Chapter IV

 

RULES OF PRACTICE AND PROCEDURE

FOR THE CERTIFICATION OF RESIDENT CONTRACTORS

 

 

            Section 1.        Authority.

 

These Rules of Practice and Procedure are promulgated as authorized by W.S. 16-6-101(a)(ii) and W.S. 27-2-104(a)(v).

 

            Section 2.        General Provisions.

 

The purpose of the following rules is to ensure compliance with W.S. 16-6-101 through 16-6-102.

 

Section 3.        Definitions.

 

(a)             “Department” means the Department of Employment, State of Wyoming.

 

(b)       “Labor Standards” means Labor Standards, a program within the Department of Employment.

 

            Section 4.        Resident Documentation and Affidavits.

 

            (a)       A contractor may apply for a resident contractor certificate at any time.

 

            (b)       All contractors wishing to be certified as a resident contractor for purposes of receiving the five percent (5%) bid preference on public works construction projects shall complete and submit the documents and affidavit(s) required by Labor Standards, a program within the Department of Employment.  No residency preference shall be granted to any contractor who has not been certified as a resident contractor by Labor Standards.  No residency preference shall be given to any contractor who has not participated in the prevailing wage survey as required by W.S. 27-4-405(a).

 

            (c)       Upon request by Labor Standards, applicants and certificate holders shall submit any additional information or documentation that Labor Standards may deem necessary to determine residency eligibility.

 

            (d)       A contractor shall not be certified as a resident contractor until the certificate of residency has been issued by Labor Standards.

 

            Section 5.        Notification of Changes.

 

            (a)       Resident certificate holders are required to notify Labor Standards in writing within thirty (30) calendar days of any of the following changes:

 

                        (i)        Sole Proprietorships

 

                                    (A)      Any change in the mailing address or street address of the owner of the sole proprietorship.

 

                                    (B)       Any change of ownership of the sole proprietorship.

 

                                    (C)       Any change in the business address of the sole proprietorship.

 

                        (ii)       Partnerships or Associations

 

                                    (A)      Any change in the mailing address or street address of any partner of the partnership or member of the association.    

 

                                    (B)       Any change of partners of the partnership or members of the association.

 

                                    (C)       Any change in the business address of the partnership or the association.

 

                        (iii)      Limited Partnerships

           

                                    (A)      Any change in the mailing address or street address of any of the general partners of the limited partnership.

 

                                    (B)       Any change of the general partners of the limited partnership.

 

                                    (C)       Any change in the business address of the limited partnership.

 

                        (iv)      Registered Limited Liability Partnership

 

                                    (A)      Any change in the mailing address or street address of any of the members of the registered limited liability partnership.

 

                                    (B)       Any change in the membership of the registered limited liability partnership.

 

                                    (C)       Any change in the business address of the registered limited liability partnership.

 

                        (v)       Limited Liability Company

 

                                    (A)      Any change in the mailing address or street address of any of the managing members or appointed managers of the limited liability company.

 

                                    (B)       Any changes in the managing members or appointed managers of the limited liability company.

 

                                    (C)       Any changes in the business address of the limited liability company.

 

 

                        (vi)      Corporations

 

                                    (A)      Any change in the mailing address or street address of the president of the corporation.

 

                                    (B)       Any change of the president of the corporation.

 

                                    (C)       Any change of the business address of the corporation.

 

            Section 6.        Principal Office and Principal Place of Business.

 

            (a)       The principal office and principal place of business shall be permanently and physically located within the State of Wyoming.

 

            (b)       The principal office and principal place of business of a sole proprietorship, partnership, limited partnership, registered limited liability partnership, limited liability company or corporation means the headquarters or administrative center where substantially all of the business activities are conducted and or controlled.

 

            Section 7.        Investigations.

 

            (a)       Upon its own initiative or upon receipt of a written complaint, Labor Standards may investigate an applicant or certificate holder to determine compliance under W.S. 16-6-101 and W.S. 16-6-102.

 

            (b)       Upon completion of its investigation, Labor Standards shall make a determination as to whether the applicant or certificate holder is in compliance with the provisions of W.S. 16-6-101 and W.S. 16-6-102.

 

            Section 8.        Notice of Determination.

 

            (a)       Labor Standards shall notify the subject applicant or certificate holder in writing of its determination.

 

            (b)       Where the investigation was initiated by a complaint, Labor Standards shall notify the complainant of its determination.

 

            (c)       Where Labor Standards makes a determination that the applicant or certificate holder is not in compliance with either W.S. 16-6-101 or 16-6-102, Labor Standards shall include in its determination a notification of its intent to deny or revoke the certificate of residency.  Labor Standards shall also inform the applicant or certificate holder of the opportunity to request a fair hearing regarding the determination.

