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Montana

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?
No information at this time

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What is the definition of a public works or related projects?
A) "Public works contract" means a contract for construction services or non-construction services let by the state, county, municipality, school district, or political subdivision in which the total cost of the contract is in excess of $25,000. (18-2-401)

B) "Construction services" means work performed by an individual in construction, heavy construction, highway construction, and remodeling work.

  • The term does not include:
    • engineering, superintendence, management, office, or clerical work on a public works contract; or
    • consulting contracts, contracts with commercial suppliers for goods and supplies, or contracts with professionals licensed under state law. (18-2-401)

C) "Non-construction services" means work performed by an individual, not including management, office, or clerical work, for:

  • the maintenance of publicly owned buildings and facilities, including public highways, roads, streets, and alleys;
  • custodial or security services for publicly owned buildings and facilities;
  • grounds maintenance for publicly owned property;
  • the operation of public drinking water supply, waste collection, and waste disposal systems;
  • law enforcement, including janitors and prison guards;
  • fire protection;
  • public or school transportation driving;
  • nursing, nurse's aid services, and medical laboratory technician services;
  • material and mail handling;
  • food service and cooking;
  • motor vehicle and construction equipment repair and servicing; (l) appliance and office machine repair and servicing. (18-2-401)

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Are there project monetary thresholds?
The prevailing wage laws in Montana only apply to projects whose value are greater than $25,000. (18-2-401)

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Are any types of projects specifically exempted?
When the term "school district" appears in a section outside of Title 20 but the section is not listed in subsection (1), the school district provision does not apply to a community college district." (20-15-403)

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What is included in the calculation of wage rates?
Those wages, other than heavy and highway construction wages, including fringe benefits for health and welfare and pension contributions, that meet the requirements of the Employee Retirement Security Act of 1974 and other bona fide programs approved by the United States department of labor and travel allowance that are paid in the district by other contractors for work of a similar character performed in that district by each craft, classification, or type of worker needed to complete a contract under this part. (18-2-401)

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Who calculates the prevailing wage rates?
In each district, the standard prevailing rate of wages is must be computed from a weighted average wage rate based on all of the hours worked on work of a similar character performed in the district unless the survey of employers in the district does not generate sufficient data. If the survey produces insufficient data, the rate may be established by the use of other information or methods that the commissioner determines fairly establish the standard prevailing rate of wages. The commissioner shall establish by rule the method or methods by which the standard prevailing rate of wages is determined. (18-2-401)

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Enforcement: what are the penalties for violations? Criminal or fines?
A) If a person, firm, or corporation fails to comply with the provisions of this part, the state, county, municipality, school district, or officer of a political subdivision that executed the public works contract shall retain $1,000 of the contract price as liquidated damages for the violation of the terms of the public works contract, and the money must be credited to the proper funds of the state, county, municipality, school district, or political subdivision. (18-2-432)

B) Whenever an action has been instituted in a district court in this state against any person, firm, or corporation for the violation of this part, the court in which the action is pending is authorized to issue an injunction to restrain the person, firm, or corporation from proceeding with a public works contract with the state, county, municipality, school district, or political subdivision, pending the final determination of the instituted action." (18-2-432)

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Can contractors be debarred?
Whenever a contractor or subcontractor is found by the commissioner to have aggravatedly or willfully violated the labor standards provisions of this chapter, the contractor or subcontractor or any firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible, for a period not to exceed 3 years after the date of the final judgment, to receive any public works contracts or subcontracts that are subject to the provisions of this chapter. (18-2-432)

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Are there posting requirements?
There is no section pertaining to posting requirements in the Montana prevailing wage law.

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Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
A) If a person, firm, or corporation fails to comply with the provisions of this part, the state, county, municipality, school district, or officer of a political subdivision that executed the public works contract shall retain $1,000 of the contract price as liquidated damages for the violation of the terms of the public works contract, and the money must be credited to the proper funds of the state, county, municipality, school district, or political subdivision. (18-2-432)

B) The above paragraph does not specify where the money directly goes, or how the money is used, but because there are no specific answers, I felt that it was necessary to include the above paragraph.

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Record Maintenance?
There is no section pertaining to record maintenance requirements in the Montana prevailing wage law.

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Are there any provisions which discuss apprentices?
There is no section pertaining to apprentices in the Montana prevailing wage law.

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References
1.) House Bill No. 407
* This bill was enacted by the legislature of the state of Montana.
* Section 18-2-401 though 20-15-403

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