Definitions

Definitions.

Definitions. The following definitions shall apply to all prevailing wage rate determinations issued by the department pursuant to this chapter:

(1) “Allowable rate” means the rate determined by the department from its review of a collective bargaining agreement by subtracting items which do not represent bona fide fringe benefits.

(2) “Area” has the same meaning as in ss. 66.0903 (1) (a) , 66.0904 (1) (a) , 103.49 (1) (a) , and 103.50 (1) (a) , 2009 Stats.

(3) “Bona fide economic benefit” has the same meaning as in ss. 66.0903 (1) (am) , 66.0904 (1) (am) , and 103.49 (1) (am) , 2009 Stats.

(4) “Contractor” means a person, including but not limited to a sole proprietor, a partnership, a corporation, a limited liability company, a construction manager or consultant, a Wisconsin state agency as defined in s. 103.49 (1) (f) , 2009 Stats., or a local governmental unit as defined in s. 66.0903 (1) (d) , 2009 Stats., who has entered into a contract with a state agency or local governmental unit for a project of public works, or who has entered into a contract with an owner or developer of real property for a publicly funded private construction project.

(5) “Department” means the state of Wisconsin department of workforce development.

(5m) “Direct financial assistance” has the same meaning as in s. 66.0904 (1) (c) , 2009 Stats.

(6) “Employer” means any contractor, subcontractor, agent or other person, including a Wisconsin state agency as defined in s. 103.49 (1) (f) , 2009 Stats., or a local governmental unit as defined in s. 66.0903 (1) (d) , 2009 Stats., doing or contracting to do all or a part of the work.

(6m) “Facility” means all or any portion of a building, a structure, land, infrastructure, or other real property.

(9) “Hourly basic rate of pay” has the meaning given in s. 103.49 (1) (b) , 2009 Stats.

consin state agency as defined in s. 103.49 (1) (f) , 2009 Stats., or a local governmental unit as defined in s. 66.0903 (1) (d) , 2009 Stats., doing or contracting to do all or a part of the work.

(6m) “Facility” means all or any portion of a building, a structure, land, infrastructure, or other real property.

(9) “Hourly basic rate of pay” has the meaning given in s. 103.49 (1) (b) , 2009 Stats.

(10) “Hourly contributions” is the per hour cost of the economic benefits paid to a laborer, worker, mechanic or truck driver by his or her employer, in addition to the hourly basic rate of pay. Payment for food, lodging, mileage, riding time, waiting time, call-in pay, uniforms, and the use of an employer’s vehicle are excluded.

(a) Contribution irrevocably made by an employer to a trustee or to a third person. Contributions for bona fide economic benefits made to a trustee or to a third person irrevocably shall be considered in ascertaining any hourly contribution. The “third person” must be one who is not affiliated with the employer. The trustee must assume the usual fiduciary responsibilities imposed upon trustees by applicable law. The trust or fund, except those used for apprenticeship training, must be set up so that the employer be unable to recapture any of the required contributions paid in or to divert the funds.

(b) Fund, plan or program. The contribution for an economic benefit must be made pursuant to a bona fide fund, plan, or program.

me the usual fiduciary responsibilities imposed upon trustees by applicable law. The trust or fund, except those used for apprenticeship training, must be set up so that the employer be unable to recapture any of the required contributions paid in or to divert the funds.

(b) Fund, plan or program. The contribution for an economic benefit must be made pursuant to a bona fide fund, plan, or program.

(c) Unfunded plans.

1. The reasonable anticipated cost to an employer pursuant to an enforceable written commitment to carry out a financially responsible plan or program shall be considered as an economic benefit.

2. No type of economic benefit is eligible for consideration as a so-called unfunded plan unless all of the following criteria apply:

a. A copy has been supplied to the department.

b. It could be reasonably anticipated to provide economic benefits described in s. 66.0903 or 103.49 , 2009 Stats., and this subsection.

c. It is a bona fide commitment.

d. The plan or program providing the economic benefits has been communicated in writing to the affected laborers, workers, mechanics and truck drivers.

(10m) “Incidental work” means work performed in a classification other than an employee’s primary classification that is paid a lower prevailing wage rate and performed for 15% or less of the employee’s time spent working on a particular project of public works or a particular publicly funded private construction project during a given work week.

(11) “Laborers, workers, mechanics and truck drivers” includes subjourneypersons and properly registered and indentured apprentices but excludes clerical, supervisory, and other personnel not performing manual labor.

(12)

(a) For the projects of a local governmental unit under s. 66.0903 , 2009 Stats., “minor service or maintenance work” has the same meaning as in s. 66.0903 (1) (dr) , 2009 Stats.

(11) “Laborers, workers, mechanics and truck drivers” includes subjourneypersons and properly registered and indentured apprentices but excludes clerical, supervisory, and other personnel not performing manual labor.

(12)

(a) For the projects of a local governmental unit under s. 66.0903 , 2009 Stats., “minor service or maintenance work” has the same meaning as in s. 66.0903 (1) (dr) , 2009 Stats.

(b) For the projects of the state or a state agency under s. 103.49 , 2009 Stats., “minor service or maintenance work” has the same meaning as in s. 103.49 (1) (bj) , 2009 Stats.

(c) For the projects of owners or developers under s. 66.0904 , 2009 Stats., “minor service or maintenance work” has the same meaning as in s. 66.0904 (1) (fm) , 2009 Stats.

(13) “Minor subcontract” means a subcontract with an estimated cost that is less than $2,000.00 and an estimated work duration of less than 3 days.

(15) “Prevailing hours of labor” has the same meaning as in s. 103.49 (1) (c) , 2009 Stats.

(16)

(a) “Prevailing wage rate” has the same meaning as in ss. 66.0903 (1) (g) , 66.0904 (1) (h) , 103.49 (1) (d) , and 103.50 (1) (d) , 2009 Stats.

(b) In determining whether there is a majority of hours worked at a particular rate of pay, the department shall consider the sum of the hourly basic rate of pay plus corresponding hourly contributions rate. If there is a majority of hours worked at the rate that is that sum and there is more than one combination of hourly basic rates plus hourly contributions rates that equal that sum, the prevailing wage rate shall be the hourly basic rate of pay and corresponding hourly contributions rate with the most hours reported that resulted in that sum.

te of pay plus corresponding hourly contributions rate. If there is a majority of hours worked at the rate that is that sum and there is more than one combination of hourly basic rates plus hourly contributions rates that equal that sum, the prevailing wage rate shall be the hourly basic rate of pay and corresponding hourly contributions rate with the most hours reported that resulted in that sum.

(c) In calculating the weighted average of the “highest-paid 51% of hours worked” in a trade or occupation, the department shall include all hours worked at the sum of the hourly basic rates of pay and corresponding hourly contributions rates that include the highest-paid 51% of hours worked.

(16m) “Prevailing wage rate determination” includes the original determination and subsequent determinations modifying or otherwise changing the provisions of the original determination.

(17)

(a) For the projects of a local governmental unit under s. 66.0903 , 2009 Stats., “project of public works” or “public works project” or “project” has the same meaning as in s. 66.0903 (2) , 2009 Stats.