 

            Section 9.        Request for Fair Hearing.

 

            (a)       A request for a hearing must be in writing and received by Labor Standards within thirty (30) calendar days of the applicant or certificate holder's receipt of the Labor Standards’ Notice of Determination.

 

            (b)       Where the applicant or certificate holder does not request a hearing within the thirty (30) calendar days, Labor Standards either shall deny or revoke the certificate of residency.  Labor Standards denial or revocation of the certificate of residency shall constitute the final agency action subject to judicial review.

 

            Section 10.      Independent Hearing Officer.  Upon receipt of a timely submitted written request for hearing, Labor Standards shall contract with an independent hearing officer to conduct a fair hearing in accordance with the Wyoming Administrative Procedures Act, W.S. 16-3-107 through 16-3-115.

 

            Section 11.      Recommended Decision.

 

            (a)       Within thirty (30) days of the fair hearing, the hearing officer shall issue a recommended decision and send a copy to each party.

 

            (b)       Any party to the fair hearing may file an exception to the hearing officer's recommended decision with Labor Standards.  Exceptions must be received by Labor Standards within thirty (30) calendar days of the issue date of the recommended decision.  Exceptions not timely received will not be reviewed or considered.

 

            (c)       A party may file a brief in support of its timely filed exception.  The brief in support of the exception may be filed with the exception or separately.  A separately filed brief must be received by Labor Standards within thirty (30) calendar days of the issue date of the recommended decision.  Briefs not timely received will not be reviewed or considered.

 

            (d)       A party, in either its exception or brief in support of the exception, may request that Labor Standards conduct oral arguments regarding its exception to the recommended decision.  Oral arguments may be held at the sole discretion of Labor Standards.

 

            (e)       Labor Standards shall notify all parties by certified mail of its decision whether or not to conduct oral arguments.

 

            (f)        Where a request for oral arguments is granted, Labor Standards shall conduct oral arguments within twenty (20) calendar days of the notification to the parties.

 

            Section 12.      Final Agency Decision.

 

            (a)       Where no exception to the recommended decision is timely filed, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (b)       Where an exception to the recommended decision is timely filed but no request for oral arguments is filed, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (c)       Where an exception to the recommended decision and a request for oral arguments is timely filed, Labor Standards may either grant or deny the request for oral arguments.

 

                        (i)        Granted:  Where the request for oral arguments is granted, Labor Standards shall issue its final agency decision within thirty (30) calendar days after the conclusion of the oral arguments.

 

                        (ii)       Denied:  Where the request for oral arguments is denied, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (d)       In its final agency decision, Labor Standards may accept, reject, or modify the hearing officer's recommended decision.   The final agency decision shall constitute Labor Standards final action.

 

            Section 13.      Notification of Final Agency Decision.

 

Labor Standards shall notify all parties by certified mail of its decision to deny or revoke the certificate of residency.

 

 

 

 

 

 

 

 

 

 

 

 

Chapter IV

 

RULES OF PRACTICE AND PROCEDURE

FOR THE CERTIFICATION OF RESIDENT CONTRACTORS

 

 

            Section 1.        Authority.

 

These Rules of Practice and Procedure are promulgated as authorized by W.S. 27-2-104(a)(v).

 

            Section 2.        General Provisions.

 

The purpose of the following rules is to ensure compliance with W.S. 16-6-101 through 16-6-102.

 

Section 3.        Definitions.

 

(b)            “Department” means the Department of Employment, State of Wyoming.

 

(b)       “Labor Standards” means Labor Standards, a program within the Department of Employment.

 

            Section 4.        Resident Documentation and Affidavits.

 

            (a)       A contractor may apply for a resident contractor certificate at any time.

 

            (b)       All contractors wishing to be certified as a resident contractor for purposes of receiving the five percent (5%) bid preference on public works construction projects shall complete and submit the documents and affidavit(s) required by Labor Standards, a program within the Department of Employment.  No residency preference shall be granted to any contractor who has not been certified as a resident contractor by Labor Standards.  No residency preference shall be given to any contractor who has not participated in the prevailing wage survey as required by W.S. 27-4-405(a).

 

            (c)       Upon request by Labor Standards, applicants and certificate holders shall submit any additional information or documentation that Labor Standards may deem necessary to determine residency eligibility.

 

            (d)       A contractor shall not be certified as a resident contractor until the certificate of residency has been issued by Labor Standards.

 

            Section 5.        Notification of Changes.

