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- 1. How does a contractor know if a construction project is a RI Public Works project?
- In Rhode Island Public Works refers to any public work consisting of grading, cleaning, demolishing, improvement, completion, repair, alteration or construction of any public road or any bridge or portion thereof or any heavy construction or any public works projects of any nature or kind whatsoever.
- 2. If a contractor bids on a RI Public Works construction project that will be using public funds under the amount of one thousand dollars ($1,000.00), do prevailing wages have to be paid?
- No, Prevailing Wage only applies to RI Public works projects that are in the amount of one thousand dollars ($1,000.00) or more. However, if the contractor submits two or more services before the completion of the project and the monies accumulate to or exceed one thousand dollars ($1,000.00), prevailing wages must be paid.
- 3. What are the laws and regulations that apply to RI Prevailing Wage contracts?
- Contractors working on RI Public Works construction projects must comply with R.I.G.L. 37-13, RI Prevailing Wage Rules and Regulations, and the Davis Bacon and related acts.
- 4.
Does the State make routine on site inspections?
- Yes, state investigators conduct routine investigations on RI Prevailing Wage job sites to verify that the proper prevailing wage rates are being paid to employees working on the project.
- 5.
How do contractors know what to classify their workers on a RI Prevailing Wage job site?
- Contractors must refer to the applicable Davis Bacon Prevailing Wage rate schedule to find the classification that coincides with the specific type of work being performed on the jobsite. If the classification of the work being performed on the jobsite is not listed in the Davis Bacon Prevailing Wage rate schedule, contracting officers may request an authorization of additional classification and rate from the US Department of Labor. For instructions on how to do so, you may go to the US DOL website, www.wdol.gov, click on library and then the Conformance Section for instructions and additional information.
- 6.
Where does the RI Prevailing Rate schedule originate from?
- Rhode Island adopts the Davis Bacon Wage Determinations from the US Department of Labor for all prevailing wage projects conducted in the state.
- 7.
Where can a contractor find the applicable Prevailing Wage cost per hour for the various trades that will be used when making a bid on a RI Public Works project?
- The contractor must refer to the applicable Davis Bacon Wage Determination rate schedule that can be found on the Federal Department of Labor and Training website at www.wdol.gov/dba.aspx#0. *Note: Previous Davis Bacon rate schedules may be found at www.wdol/archdba.aspx.
- 8.
How does a contractor know which rate schedule to use on a RI Prevailing Wage project?
- The prevailing wage rates are determined as of the date of the awarding of the contract for public works to the general contractor and shall remain effective until such time as those rates are modified. Contractors working on RI Prevailing Wage projects must adjust employees’ hourly rates every July 1st in accordance with any updated Davis Bacon rates.
- 9.
Do wage rates change every year?
- The trade rates may change at various times throughout the year. Contractors should check the Davis Bacon website www.wdol.gov/dba.aspx#0 for the rate that is applicable to the prevailing wage project they are working on.
- 10.
What forms are required on RI Prevailing Wage jobs?
- All contractors and sub-contractors are required to use the Rhode Island Certified Weekly Payroll forms and the RI Statement of Compliance found at www.dlt.ri.gov/pw/Forms.htm. Use of Federal forms or other state (MA, CT, etc.) forms are not acceptable.
- 11.
Should the base rate and the fringe rate be added together to define the cost of the prevailing wage rate per hour?
- The base rate and fringe rate must be added together to determine the total prevailing wage hourly rate. An employer may deduct bona fide fringe benefits from that rate. If there are no bona fide fringe benefits given, the employer must pay the full amount (the base plus the fringe benefit amount) in the hourly pay rate.
- 12. How do contractors calculate the hourly deduction or credit a contractor may take for the cost of bona fide fringe benefits that the company pays for an employee?
- In order to compute hourly fringe benefit credits, you may take the employers’ total cost of bona fide fringe benefits provided on an annual basis and divide that number by 2080 (40 hours x 52 weeks) or by actual hours worked (must be documented).
- 13.
Does it matter if I am a union or non-union contractor working on a Public works project?
- No, Prevailing Wage laws apply to all contractors regardless of any union affiliation.
- 14. Does Prevailing Wage apply to sub-contractors working on a public works project?
- Yes, Subcontractors working on site on a RI Public Works project must comply with all applicable rates, laws, rules and regulations
- 15.
When does overtime apply on a RI Public Works project?
- A contractor or subcontractor must pay employees overtime when they work over eight (8) hours in one day and/or over forty (40) hours in one week (whichever comes first).
