Wyo. Code R. 053-0024-3
Effective Date: 03/20/1968 to 11/30/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0024.3.03201968
Section 1. Authority. These rules are promulgated by the Commissioner of Labor and Statistics of the State of Wyoming, as authorized by Section 4, Chapter 184, Session Laws of Wyoming 1967, and in addition pursuant to the Wyoming Administrative Procedure Act, Sections 9-276.19 to 9-276.33, Wyoming Statutes 1957, as amended.
Section 2. Definitions. All definitions set forth and contained in Chapter 184, Session Laws of Wyoming 1967, and amendments thereto, are incorporated herein by reference.
Section 3. Purpose and Scope. These rules are promulgated to set forth a suggested criteria, guideline and procedure for determination of wage rates pursuant to the Wyoming Prevailing Wage Act of 1967.
Section 4. Intent of Statutes and Rules. It is the intent of the Wyoming Prevailing Wage Act and these rules and regulations that a public body, in issuing a wage determination, must reflect the present prevailing wage of trades and crafts in a locality.
Section 5. Suggested Criteria for Wage Determination. The following types of information are a suggested guideline to be utilized by a public body in making a wage rate determination as required by Section 5a of the Wyoming Prevailing wage Act of 1967.
a. Ascertain and consider signed collective bargaining agreements for each trade and craft in the locality.
b. Ascertain and consider wage rates paid for same or similar work for each trade and craft in the locality paid within last twelve-month period which are not paid pursuant to a collective bargaining agreement. Such statements shall indicate names and addresses of contractors, including subcontractors, the location, dates of construction, type of work, the number of workers employed in each classification and the respective rates paid such workers.
c. Ascertain and consider wage rates determined for public construction by Federal officials pursuant to Federal prevailing wage legislation.
Section 6. Duration of Wage Determinations. Wage determinations initially issued by the public body shall be effective for six months from the date of such determination. If such wage determination is not used in the period of its effectiveness, it is void. If it appears that a wage determination may expire between bid opening and award, the public body should issue a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto.
Section 7. Scope of Consideration for Wage Determination.
a. In making a wage rate determination similar or same type of work completed more than one year prior to the date of request for determination may, but need not be, considered.
b. If there has been no similar work within the locality in which the wage determination is to be made within the past year, the public body shall consider the wage rates in adjacent localities.
Section 8. Responsibility of Public Body. The resident engineer, architect or other responsible public body official representing the public body who issues a wage determination and contract is responsible for insuring that:
a. Wage rate determinations are submitted to the Commissioner of Labor and Statistics as required by Section 6, Wyoming Prevailing Wage Act.
b. Applicable wage rate determinations are incorporated in all contract specifications for all contractors and sub-contractors.
c. Wage rate determinations are posted conspicuously on the job site.
Section 9. Payroll Form and Content. All payrolls should contain the following information:
a. The employee’s full name, address and social security number;
(1) The employee’s full name and social security number need only appear on the first payroll on which his name appears.
(2) The employee’s address need be shown only on the first submitted payroll on which his name appears, unless a change of address necessitates an additional submittal to reflect the new address;
b. The employee’s classification;
c. The employee’s hourly wage rate and, where applicable, his overtime hourly wage
rate; d. The daily and weekly hours worked in each classification, including actual overtime hours worked (not adjusted);
e. The itemized deductions made, health and welfare, pensions, vacation, etc.
f. The net wages paid.
Section 10. Classification Codes are Permitted. Contractors or sub-contractors may use appropriate codes to replace the classification names on submitted payrolls as required by Section 9 of these rules. In doing so, the contractor shall submit a copy of the classification code which he will use on a particular project to the public body which issued the contract and forward a copy to the Commissioner of Labor and Statistics. Upon request directly to the Commissioner of Labor and Statistics, a classification format will be supplied all contractors and sub-contractors.
Section 11. Doubtful Classification. Upon the public bodies’ own initiative or upon the Commissioner of Labor and Statistics’ own initiative, or upon the request of either the contractor, sub-contractor or employees, the public body or Commissioner of Labor and Statistics shall correct any clerical errors appearing in a wage determination included in a contract issued pursuant to the Wyoming
Section 12. Assistance by Commissioner of Labor and Statistics. The office of the Commissioner of Labor and Statistics for the State of Wyoming will, at all times, submit its files of statistical research and information to any public body to aid in the determination of a prevailing wage rate, including union contracts, job descriptions, classifications and other supporting data.
Section 13. Substantial Evidence to Support Wage Determination. The public body in issuing a wage determination shall attach sufficient evidence of a substantial nature which supports the wage determination. This will ensure a proper basis for review by either the Commissioner or the Courts.