 

            (a)       Resident certificate holders are required to notify Labor Standards in writing within thirty (30) calendar days of any of the following changes:

 

                        (i)        Sole Proprietorships

 

                                    (A)      Any change in the mailing address or street address of the owner of the sole proprietorship.

 

                                    (B)       Any change of ownership of the sole proprietorship.

 

                                    (C)       Any change in the business address of the sole proprietorship.

 

                        (ii)       Partnerships or Associations

 

                                    (A)      Any change in the mailing address or street address of any partner of the partnership or member of the association.    

 

                                    (B)       Any change of partners of the partnership or members of the association.

 

                                    (C)       Any change in the business address of the partnership or the association.

 

                        (iii)      Limited Partnerships

           

                                    (A)      Any change in the mailing address or street address of any of the general partners of the limited partnership.

 

                                    (B)       Any change of the general partners of the limited partnership.

 

                                    (C)       Any change in the business address of the limited partnership.

 

                        (iv)      Registered Limited Liability Partnership

 

                                    (A)      Any change in the mailing address or street address of any of the members of the registered limited liability partnership.

 

                                    (B)       Any change in the membership of the registered limited liability partnership.

 

                                    (C)       Any change in the business address of the registered limited liability partnership.

 

                        (v)       Limited Liability Company

 

                                    (A)      Any change in the mailing address or street address of any of the managing members or appointed managers of the limited liability company.

 

                                    (B)       Any changes in the managing members or appointed managers of the limited liability company.

 

                                    (C)       Any changes in the business address of the limited liability company.

 

 

                        (vi)      Corporations

 

                                    (A)      Any change in the mailing address or street address of the president of the corporation.

 

                                    (B)       Any change of the president of the corporation.

 

                                    (C)       Any change of the business address of the corporation.

 

            Section 6.        Office and Place of Business.

 

            (a)       The office and place of business shall be permanently and physically located within the State of Wyoming.

 

            (b)       The office and place of business of a sole proprietorship, partnership, limited partnership, registered limited liability partnership, limited liability company or corporation means the headquarters or administrative center where business activities are conducted or controlled.

 

            Section 7.        Investigations.

 

            (a)       Upon its own initiative or upon receipt of a written complaint, Labor Standards may investigate an applicant or certificate holder to determine compliance under W.S. 16-6-101 and W.S. 16-6-102.

 

            (b)       Upon completion of its investigation, Labor Standards shall make a determination as to whether the applicant or certificate holder is in compliance with the provisions of W.S. 16-6-101 and W.S. 16-6-102.

 

            Section 8.        Notice of Determination.

 

            (a)       Labor Standards shall notify the subject applicant or certificate holder in writing of its determination.

 

            (b)       Where the investigation was initiated by a complaint, Labor Standards shall notify the complainant of its determination.

 

            (c)       Where Labor Standards makes a determination that the applicant or certificate holder is not in compliance with either W.S. 16-6-101 or 16-6-102, Labor Standards shall include in its determination a notification of its intent to deny or revoke the certificate of residency.  Labor Standards shall also inform the applicant or certificate holder of the opportunity to request a fair hearing regarding the determination.

 

            Section 9.        Request for Fair Hearing.

 

            (a)       A request for a hearing must be in writing and received by Labor Standards within thirty (30) calendar days of the applicant or certificate holder's receipt of the Labor Standards’ Notice of Determination.

 

            (b)       Where the applicant or certificate holder does not request a hearing within the thirty (30) calendar days, Labor Standards either shall deny or revoke the certificate of residency.  Labor Standards denial or revocation of the certificate of residency shall constitute the final agency action subject to judicial review.

 

            Section 10.      Independent Hearing Officer.  Upon receipt of a timely submitted written request for hearing, Labor Standards shall contract with an independent hearing officer to conduct a fair hearing in accordance with the Wyoming Administrative Procedures Act, W.S. 16-3-107 through 16-3-115.

 

            Section 11.      Recommended Decision.

 

            (a)       Within thirty (30) days of the fair hearing, the hearing officer shall issue a recommended decision and send a copy to each party.

 

            (b)       Any party to the fair hearing may file an exception to the hearing officer's recommended decision with Labor Standards.  Exceptions must be received by Labor Standards within thirty (30) calendar days of the issue date of the recommended decision.  Exceptions not timely received will not be reviewed or considered.

 

            (c)       A party may file a brief in support of its timely filed exception.  The brief in support of the exception may be filed with the exception or separately.  A separately filed brief must be received by Labor Standards within thirty (30) calendar days of the issue date of the recommended decision.  Briefs not timely received will not be reviewed or considered.