- 16. How is the overtime rate calculated on a Public Works project?
- The overtime is calculated on the base rate and then the fringe benefit rate is added.
(SAMPLE ONLY OF OVERTIME CALCULATION) USE PROPER RATES
Roofer: Base rate: $30.00
Fringe Benefit: 15.00
To calculate the Overtime Rate: $30.00 x 1.5 = $45.00
Plus Fringe Benefit + 15.00
******
Hourly Overtime Rate $60.00
- 17.
Can a company pay their employees bi-monthly on a Public Works project?
- Employees working on RI prevailing wage projects must be paid on a weekly basis.
- 18.
When the company owner works on the job-site, does he/she need to be listed on the Certified Weekly Payroll form?
- Yes, an owner performing trade work on a RI Prevailing Wage jobsite must be listed on the RI Certified Weekly Payroll form.
- 19.
Is there a Supervisor rate for supervisors working on a Prevailing Wage jobsite?
- No, there is not a general supervisor rate. If a supervisor is performing the trade work of their subordinates, their prevailing wage rate must reflect the trade or trades they are supervising.
- 20.
If a contractor hires a subcontractor to do work on a RI Prevailing Wage project, should the contractor list that subcontractor their RI Certified Weekly Payroll form?
- No, only employees of the company should be listed on the RI Certified Weekly Payroll forms. Subcontractors must do their own separate RI Certified Weekly Payroll form listing all individuals working for the subcontractor on the Prevailing Wage jobsite.
- 21.
Is Prevailing Wage required on service and maintenance contracts?
- All service and maintenance contracts with the State of Rhode Island shall comply with the provisions of R.I.G.L. 37-13 where the contract price exceeds $1,000.00 and the work includes alterations, installation, repairs or construction. *Note: Please refer to the definition section of the Rules and Regulations relating to RI Prevailing Wage (http://www.dlt.ri.gov/pw/RulesRegs.ht) to determine if prevailing wage applies to the specific type of work being performed.
- 22.
What is the rate for an Apprentice working on a Public Works project?
- There is not a separate job classification for apprentices. The company and apprentice must be registered with the State of Rhode Island in a bona fide indentured Apprenticeship Program. Only then can the company take a deduction from the base portion (the fringe portion must be paid in full) of the Prevailing Wage rate for they must follow the Wage Progression chart that has been established for that particular apprentice.
For more information on Apprenticeship, please refer to the following website: www.dlt.ri.gov/apprenticeship. *Note: Unregistered or non-indentured apprentices or apprentices working out of ratio must be paid the FULL prevailing wage rate.
Sample Calculation of prevailing wage rate for Indentured Apprentices:
Electrician Sample Prevailing Wage rate: $40.00 base + $10.00 fringe
Electrician Apprentice at 50%: $20.00 base + $10.00 fringe = $30.00 ($40.00 x 50%)
- 23.
What is the ratio for an apprentice working on a RI Public Works project?
- The Apprentice Ratio applied to public works projects in this state shall be that ratio set and adopted by the Rhode Island Apprenticeship Council of the Department of Labor and Training. Additional information may be found at: www.dlt.ri.gov/apprenticeship.
- 24.
Are contractors or subcontractors required to employee apprentices on RI public works construction projects?
- Contractors or Subcontractors working on RI Public Works construction projects must employ apprentices required for the performance of an awarded public works contract when the contract is valued at one million dollars ($1,000,000). A list of registered sponsors may be found at: www.dlt.ri.gov/profregsonline/PROLentree1.aspx
- 25.
What can the worker do if they are not receiving proper pay on a RI Prevailing Wage project?
- An employee working on a state or municipal funded Prevailing Wage project who was not paid the proper rate may file a compliant with RI Department of Labor and Training - Professional Regulation Unit; Prevailing Wage Section. The complaint must be within 24 months of the completion of the project. In addition to the complaint form, evidence that the correct prevailing wage was not received must be submitted. If you would like to file a prevailing wage complaint, you may contact the Prevailing Wage Section at (401) 462-8580, option #7 to schedule an appointment.
- 26.
Do contractors and subcontractors need to have their workers OSHA-10 certified before working on Public Works construction projects of $100,000.00 or more?
- In accordance with R.I.G.L. 37-23, all employees working on-site on Public Works construction project with a total cost of one hundred thousand ($100,000) or more must have an OSHA ten-hour certification. A list of potential OSHA-10 trainers can be found at www.dlt.ri.gov/profregs.
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