Section 290.03. Classification of laborers, workers, mechanics and truck drivers.

 

(1)  Wages paid for work done in any given trade or occupation shall be computed at a wage rate not less than the prevailing wage rate specified in the prevailing wage rate determination issued for a project. The type of work done for the most similar trade or occupation, and not a previously assigned occupational title, shall determine the required minimum prevailing wage rate payable.

(2)  Under ss. 66.0903 (4) and 103.49 (2m) , Stats., a laborer, worker, mechanic or truck driver who is regularly employed to process, manufacture, pick up or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

(a) The laborer, worker, mechanic or truck driver is employed to deliver mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, to or from the site of a project that is subject to this chapter by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

(b) The laborer, worker, mechanic or truck driver is employed to transport excavated material or spoil from and return to the site of a project that is subject to this chapter.

(2m)  Under s. 66.0904 , Stats., all laborers, workers, mechanics, and truck drivers employed on a publicly funded private construction project site of project, are entitled to receive the prevailing wage rate or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

(3)  A laborer, worker, mechanic or truck driver that performs work in more than one occupational classification during a given work week shall be cross-classified and compensated for all work performed in each classification, unless work other than the primary classification is incidental work. Incidental work shall be compensated at the higher primary classification prevailing wage rate.

History: Cr. Register, January, 1967, No. 133 , eff. 2-1-67; am. Register, January, 1976, No. 241 , eff. 2-1-76; am. Register, January, 1986, No. 361 , eff. 2-1-86; renum. to be (1), cr. (2), Register, September, 1997, No. 501 , eff. 10-1-97; am. (1), cr. (3), Register, July, 2000, No. 535 , eff. 8-1-00; CR 10-092 : am. (2) (intro.), (3), cr. (2m) Register December 2010 No. 660 , eff. 1-1-11.

Note

Section 66.0904, Stats., was repealed by 2011 Wis. Act 32 . Microsoft Windows NT 6.1.7601 Service Pack 1