 

            (d)       A party, in either its exception or brief in support of the exception, may request that Labor Standards conduct oral arguments regarding its exception to the recommended decision.  Oral arguments may be held at the sole discretion of Labor Standards.

 

            (e)       Labor Standards shall notify all parties by certified mail of its decision whether or not to conduct oral arguments.

 

            (f)        Where a request for oral arguments is granted, Labor Standards shall conduct oral arguments within twenty (20) calendar days of the notification to the parties.

 

            Section 12.      Final Agency Decision.

 

            (a)       Where no exception to the recommended decision is timely filed, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (b)       Where an exception to the recommended decision is timely filed but no request for oral arguments is filed, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (c)       Where an exception to the recommended decision and a request for oral arguments is timely filed, Labor Standards may either grant or deny the request for oral arguments.

 

                        (i)        Granted:  Where the request for oral arguments is granted, Labor Standards shall issue its final agency decision within thirty (30) calendar days after the conclusion of the oral arguments.

 

                        (ii)       Denied:  Where the request for oral arguments is denied, Labor Standards shall issue its final agency decision within thirty (30) calendar days from the end of the exception filing period.

 

            (d)       In its final agency decision, Labor Standards may accept, reject, or modify the hearing officer's recommended decision.   The final agency decision shall constitute Labor Standards final action.

 

            Section 13.      Notification of Final Agency Decision.

 

Labor Standards shall notify all parties by certified mail of its decision to deny or revoke the certificate of residency.

 

 

 

 

 

 

 

 

 

 

 

 

Chapter VI

 

RULES OF PRACTICE AND PROCEDURE

FOR COMPUTING AND DETERMINING

WYOMING’S PREVAILING WAGE RATES

 

 

            Section 1.        Authority.

 

These rules and regulations are promulgated and enacted by the Department of Employment pursuant to W.S. 27-4-404 of the Wyoming Prevailing Wage Act of 1967, as amended, and in accordance with W.S. 16-3-115 of the Wyoming Administrative Procedures Act.

 

            Section 2.        Purpose and Scope.

 

These rules and regulations are promulgated to assist the Department of Employment in its duty to enforce laws enacted by the legislature relating to labor and to set forth a procedure for computing and determining the wage rates as is required by W.S. 27-4-404 of the Prevailing Wage Act of 1967, as amended.

 

            Section 3.        Definitions.

                       

 By reference, all definitions set forth in W.S. 27-4-402 are incorporated herein.  Specifically, the following definitions are set forth:

 

            (a)         “Act” means the Wyoming Prevailing Wage Act of 1967, W.S. 27-4-401 through 27-4-413, as amended.

 

            (b)         “Department” means the Department of Employment.

 

(c)          “Director” means the Director of the Department of Employment or his/her designee.

 

            (d)          “Journeyman Level Worker” means a worker with sufficient experience and training in his or her trade to be proficient in the skills necessary to perform all aspects of the trade.

 

(e)          “Building Construction” means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration or repair of any public building fairly estimated to cost twenty-five thousand dollars ($25,000.00) one hundred thousand dollars ($100,000.00) or more.

 

(f)           “Heavy and Highway Construction” means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration or repair of any heavy or highway project fairly estimated to cost twenty-five thousand dollars ($25,000.00) one hundred thousand dollars ($100,000.00) or more.

 

(g)          “Survey” means an instrument to ascertain the Prevailing hourly rate of wages for the construction trades through data collection of relevant hourly wages paid to workman.

 

(i)           “Fringe Benefits” means the usual and customary benefits paid to workman in addition to wages as set forth in Section 10 of these rules.

 

(j)           “Moving Average Wage Adjustment” means an adjustment made to the Prevailing hourly rate of wages to allow for economic fluctuations when sufficient data has not been provided for a certain job classifications or when survey data results in a higher wage rate for a lower-skill group(s) than a higher-skill group(s) in the classifications of laborers, operating engineers, equipment operators, and/or teamsters (truck drivers).

 

(k)          “Base Wage Rate” means the Prevailing hourly rate of wages less Fringe Benefits.

 

Section 4.        Annual Surveys.

 

Surveys will be sent annually to the appropriate employers and employee organizations for purposes of determining the annual Prevailing hourly rate of wages.

 

(a)       For the purposes of determining the annual Prevailing hourly rate of wages for the Building Construction trades, surveys will be conducted in September to collect total number of hours worked by classification of worker for the period of September 1st of the previous year through August 30th of the current year plus the most recent rate of pay which includes fringe benefits by classification of worker for the survey period.

