Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
County and labor
classes.
Prevailing wage rates must be made on a county-by-county
basis and each prevailing wage rate must be based on work performed solely
within the applicable class of labor. For each county surveyed, the department
shall issue wage determinations for all classes of labor commonly or
customarily used in commercial construction projects.
Subp. 2.
Projects to be surveyed,
criteria.
From information on file and submitted by interested persons,
the determinations shall be made from projects on which construction work was
done in the 12 months preceding the survey, which are located in the county or,
if necessary, from adjacent counties, and where the estimated total cost of
completing the project is $2,500 or more.
A. A minimum of two projects in a county must
be reported in order to issue a wage determination for the county.
B. If classes of labor expected to be used in
a county for which the prevailing wage determination is being made are not all
represented in the projects in item A, but work was performed in those classes
of labor in two or more projects in any county adjacent to the county being
surveyed, the department shall establish the wage determination for those
classes of labor based solely upon those adjacent county projects.
C. In determining a wage rate for a class of
labor based upon work performed in adjacent counties, all workers in a class of
labor in all adjacent counties must be totaled and the wage rates must be based
upon the wage rate paid to the largest number as determined in accordance with
parts
5200.1020 to
5200.1060.
D. A wage determination must be made for all
classifications of labor used on a project. Where classes of labor expected to
be utilized in a county for which the prevailing wage determination is being
made are not all represented in the projects in item A, and not further
determined in item B, the wage rate must remain the same as previously
certified.
E. If work is performed
by a class of labor not defined by part
5200.1100, Master Job
Classifications, the Commissioner of Labor and Industry shall certify a wage
rate which reflects the most similar trade or occupation from the project wage
determination. Within 90 days, the Commissioner of Labor and Industry must
initiate the rulemaking procedure so that the classification will be defined in
the Master Job Classifications in part
5200.1100.
