Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 170 - BUREAU OF LABOR STANDARDS › Chapter 13 - RULES GOVERNING THE ESTABLISHMENT AND USE OF FAIR MINIMUM WAGE RATES ON STATE CONSTRUCTION PROJECTS › Section 170-13-I - Definitions

Current through 2024-29, July 17, 2024
For purposes of the law and these rules, the following words
				  have these meanings:
A) "Appropriate
				circumstances", in relation to determination of a statewide market for a trade,
				means conditions of the labor market for the trade are such that a local or
				area rate cannot be determined using the procedure in Section
				IV(A) -(B).
B) "Benefits" means payments, other than
				wages, made to a worker or to a defined contribution plan or other third party
				on behalf of the worker. Benefits includes, but is not limited to, health and
				welfare contributions, pension, individual retirement account or other
				retirement contributions, vacation and other accumulated leave,
per
				diem
in lieu of wages, and registered apprenticeship training and
				education. Benefits does not include any payments required by law or provision
				of goods or services primarily for the benefit or convenience of the employer,
				such as general training or use of a company vehicle for work-related
				use.
C) "Board" means the Minimum
				Wage Rate on Construction Projects Board as established in Title
				26 MRSA
				§1307-A and constituted in this
				chapter.
D) "Bureau" means the
				Bureau of Labor Standards within the Department of Labor.
E) "Contractor" means an owner, executive, or
				manager of a company performing work in the construction industry.
F) "Days", as used in conjunction with the
				appellate process, means business days as scheduled by the Bureau.
G) "Director" means the Director of the
				Bureau of Labor Standards.
H)
				"Filing date" means the day on which the official wage determination is
				received by the requesting public agency or its representative.
I) "Like construction" means the categories
				of construction as enumerated in Section
				III. In establishing these categories
				the Bureau will use the North American Industry Classification System (NAICS)
				adopted by the U. S. Office of Management and Budget in 2017 including an
				addendum by the U.S. Bureau of Labor Statistics called the "BLS-Only NAICS
				Codes" that adds residential and non-residential categories for the specialty
				trades in NAICS group 238. The Bureau may combine classifications at different
				levels based on Davis-Bacon usage, advice of the Board, and accepted opinions
				of other experts in the field.
J)
				"
Per diem
in lieu of wages" means payments to a worker to
				cover personal expenses, that include, but are not limited to, meals, travel,
				and lodging, where the employer does not require a receipt or other
				documentation of actual expenses incurred by the worker.
K) "Registered Apprentice" means a person who
				is employed in a craft recognized as an apprenticeable trade and is registered
				by the Bureau of Apprenticeship and Training of the U.S. Department of Labor as
				employed in accordance with the standards established by that Bureau, or is
				registered by the Bureau of Employment Services of the Maine Department of
				Labor and is employed in accordance with its standards. Registered Apprentice
				does not include the holder of an apprentice license as issued by the Maine
				Department of Professional and Financial Regulation.
L) The term "2nd and 3rd week of July" means
				the 14 calendar-day period starting Sunday of the second full week in July. A
				full week runs from Sunday through Saturday. The period will start no earlier
				than July 8th nor no later than July
				14th.
M) "Temporary or emergency repairs" means
				construction activities that must be undertaken immediately upon discovery of
				the problem or the occurrence of the incident that caused the damage so as to
				prevent further damage or because the damage poses a threat to health and
				safety.
N) "Trade" means a
				construction work activity engaged in by an individual worker. In establishing
				trade definitions the Bureau will be guided by the Standard Occupational
				Classification Manual, version 2018, published by the US Office of Management
				and Budget. The Bureau may also be guided by Davis-Bacon usage, advice of the
				Board, and accepted opinions of other experts in the field.
O) "Wages" means payment(s) to the worker for
				work performed and includes bonuses and other payments based on work
				performance in accordance with Bureau and U. S. Department of Labor
				interpretations.
P) "Worker" means
				a person engaged in a construction trade that is eligible for coverage under a
				wage determination. It includes a work leader with some supervisory
				responsibility but whose primary responsibility is trades work. It excludes
				owner-operators who qualify as bona fide independent contractors.