 

(b)       For the purposes of determining the annual Prevailing hourly rate of wages for the Heavy and Highway Construction trades, surveys will be conducted in September to collect total number of hours worked by classification of worker for the period of September 1st of the previous year through August 30th of the current year plus the most recent rate of pay which includes fringe benefits by classification of worker for the survey period.

 

 

 

 

 

Section 5.        Survey Types.

 

There shall be two separate surveys constructed to determine the Prevailing hourly rate of wages, one survey for Building Construction and another for Heavy and Highway Construction as follows:

 

            (a)       A survey to determine the Prevailing hourly rate of wages for Building Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration or repair of public works projects or other large commercial projects.

 

            (b)       A survey to determine the Prevailing hourly rate of wages for Heavy and Highway Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration or repair of major heavy and/or highway projects.

 

 

Section 6.        Who is to be Surveyed.

 

For the purpose of determining the Prevailing hourly rate of wages, surveys shall collect data on wages paid to journeyman.

 

            Section 7.        Computation of Base Wage Rate.

 

The Base Wage Rate shall be computed according to the formula and considerations set forth below:

 

(a)       The rate of wages paid in the locality (as defined in the Act) in which the work is to be performed, to the majority of those employed in that classification in construction in the locality similar to the proposed undertaking.  A distinction shall be recognized, based on area practice within the State, between the following types of construction and job classifications typically associated with them:

 

(i)        Building Construction;

 

(ii)       Heavy and Highway Construction

 

(b)       When fifty percent (50%) or more of those employed in a classification are paid at the same rate, that rate shall be the Base Wage Rate for that job classification.

 

            (c)       In the event that not more than fifty percent (50%) of employees in a classification are paid at the same rate, then the rate paid to the greater number shall be used.  The greater number must be at least thirty percent (30%) of those employed.

 

(d)       In the event that less that the thirty percent (30%) threshold of Subsection (c) above is not met, then an average rate shall be used.

 

            (i)        The average rate for each classification in a locality shall be the rate obtained by:

 

                        (a)       Adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers.

 

                        Ex:      AVERAGE RATE 1 = TOTAL HOURLY RATES PAID

                                                                    TOTAL NUMBER OF WORKERS

(b)       Dividing the total wages paid by the total number of hours worked in the classification.

 

                        Ex:      AVERAGE RATE 2 = TOTAL DOLLAR WAGES PAID

                                                                        TOTAL HOURS WORKED

 

(c)       Then the Base Wage Rate will be the average of AVERAGE RATE 1 and AVERAGE RATE 2:

 

                        Ex:      BASE WAGE RATE = AVERAGE RATE 1 + AVERAGE RATE 2

                                                                                                2

Section 8.        Moving Average Wage Adjustment.

 

            The Department, in establishing a Prevailing hourly rate of wages, shall provide for a Moving Average Wage Adjustment as follows:

 

(a)             When the results of the survey, as calculated in Section 7, does not provide sufficient data to establish a prevailing hourly rate of wages for a classification, the following wage adjustment will be applied:

 

 WCLI(current year)

                         WCLI(previous year) x 100

 

(b)            When survey data, as calculated in Section 7, or the prevailing hourly wage rate as calculated in Section 8(a), results in a higher prevailing hourly rate of wages for a lower-skill group(s) than a higher-skill group(s) in the classification of laborers, operating engineers, equipment operators, and/or teamsters (truck drivers), the following may be applied and become the prevailing hourly rate of wages for the higher-skill group(s):

 

(i)        The department may, in consultation with and in accordance with recommendations from an independent statistician or economist,  review the wages within all groups within the classification and across wage districts and determine the averages within the classification.  The resulting averages may then be applied to the group(s) in question and become the prevailing wage for that group(s) in the classification for that year.

 

 

           

            Section 9.       Fringe Benefits.

 

            The Prevailing hourly rate of wages shall include bona fide fringe benefits set forth as follows:

 

(a)             Medical and dental payments or hospital care;

 

(b)            Pensions on retirement or death;

 

(c)             Disability benefits and life insurance;

 

(d)            Vacation and holiday pay;

 

(e)             Apprenticeship or other United States Bureau of Apprenticeship and Training approved training program or as approved by the department of transportation and federal highway administration;

 

(f)             Annuity or other 401K plans.

 

            Section 10.      Notice of Determination.

 

            The Department shall provide notice of the determination of the Prevailing hourly rate of wages:

 

                        (a)       To the general public by publication in a newspaper of statewide circulation;

 

                        (b)       By certified mail to each state agency;

 

            (c)       By certified mail to any employer who has filed a written request with the director;

 

            (d)       By certified mail to any employee organization who has filed a written request with the director; and

 

            (e)       By certified mail to any person who has filed a written request with the director.

