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?
It is hereby declared to be the policy of this state that the prevailing wage rate be determined by defined standards and that such rate be paid workers on all state construction projects. (12-4-402)
What is the definition of a public works or related projects?
"State contract" means any contractual agreement, written or oral, entered into by any person, firm or corporation with the state of Tennessee for the performance of work on a state construction project. (12-4-403)
Are there project monetary thresholds?
"State construction project" means any construction project in an amount in excess of fifty thousand dollars ($50,000) for the purpose of the erecting, remodeling, altering, repairing, demolishing, or making any additions to any building or buildings, or any other type of building and construction work wherein any state funds may be appropriated or expended for such building or construction work; or, irrespective of contract amount, any construction project for the purpose of building, rebuilding, locating, or relocating or repairing any streets, highways or bridges; (12-4-402)
Are any types of projects specifically exempted?
Projects whose value is less than $50,000 are exempt from Tennessee Prevailing Wage Laws. (12-4-402)
What is included in the calculation of wage rates?
A. Straight wages , overtime wages, and fringe benefits. (0800-03-02)
B. The State of Tennessee does not have a law that regulates fringe benefits. Company policy would be the determining factor. These and similar matters are also determined by an agreement between the employees and the employer, or their authorized representatives. (Tennessee Department of Labor)
Who calculates the prevailing wage rates?
There shall be a prevailing wage commission composed of five members, and that has the duty of determining the prevailing wage rate for state construction. (12-4-404)
Enforcement: what are the penalties for violations? Criminal or fines?
All claims are investigated and if violations are found, the contractor is required to pay the prevailing wage plus any back wages due. (Department of Labor and Workforce Development)
Can contractors be debarred?
There is no information to suggest that contractors are debarred in Tennessee for violations of the prevailing wage laws.
Are there posting requirements?
Each contractor and subcontractor subject to the provisions of this part shall post and keep posted in a conspicuous place at the site of the construction work a copy of the prevailing wage rates prescribed in the state contract. (12-4-410)
Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
There is no information to suggest that an enforcement agency retains fines for enforcement purposes.
Record Maintenance?
Each contractor must submit (on a weekly basis), records containing payroll information and classification for each employees. The contractor must make these records available for inspection at all reasonable times. (0800-03-02)
Are there any provisions which discuss apprentices?
"Apprentices" means those persons registered individually under a bonafide apprenticeship program registered with the Bureau of Apprenticeship and Training in the United States Department of Labor. The state agency contracting officer shall require the contractor or subcontractor using the apprentice to submit evidence of his indenture and/or apprenticeship registration when the apprentices' name first appears on a submitted payroll. (0800-03-02.01)
References
1.) Tennessee Code : TITLE 4 STATE GOVERNMENT
* This information is found by doing a Lexis-Nexis search (using the term "prevailing wage"). The search engine brings up Tennessee Code: Title 4 State Government
2.) Tennessee Department of Labor State Code 0800-03-02