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?
Information not available at this time.
What is the definition of a public works or related projects?
"Public authority" means any officer, board, or commission of the state, or any political subdivision of the state, authorized to enter into a contract for the construction of a public improvement or to construct the same by the direct employment of labor, or any institution supported in whole or in part by public funds and said sections apply to expenditures of such institutions made in whole or in part from public funds. ' 4115.03. Definitions.
Are there project monetary thresholds?
Projects whose values are $69,853 or more follow the Prevailing Wage Laws in Ohio. ' 4115.03. Definitions.
* Thresholds are to be adjusted biennially by the Director of Ohio Department of Commerce.
Are any types of projects specifically exempted?
A) Public improvements in any case where the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in constructing such improvements, provided the federal government or any of its agencies prescribes predetermined minimum wages to be paid to mechanics and laborers employed in the construction of such improvements; ' 4115.04. Determination of prevailing wage; exceptions to provisions.
B) A participant in a work activity, developmental activity, or an alternative work activity under sections 5107.40 to 5107.69 of the Revised Code when a public authority directly uses the labor of the participant to construct a public improvement if the participant is not engaged in paid employment or subsidized employment pursuant to the activity; ' 4115.04. Determination of prevailing wage; exceptions to provisions. (For an explanation of sections 5107.40-5107.69, please see the attached sheets.)
C) Public improvements undertaken by, or under contract for, the board of education of any school district or the governing board of any educational service center; ' 4115.04. Determination of prevailing wage; exceptions to provisions.
D) Public improvements undertaken by, or under contract for, a county hospital operated pursuant to Chapter 339. of the Revised Code if none of the funds used in constructing the improvements are the proceeds of bonds or other obligations which are secured by the full faith and credit of the state, the county, a township, or a municipal corporation and none of the funds used in constructing the improvements, including funds used to repay any amounts borrowed to construct the improvements, are funds that have been appropriated for that purpose by the board of county commissioners, the state, a township, or a municipal corporation from funds generated by the levy of a tax; provided, however, that a county hospital may elect to apply sections 4115.03 to 4115.16 of the Revised Code to a public improvement undertaken by, or under contract for, the county hospital. ' 4115.04. Determination of prevailing wage; exceptions to provisions.
What is included in the calculation of wage rates?
1. The basic hourly rate of pay;
2. The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program;
3. The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the following fringe benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected:
None of the benefits enumerated in division (E)(3) of this section may be considered in the determination of prevailing wages if federal, state, or local law requires contractors or subcontractors to provide any of such benefits. ' 4115.03. Definitions
Who calculates the prevailing wage rates?
The Public Authority shall have the Ohio Department of Commerce determine the prevailing rates of wages for workers employed on the public improvement. Section 4115.034 ORC
Enforcement: what are the penalties for violations? Criminal or fines?
1. Any employee upon any public improvement, except an employee to whom or on behalf of whom restitution is made pursuant to division (C) of section 4115.13 of the Revised Code, who is paid less than the fixed rate of wages applicable thereto may recover from such person, firm, corporation, or public authority that constructs a public improvement with its own forces the difference between the fixed rate of wages and the amount paid to the employee and in addition thereto a sum equal to twenty-five per cent of that difference. ' 4115.10. Prohibitions; penalties paid to employee and department; complaints by employees; audits.
2. The person, firm, corporation, or public authority who fails to pay the rate of wages so fixed also shall pay a penalty to the director of seventy-five per cent of the difference between the fixed rate of wages and the amount paid to the employees on the public improvement. The director shall deposit all moneys received from penalties paid to the director pursuant to this section into the penalty enforcement fund, which is hereby created in the state treasury. ' 4115.10. Prohibitions; penalties paid to employee and department; complaints by employees; audits.
Can contractors be debarred?
If an intentional violation is determined to have occurred, the contractor is prohibited from contracting directly or indirectly with any public authority for the construction of a public improvement. (Ohio Department of Labor and Worker Safety)
Are there posting requirements?
There shall be posted in a prominent and accessible place on the site of work a legible statement of the Schedule of Wage Rates specified in the contract to the various classifications of laborers, workmen, and mechanics employed, said statement to remain posted during the life of such contract.@ Section 4115.07, Ohio Revised Code.
Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
The director shall deposit all moneys received from penalties paid to the director pursuant to this section into the penalty enforcement fund, which is hereby created in the state treasury. ' 4115.10. Prohibitions; penalties paid to employee and department; complaints by employees; audits.
Record Maintenance?
A) All contractors or subcontractors falling within or affected by sections 4115.03 to 4115.16 of the Revised Code, shall keep full and accurate payroll records with respect to wages paid each employee and the number of hours worked by each employee, covering all disbursements of wages to their employees to whom they are required to pay not less than the prevailing rate of wages. Such payroll records shall be open to inspection by any authorized representative of the contracting public authority, including the prevailing wage coordinator or the director of commerce at any reasonable time and as often as may be necessary, and such records shall not be destroyed or removed from the state for the period of one year following the completion of the public improvement in connection with which the records are made. There shall be posted in a prominent and accessible place on the site of the work a legible statement of the schedule of wage rates specified in the contract to the various classifications of laborers, workers, and mechanics employed, said statement to remain posted during the life of each contract. ' 4115.07. Prohibited deductions from wages; payroll records; affidavit of compliance.
B) Each contractor or subcontractor shall file with the contracting public authority upon completion of the public improvement and prior to final payment therefor an affidavit stating that the contractor or subcontractor has fully complied with sections 4115.03 to 4115.16 of the Revised Code. ' 4115.07. Prohibited deductions from wages; payroll records; affidavit of compliance.
Are there any provisions which discuss apprentices?
Apprentices will be permitted to work only under a bona fide apprenticeship program if such program exists and if such program is registered with the Ohio Apprenticeship Council. (Ohio Division of Labor and Worker Safety)
References
1.) Ohio Prevailing Wage Act
* This is where most of the information came from when researching this particular state.
2.) Ohio Division of Labor & Worker Safety
* This is the official web-site through the state of Ohio. The information on this page is listed as if it were factual, not opinion.