 

 

 

 

 

 

 

 

Chapter VI

 

RULES OF PRACTICE AND PROCEDURE

FOR COMPUTING AND DETERMINING

WYOMING’S PREVAILING WAGE RATES

 

 

            Section 1.        Authority.

 

These rules and regulations are promulgated and enacted by the Department of Employment pursuant to W.S. 27-4-404 of the Wyoming Prevailing Wage Act of 1967, as amended, and in accordance with W.S. 16-3-115 of the Wyoming Administrative Procedures Act.

 

            Section 2.        Purpose and Scope.

 

These rules and regulations are promulgated to assist the Department of Employment in its duty to enforce laws enacted by the legislature relating to labor and to set forth a procedure for computing and determining the wage rates as is required by W.S. 27-4-404 of the Prevailing Wage Act of 1967, as amended.

 

            Section 3.        Definitions.

                       

 By reference, all definitions set forth in W.S. 27-4-402 are incorporated herein.  Specifically, the following definitions are set forth:

 

            (a)         “Act” means the Wyoming Prevailing Wage Act of 1967, W.S. 27-4-401 through 27-4-413, as amended.

 

            (b)         “Department” means the Department of Employment.

 

(c)          “Director” means the Director of the Department of Employment or his/her designee.

 

            (d)          “Journeyman Level Worker” means a worker with sufficient experience and training in his or her trade to be proficient in the skills necessary to perform all aspects of the trade.

 

(e)          “Building Construction” means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration or repair of any public building fairly estimated to cost one hundred thousand dollars ($100,000.00) or more.

 

(f)           “Heavy and Highway Construction” means the construction generally needed to perform construction, reconstruction, improvement, enlargement, alteration or repair of any heavy or highway project fairly estimated to cost one hundred thousand dollars ($100,000.00) or more.

 

(g)          “Survey” means an instrument to ascertain the Prevailing hourly rate of wages for the construction trades through data collection of relevant hourly wages paid to workman.

 

(i)           “Fringe Benefits” means the usual and customary benefits paid to workman in addition to wages as set forth in Section 10 of these rules.

 

(j)           “Moving Average Wage Adjustment” means an adjustment made to the Prevailing hourly rate of wages to allow for economic fluctuations when sufficient data has not been provided for a certain job classifications or when survey data results in a higher wage rate for a lower-skill group(s) than a higher-skill group(s) in the classifications of laborers, operating engineers, equipment operators, and/or teamsters (truck drivers).

 

(k)          “Base Wage Rate” means the Prevailing hourly rate of wages less Fringe Benefits.

 

Section 4.        Annual Surveys.

 

Surveys will be sent annually to the appropriate employers and employee organizations for purposes of determining the annual Prevailing hourly rate of wages.

 

(a)       For the purposes of determining the annual Prevailing hourly rate of wages for the Building Construction trades, surveys will be conducted in September to collect total number of hours worked by classification of worker for the period of September 1st of the previous year through August 30th of the current year plus the most recent rate of pay which includes fringe benefits by classification of worker for the survey period.

 

(b)       For the purposes of determining the annual Prevailing hourly rate of wages for the Heavy and Highway Construction trades, surveys will be conducted in September to collect total number of hours worked by classification of worker for the period of September 1st of the previous year through August 30th of the current year plus the most recent rate of pay which includes fringe benefits by classification of worker for the survey period.

 

 

 

 

 

Section 5.        Survey Types.

 

There shall be two separate surveys constructed to determine the Prevailing hourly rate of wages, one survey for Building Construction and another for Heavy and Highway Construction as follows:

 

            (a)       A survey to determine the Prevailing hourly rate of wages for Building Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration or repair of public works projects or other large commercial projects.

 

            (b)       A survey to determine the Prevailing hourly rate of wages for Heavy and Highway Construction shall be sent to employers and employee organizations engaged in construction, reconstruction, improvement, enlargement, alteration or repair of major heavy and/or highway projects.

 

 

Section 6.        Who is to be Surveyed.

 

For the purpose of determining the Prevailing hourly rate of wages, surveys shall collect data on wages paid to journeyman.

 

            Section 7.        Computation of Base Wage Rate.

 

The Base Wage Rate shall be computed according to the formula and considerations set forth below:

 

(a)       The rate of wages paid in the locality (as defined in the Act) in which the work is to be performed, to the majority of those employed in that classification in construction in the locality similar to the proposed undertaking.  A distinction shall be recognized, based on area practice within the State, between the following types of construction and job classifications typically associated with them:

 

(i)        Building Construction;

 

(ii)       Heavy and Highway Construction

 

(b)       When fifty percent (50%) or more of those employed in a classification are paid at the same rate, that rate shall be the Base Wage Rate for that job classification.

