 calendar months, whichever is shorter. At the end of the initial 24 month period, if new wage determinations have been issued by the department, the latest wage determination shall become effective for the next 24-month period or until the contract is completed, whichever occurs first. This process shall be repeated until the contract is completed.
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Enforcement: what are the penalties for violations? Criminal or fines?
A.) A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $00 nor more than $1,000, or bu imprisonment for not less than 10 days nor more than 90 days, or by both. Each day a violation exists constitutes a separate offense.
B.) Every contract within the scope of AS 36.05.070 shall contain a provision that if it is found that a laborer, mechanic, or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the state or its political subdivisions may, by written notice to the contractor, terminate the contractor's right to proceed with the work or the part of the work for which there is a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the contractor and the contractor's sureties are liable to the state or its political subdivision for excess costs for completing the work
C.) The state disbursing officer in the case of a state contract and the local fiscal officer in the case of a political subdivision contract shall pay directly to laborers, mechanics, or field surveyors from accrued payment withheld under the terms of the contract the wages due laborers, mechanics, or field surveyors under AS 36.050.070.
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Can contractors be debarred?
The state disbursing officer or the local fiscal officer shall distribute to all departments of the state government and to all political subdivisions of the state a list giving the names of persons who have disregarded their obligations to employees. A person appearing on this list and a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a pivli construction contract for the state or a political subdivision of the state until three years after the date of the publication of the list. If the accrued payments withheld under the contract are insufficient to reimburse all the laborers, mechanics, or field surveyors with respect to whom there has been a failure to pay the wages required under AS 36.05.070, the laborers, mechanics, or field surveyors have the right of action or intervention or both against the contractor and the contractor's sureties conferred by law upon persons furnishing labor or materials, and in the proceedings it is not a defense that the laborers, mechanics, or field surveyors accepted or agreed to accept less than the required rate of wages or voluntary made refunds.
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Are there posting requirements?
The scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work.
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Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
There is no information to suggest that the agency retains fines for an enforcement fund.
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Record Maintenance?
All contractors or subcontractors who perform work on a public construction contract for the state or for a political subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and Workforce Development a sworn affidavit for the previous reporting period, setting our in detail the number or persons employed, wages paid, job classification of each employee, hours worked each day and week, and other information on a dorm provided by the Department of Labor and Workforce Development.
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Are there any provisions which discuss apprentices?
Laborers, mechanic, or field surveyor' means a person who engages in work that is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, that basically consist of the shaping and working of materials into some type of structure, machine, or other object; or who engages in outdoor tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of any part of the earth's surface, by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion of country; AS 36.95.010
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References
Title 36. Public Contracts: Chapter 36.05. *Wages and Hours of Labor
* This is the official state Stature regarding the prevailing wage rate in Alaska.