H.P. 1037 - L.D. 1454
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §1303, as amended by PL 1965, c. 406, §1, is further amended to read:
§1303. Public works; minimum wage and benefits
In the employment of laborers in the construction of public works, including state highways, by the State or by persons contracting therewith for such the
construction, preference shall must first be given to citizens of the State who are qualified to perform the work to which the employment relates, and, if they cannot can not be obtained in sufficient numbers, then to citizens of the United States. Every contract for such work shall public works construction must contain a provision to this effect for employing citizens of this State or the United States. The hourly wage and benefit rate paid to laborers employed in the construction of public works, including state highways, shall be may not be less than the fair minimum rate as determined in accordance with section 1308. Any contractor who knowingly and willfully violates this section shall be punished by is subject to a fine of not more than $100 less than $250 per employee violation. Each day that any contractor employs a laborer at less than the wage and benefit minimum herein stipulated shall constitute in this section constitutes a separate violation of this section.
Sec. 2. 26 MRSA §1304, sub-§5, as corrected by RR 1995, c. 2, §65, is amended to read:
5. Fair minimum wage and benefits. "Fair minimum wage and benefits" means the prevailing wage and benefits as determined by the Director of the Bureau of Labor Standards according to section 1306.
Sec. 3. 26 MRSA §1304, sub-§9, as enacted by PL 1967, c. 403, is amended to read:
9. Prevailing wage and benefits. "Prevailing wage and benefits" shall be means the hourly wage and benefits paid to the median number of workers employed in a trade or occupation on the 2nd and 3rd week in September.
Sec. 4. 26 MRSA §1305, as repealed and replaced by PL 1967, c. 403, is amended to read:
It is declared to be the policy of the State of Maine that a wage of no less than the prevailing hourly rate of wages and benefits for work of a similar character in this State shall must be paid to all workmen workers employed in the construction of public works.
Sec. 5. 26 MRSA §1306, as corrected by RR 1995, c. 2, §66, is amended to read:
§1306. Fair minimum rate of wages and benefits; determination
The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A schedule of minimum wages and benefits must be attached to and made a part of the specifications for the construction and must be included in the bidding documents. The "fair minimum rate of wages and benefits," for the intent and purposes of sections 1304 to 1313, is the prevailing wage and benefits paid in the locality in like construction. The director or a delegated member of that bureau shall assemble the data as to wages paid by contractors employing 5 or more construction workers in the State during the 2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for the following calendar year must be determined by the director. A minimum wage Minimum wages and benefits may not be established for any trade or occupation if fewer than 10 workers are employed in such a trade or occupation in the State in the 2nd and 3rd week of September.
The minimum wage shall and benefits must be established and filed as requested by the public authority within 30 days after such a request is received by the director. No minimum wage shall may be determined until January 1, 1968 and shall does not apply to the construction of public works then underway. When fair minimum wage and benefit rates are included and made a part of any contract, such the rate shall must remain unchanged during the time the contract is in effect.
Sec. 6. 26 MRSA §1307-A, as enacted by PL 1987, c. 786, §15, is amended to read:
§1307-A. Minimum wage and benefits rate on construction projects
The Director of the Bureau of Labor Standards may shall form an informal, ad hoc advisory board to advise the director with respect to issues relating to wage rates on construction projects. In forming this advisory board, the director shall select a person from labor engaged in the building trades, a person from labor engaged in the highway and heavy construction trades, a person from the highway and heavy contractors and a person from the building contractors. The board must consist equally of persons and contractors covered by collectively bargained labor agreements and those not covered by collectively bargained labor agreements.
Sec. 7. 26 MRSA §1308, as corrected by RR 1995, c. 2, §67, is amended to read:
§1308. Prevailing wages and benefits established at regular intervals; how determined
1. Determination of wage and benefit rates. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this State during the 2nd and 3rd week of September of each year.
Prevailing wages and benefits must be determined in September 1999 and become effective upon determination. In determining such the prevailing rates, the bureau may ascertain and consider the applicable wage and benefits rates established by collective bargaining agreements, if any, and those rates that are paid generally in the locality where the construction of the public works is to be performed. For purposes of this subsection, "benefits" means health and welfare contributions, pension or individual retirement account contributions and vacation and annuity contributions, per diem in lieu of wages and any other form of payment, except for wages, made to or on behalf of the employee. If a defined contribution amount is not established, the most accurate estimated value of contributions must be included.
2. Certified copies. A copy of any determination made at the request of the public authority shall must be certified by the director and shall be filed immediately with the public authority and with the Secretary of State. Copies shall must be supplied by the bureau to all persons requesting same within 10 days after such the filing.