 

            (c)       In the event that not more than fifty percent (50%) of employees in a classification are paid at the same rate, then the rate paid to the greater number shall be used.  The greater number must be at least thirty percent (30%) of those employed.

 

(d)       In the event that less that the thirty percent (30%) threshold of Subsection (c) above is not met, then an average rate shall be used.

 

            (i)        The average rate for each classification in a locality shall be the rate obtained by:

 

                        (a)       Adding the hourly rates paid to all workers in the classification and dividing by the total number of such workers.

 

                        Ex:      AVERAGE RATE 1 = TOTAL HOURLY RATES PAID

                                                                    TOTAL NUMBER OF WORKERS

(b)       Dividing the total wages paid by the total number of hours worked in the classification.

 

                        Ex:      AVERAGE RATE 2 = TOTAL DOLLAR WAGES PAID

                                                                        TOTAL HOURS WORKED

 

(c)       Then the Base Wage Rate will be the average of AVERAGE RATE 1 and AVERAGE RATE 2:

 

                        Ex:      BASE WAGE RATE = AVERAGE RATE 1 + AVERAGE RATE 2

                                                                                                2

Section 8.        Moving Average Wage Adjustment.

 

            The Department, in establishing a Prevailing hourly rate of wages, shall provide for a Moving Average Wage Adjustment as follows:

 

(c)             When the results of the survey, as calculated in Section 7, does not provide sufficient data to establish a prevailing hourly rate of wages for a classification, the following wage adjustment will be applied:

 

 WCLI(current year)

                         WCLI(previous year) x 100

 

(d)            When survey data, as calculated in Section 7, or the prevailing hourly wage rate as calculated in Section 8(a), results in a higher prevailing hourly rate of wages for a lower-skill group(s) than a higher-skill group(s) in the classification of laborers, operating engineers, equipment operators, and/or teamsters (truck drivers), the following may be applied and become the prevailing hourly rate of wages for the higher-skill group(s):

 

(i)        The department may, in consultation with and in accordance with recommendations from an independent statistician or economist,  review the wages within all groups within the classification and across wage districts and determine the averages within the classification.  The resulting averages may then be applied to the group(s) in question and become the prevailing wage for that group(s) in the classification for that year.

 

 

           

            Section 9.       Fringe Benefits.

 

            The Prevailing hourly rate of wages shall include bona fide fringe benefits set forth as follows:

 

(g)            Medical and dental payments or hospital care;

 

(h)            Pensions on retirement or death;

 

(i)              Disability benefits and life insurance;

 

(j)              Vacation and holiday pay;

 

(k)            Apprenticeship or other United States Bureau of Apprenticeship and Training approved training program or as approved by the department of transportation and federal highway administration;

 

(l)              Annuity or other 401K plans.

 

            Section 10.      Notice of Determination.

 

            The Department shall provide notice of the determination of the Prevailing hourly rate of wages:

 

                        (a)       To the general public by publication in a newspaper of statewide circulation;

 

                        (b)       By certified mail to each state agency;

 

            (c)       By certified mail to any employer who has filed a written request with the director;

 

            (d)       By certified mail to any employee organization who has filed a written request with the director; and

 

            (e)       By certified mail to any person who has filed a written request with the director.

 

 

 

 

 

 

 

 

CERTIFICATION PAGE FOR RULES

 

Adoption date: January 25, 2008

 

To guarantee review by the Secretary of State within the 75 day deadline, this package must be submitted to the Secretary of State by: April 9, 2008

 

GENERAL INFORMATION:

 

1.         Agency:          Department of Employment, Labor Standards Program

            Address:          1510 East Pershing Blvd., Cheyenne, WY  82002

            Contact Person:          Charles A. Rando, Administrator

            Work Telephone:        (307)777-6370

 

2.         Are these new rules? ("new" – means the first set of regular rules to be promulgated by this agency after the Legislature adopted a new statutory provision or significantly amended an existing statute.  Yes ___ No _X__

 

3.         Chapter # and name of rules being created, amended or repealed: Chapter IV, Rules of Practice and Procedure for the Certification of Resident Contractors and Chapter VI, Rules of Practice and Procedure for Computing and Determining Wyoming’s Prevailing Wage Rates.

 

4.         Does this rule replace an existing rule?  Yes _X___ No ____ If yes, which chapter(s)?

Chapter IV, Rules of Practice and Procedure for the Certification of Resident Contractors, Section 1, Section 4 (b), and Section 6 (a) and (b) and Chapter VI, Rules of Practice and Procedure for Computing and Determining Wyoming’s Prevailing Wage Rates, Section 3 (e) and (f).

