Section 290.015. Collecting and compiling wage rate information.

 

(1)   Annual survey. For the purpose of making prevailing wage rate determinations, the department shall conduct an annual survey of employers and compile the prevailing wage rate for each trade or occupation in each area. The survey shall consist of forms mailed by the department to employers or an electronic survey application for completion and return.

(2)   Survey deadline. The department shall include a deadline date on the forms sent to employers. A survey form shall be accepted for initial compilation if it is received at the department's offices with a postmark or an electronic filing date that is on or before the deadline date and it is properly completed.

(3)   Collective bargaining agreements. If the sum of the hourly basic rate of pay and allowable hourly contributions rate in a collective bargaining agreement that has been filed with the department for the current survey period is equal to the sum of the hourly basic rate of pay and hourly contributions rate that is found to prevail in a particular area for that particular trade or occupation on that particular type of work and the majority of hours used to determine the prevailing wage rates were submitted under a collective bargaining agreement, the department shall include in its determinations any future contractual increase or decrease provided for in the collective bargaining agreement or a successor agreement, that is filed before January 1 of the calendar year following the end of the survey period. The department, upon request, shall also include in its determinations any future contractual increase or decrease in overtime and premium pay, with the exception of height pay, pay for work with particular products, shift differential, and supervisory pay.

(4)   Corrections. The department may correct errors in compiling data from the completed surveys, based upon its own determination or its inquiry to an employer.

(5)   Insufficient data. If the wage rate data which the department may consider from all sources is insufficient to determine the prevailing wage rate for a particular trade or occupation in a particular area or for a particular type of project, the department may consider wage rate data compiled for a similar trade or occupation.

(6)   Initial determinations and recalculation requests.

(a) The department shall issue its initial prevailing wage determinations based on the annual survey. Any person may request a recalculation of any portion of an initial determination, based upon the submission of the evidence required by s. 66.0903 (3) (bm) , 66.0904 (4) (d) , or 103.49 (3) (b) , Stats., if the request and the accompanying evidence are received at the department's offices within 30 days after the initial determination date.

(b) The department will accept a recalculation request on the basis of evidence that the employer did not receive a survey, that the employer properly mailed a survey form which the department did not receive, or that the survey data previously submitted was erroneous. A recalculation request will not be granted for the consideration of data that could have been submitted as a part of the annual survey but was not submitted on time.

(7)   Final determinations. The department shall issue its final annual prevailing wage determinations after it has issued decisions on all timely recalculation requests. No corrections under sub. (4) or recalculations under sub. (6) for the preceding year's survey may be completed after March 1.

History: Cr. Register, January, 1986, No. 361 , eff. 2-1-86; correction in (5) (e) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1987, No. 378 ; r. and recr. Register, September, 1997, No. 501 , eff. 10-1-97; correction in (6) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535 ; CR 04-081 : am. (3) Register December 2006 No. 612 , eff. 1-1-07; CR 10-092 : am. (1), (2), (3), (6), (7), r. (6m) Register December 2010 No. 660 , eff. 1-1-11.

Note

The form referred to in this subsection may be obtained from the Department of Workforce Development, Equal Rights Division, P. O. Box 8928, Madison, WI 53708. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 66.0904, Stats., was repealed by 2011 Wis. Act 32 . Microsoft Windows NT 6.1.7601 Service Pack 1 The department is required to affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation. Sections 66.0903 (3) (bm) , 66.0904 (4) (d), and 103.49 (3) (b), Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 Section 66.0904, Stats., was repealed by 2011 Wis. Act 32 . Microsoft Windows NT 6.1.7601 Service Pack 1