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Contractor/Employer Responsibilities

Agency: Labor & Economic Growth


Contractor/Employer responsibilities under the prevailing wage law:

  • Every contractor and subcontractor shall keep posted on the construction site, in a conspicuous place, a copy of all prevailing wage and fringe benefit rates prescribed in a contract.
  • Every contractor and subcontractor shall keep an accurate record showing the name and occupation of and the actual wages and benefits paid to the construction mechanic including certified payroll, as used in the industry, of each and every construction mechanic, and verification of such certified payroll in writing by either a representative or auditor/certified accountant at the end of such a certified payroll, employed by him in connection with said contract.  This record shall be available for reasonable inspection by the contracting agent or the department.
  • Each contractor or subcontractor is separately liable for the payment of the prevailing rate to its employees.
  • The prime contractor is responsible for advising all subcontractors of the requirement to pay the prevailing rate prior to commencement of work.
  • The prime contractor is secondarily liable for payment of prevailing rates that are not paid by a subcontractor.
  • A construction mechanic shall only be paid the apprentice rate if registered with the United States Department of Labor, Office of Apprenticeship and Training and the rate is included in the contract.
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Related Content
 •  Prevailing Wage Compliance Assistance - Self Audit
 •  Wage & Hour Division Enforcement Manual - Act 166 Prevailing Wage
 •  Contractor/Employer Compliance Assistance

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