 

NOTICE OF INTENDED RULEMAKING TO AG, LSO AND SECRETARY OF STATE

 

5.         Notice of intended rulemaking containing all of the information required by W.S. 16-3-103(a) was filed with the Secretary of State on:  December 3, 2007

 

6.         Notice of intended rulemaking and proposed rules in strike and underscore format were provided to the Legislative Service Office and courtesy copies of the notice and proposed rules were provided to the Attorney General and the Governor on: December 3, 2007

 

PUBLIC NOTICE OF INTENDED RULEMAKING:

 

7.         Yes _X_ No __ (If applicable) Notice was mailed 45 days in advance to all persons who made a timely request for advance notice.  Notice of Intended Rulemaking was also published in the Casper Star Tribune on December 5, 2007.  The agency did not receive any comments or objections to its intended rulemaking.

 

8.         Yes __ No X_A public hearing was held on the proposed rules on: __________

 

 

 

FINAL FILING OF RULES

 

9.         Yes _X_ No__ A disk with an exact copy of the attached rules is attached.

 

10.       Final rules with original signatures were sent to the Attorney General's Office for the Governor's signature on: January 25, 2008

 

11.       Final rules were sent to the Legislative Services Office on: January 25, 2008

 

CERTIFICATION BY AGENCY:

 

The undersigned certifies that the foregoing information is correct.

 

Date _____________________         __________________________________________

                                                            Gary W. Child, Director

                                                            Department of Employment

 

GOVERNOR'S CERTIFICATION

 

I have reviewed these rules and determined that they:

 

(1)  are within the scope of the statutory authority delegated to the adopting agency; and

 

(2)  appear to be within the scope of the legislative purpose of the statutory authority.

 

Therefore, I approve the same.

 

 

_______________________________          ______________________________________

Date Approved                                               Governor

 

 

 

 

 

 

 

 

 

 

STATEMENT OF REASONS

 

 

The Department of Employment, Labor Standards Program is proposing to amend Chapter IV, Rules of Practice and Procedure for the Certification of Resident Contractors, Section 1, Section 4(b), and Section 6(a) and (b).  The Program is also proposing to amend Chapter VI, Rules of Practice and Procedure for Computing and Determining Wyoming’s Prevailing Wage Rates, Section 3(e) and (f).

 

The need for these amendments is to bring the rules in line with statutory changes that were made to certain labor laws by the legislature.  Enrolled Act #90 repealed W.S. 16-6-101(a)(ii) which is cited in Chapter IV, Section 1 of the current rules.  In addition, Enrolled Act #90 redefined “office and place of business”.  The change in Chapter IV, Section 6(a) and (b) is to reflect the change in the definition of “office and place of business”.  Chapter IV, Section 4(b) refers to resident contractors receiving five percent (5%) preference on public works contracts by being certified by the program as resident contractors.  Enrolled Act #65 amended W.S. 27-4-405(a) to state that for purposes of receiving the five percent preference, resident contractors must also show that they have participated in the prevailing wage survey.  The amendment to Chapter IV Section 4 (b) is to include the change in W.S. 27-4-405(a).

 

The need to amend Chapter VI, Section 3 (e) and (f) is to bring the contract dollar amount in line with the statutory change that was made in Enrolled Act #65.  This act of the legislature changed the amount of prevailing wage contracts from twenty-five thousand dollars ($25,000.00) to one hundred thousand dollars ($100,000.00). 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Comment Summary

 

The Department of Employment, Labor Standards Program is proposing amendments to Chapter IV, Rules of Practice and Procedure for the Certification of Resident Contractors, Section 1, Section 4(b), and Section 6(a) and (b).  In addition, the Department is proposing to amend Chapter VI, Rules of Practice and Procedure for Computing and Determining Wyoming’s Prevailing Wage Rates, Section 3(e) and (f). 

 

As part of the required process for the adoption of rules, the Department sent a Notice of Intent to Adopt Rules and Regulations to all interested parties on its mailing list and published notice in the Casper Star Tribune December 5, 2007.  No written comments were received within the forty-five (45) day comment period.

 

No public hearing was held since there were no comments or requests for a hearing.

 

 

Department’s Position: 

In consideration of the fact that no written comments or requests for a hearing were received  during the forty-five (45) day comment period, the Department of Employment, Labor Standards Program will proceed with final adoption of the amended rules to Chapter IV, Rules of Practice and Procedure for the Certification of Resident Contractors and Chapter VI, Rules of Practice and Procedure for Computing and Determining Wyoming’s Prevailing Wage Rates.