3. Appeal. Any person affected by the determination of the director, whether or not such that person participated in the proceedings resulting in such the determination, may appeal to the commissioner from such that determination by filing a written notice with the commissioner stating the specific grounds of that person's objection within 10 days from the filing of the copy of the determination with the Secretary of State. The commissioner shall hold a hearing on the appeal, pursuant to Title 5, chapter 375, subchapter IV, within 20 days from the receipt of notice of appeal. The hearing by the commissioner must be held in Augusta. The commissioner has the authority to affirm, reverse or amend the determination of the director. The commissioner shall render a decision within 10 days after the conclusion of the hearing.
Sec. 8. 26 MRSA §§1309 and 1310, as repealed and replaced by PL 1967, c. 403, are amended to read:
§1309. Contract to contain provisions relative to rate of wages and benefits to be paid
In all cases where when a fair minimum wage has and benefits have been established, the contract between the public authority and the successful bidder shall must contain a provision requiring the successful bidder and all his subcontractors of the successful bidder to pay a rate or rates of wages which shall and benefits that are not be less than the fair minimum wage and benefits.
§1310. Wage and benefits rates to be kept posted
A clearly legible statement of all fair minimum wage and benefits rates to be paid the several classes of laborers, workmen workers and mechanics employed on the construction on the public work shall must be kept posted in a prominent and easily accessible place at the site thereof by each contractor and subcontractor subject to sections 1304 to 1313.
Sec. 9. 26 MRSA §1311, as amended by PL 1975, c. 59, §3, is further amended to read:
§1311. Wage and benefit record of contractor
The contractor and each subcontractor in charge of the construction of a public work shall keep an accurate record showing the names and occupation of each and all laborers, workmen workers and mechanics employed by them in connection with the construction on the public works showing the hours worked, the title of the job, the hourly rate and the actual wages paid to each of the laborers, workmen workers and mechanics. A copy of such a record shall must be kept at the job site and shall must be open at all reasonable hours to the inspection of the Bureau of Labor Standards and the public authority which that let the contract, its officers and agents. It shall is not be necessary to preserve such those records for a period longer than 3 years after the termination of the contract.
Sec. 10. 26 MRSA §§1312 and 1313, as repealed and replaced by PL 1967, c. 403, are amended to read:
§1312. Penalties for violation
1. Violation by contractor or subcontractor. Any contractor or subcontractor who willfully and knowingly violates sections 1304 to 1313 shall be punished by a fine is subject to a forfeiture of not less than $50 nor more than $250.
2. Employees' remedies. Any laborer, workman worker or mechanic engaged in construction of public works let to contract, who is paid less than the posted fair minimum rate of wages and benefits applicable thereto, may recover from such a contractor or subcontractor the difference between the same and the posted fair minimum rate of wages, and in addition thereto, benefits a penalty equal in amount to such the difference, and reasonable attorney's fees; provided that however, the surety for such the contractor or subcontractor shall is not be liable for such the penalty or attorney's fees. The venue of such action shall be in the county where the work is performed. An honest mistake or error shall not be construed as a basis for recovery of the penalty sums and reasonable attorney fees under this subsection.
3. Unfair agreement. No A person shall may not request, demand or receive money or other thing of value from an employee whose rate is determined by sections 1304 to 1313 upon the statement, representation or understanding that failure to comply with such request or demand will prevent the employee from procuring or retaining employment. No A person shall may not aid, directly or indirectly, assist or abet another to violate the above prohibition prohibitions of this subsection. Any person violating the prohibitions of this subsection shall be punished by a fine is subject to a forfeiture of not less than $50 nor more than $250.
Nothing herein shall This section may not be construed to make unlawful any provision in a collective bargaining agreement between an employer and a labor organization which that relates, in any manner, to the conditioning of employment on union membership or on the payment of regular and periodic dues, or of initiation fees, to a labor organization.
Sections 1304 to 1313 shall apply only to contracts for construction on public works let after January 1, 1968, and to construction on public works for which there has been determined the fair minimum wage and benefits rates as provided in sections 1304 to 1313, and such that determination has not been appealed from as provided by section 7.
Sec. 11. 26 MRSA §1314, as enacted by PL 1967, c. 403, is amended to read:
Whenever a public works construction is built in whole or in part by federal funds and is under the jurisdiction of the Davis-Bacon or other Federal Act which that requires the Secretary of Labor to establish the minimum wage and benefits and such those minimum wages and benefits are established by him the Secretary of Labor, sections 1304 to 1313 shall do not apply.
Sec. 12. 26 MRSA §1315, as corrected by RR 1995, c. 2, §68, is amended to read:
§1315. Cooperation with United States Department of Labor
The Bureau of Labor Standards may exchange wage and benefits finding information with the United States Department of Labor where when the Secretary of Labor is required to establish the minimum wage and benefits rates as defined in section 1314.
Effective July 9, 1998, unless otherwise indicated.
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