Rhode Island Code of Regulations › Title 260 - Department of Labor and Training › Chapter 30 - Workforce Regulation and Safety › Subchapter 15 - Professional Regulation › Part 3 - Rules and Regulations Relating to Prevailing Wages › Section 260-RICR-30-15-3.4 - Rules and Regulations

Current through June 14, 2024
A. Any contractor
				 who has been awarded a contract for a public works project in excess of One
				 Thousand Dollars ($1,000), or any subcontractor performing work on said
				 project, shall be liable for the payment of the applicable Prevailing Wage
				 amount listed in the General Wage Decisions of the Davis-Bacon Act,
				  40 U.S.C. §
											3142  (2017), regardless of whether or not the
				 prevailing wages were listed in the contract between the contractor and the
				 awarding authority of the state or political sub-division, as required by law.
				 The Fringe Benefit Credit amount listed in the applicable General Wage
				 Decisions
				  40 U.S.C. §
											3142  (2017), always be paid in full as either
				 a bona fide Fringe Benefit Credit or cash equivalent or both.
B. Any contractor who has been awarded a
				 contract for a public works project in excess of One Thousand Dollars ($1,000),
				 shall be liable for the payment of prevailing wages regardless of whether or
				 not a subcontractor may be the primary obligor. The contractor shall ensure
				 that a subcontractor pays the prevailing wage to its employees and otherwise
				 complies with the provisions of R.I. Gen. Laws §
										37-13-1,
				 et seq.
C. Pursuant to R.I. Gen.
				 Laws §
										37-13-4,
				 all public works projects shall be done by contract. Before awarding a contract
				 for a public works project, an awarding authority shall first determine from
				 the Department of Labor and Training's website, Debarment List, whether the
				 proposed contractor has been debarred under R.I. Gen. Laws §
										37-13-14.1 and shall then disqualify all such debarred contractors. In addition, the
				 awarding authority shall notify all bidders that the Prevailing Wage is
				 required as a condition of the contract.
D. All alleged violations of noncompliance
				 with R.I. Gen. Laws Chapter 37-13 shall be made in writing, and on forms issued
				 by the Department of Labor and Training. The written complaints must be filed
				 with the Department of Labor and Training on the Department's written complaint
				 form within twenty-four (24) months of the completion of the project.
E. For apprentices registered pursuant to
				 R.I. Gen. Laws §
										28-45-1, et
				 seq ., a percentage of the Base Hourly Rate of Pay must be taken in accordance
				 with the scale listed in the apprentice's apprenticeship agreement. If the
				 employee is not registered as an apprentice pursuant to R.I. Gen. Laws §
										28-45-1, et
				 seq ., then the employee must be paid the full Prevailing Wage according to the
				 General Wage Decisions
				  40 U.S.C. §
											3142  (2017) for the classification of the
				 work actually performed. Moreover, all general contractors and subcontractors
				 who perform work on any public works contract awarded by the state and valued
				 at One Million Dollars ($1,000,000) or more shall employ apprentices required
				 for the performance of the awarded contract. The number of apprentices shall
				 comply with the apprentice to journey person ratio for each trade approved by
				 the Department of Labor and Training. State awarding authorities may determine
				 from the Department of Labor and Training's website, whether all contractors
				 and subcontractors have a registered apprenticeship program. Apprentices found
				 to be working outside of the applicable journey person to apprentice job site
				 ratios shall be paid at the full applicable journey person Prevailing
				 Wage.
F. Any proceeding to debar a
				 contractor from bidding on a public works project under the provisions of R.I.
				 Gen. Laws §
										37-13-14.1,
				 may be brought against the principals, officers, or successors in interest of
				 such contractor, where such principals, officers or successors in interest are
				 responsible for the violation of the prevailing wage requirements.
G. The Department of Labor and Training will
				 be guided by the General Wage Decisions
				  40 U.S.C. §
											3142  (2017), in accordance with R.I. Gen.
				 Laws §
										37-13-8.
H. In order to comply with R.I. Gen. Laws
				 §
										37-13-13,
				 contractors and subcontractors shall execute a fully completed RI Certified
				 Weekly Payroll Form, provided by the agency, for each week of work performed on
				 the project and shall furnish the fully executed RI Certified Weekly Payroll
				 Form to the awarding authority on a monthly basis for all work completed in the
				 preceding month. However, federal forms may be submitted to the Rhode Island
				 Department of Transportation. If the Department of Labor and Training
				 investigates any contractor awarded a contract from the Rhode Island Department
				 of Transportation, the contractor shall furnish the Department of Labor and
				 Training a fully executed certified payroll on the RI Certified Weekly Payroll
				 Form provided by the agency, within ten (10) days of request. All awarding
				 authorities shall furnish the Department of Labor and Training any requested
				 certified payroll within ten days of request. The Department of Labor and
				 Training may impose a penalty of up to Five Hundred Dollars ($500) for each
				 calendar day of noncompliance with this section.
I. In compliance with R.I. Gen. Laws §
										37-13-13,
				 when the general or primary contract is One Million Dollars ($1,000,000) or
				 more, each contractor or subcontractor shall maintain on the work site a fully
				 executed RI Certified Prevailing Wage Daily Log, listing the contractor's
				 employees employed each day on the public works site; the RI Certified
				 Prevailing Wage Daily Log shall be available for inspection on the public works
				 site at all times; this rule shall not apply to road, highway, or bridge public
				 works projects. Where applicable, contractors must furnish both the Rhode
				 Island Certified Prevailing Wage Daily Log, together with the Rhode Island
				 Weekly Certified Payroll, to the appropriate awarding authority. The Department
				 of Labor and Training may impose a penalty of up to Five Hundred Dollars ($500)
				 for each calendar day of noncompliance with this section; mere errors or
				 omissions in the RI Certified Prevailing Wage Daily Log shall not be grounds
				 for imposing a penalty under this section.
J. The Director of Labor and Training may
				 enter into consent agreements with contractors and/or subcontractors to resolve
				 all issues under R.I. Gen. Laws §
										37-13-1,
				 et seq.
K. In enforcing the
				 provisions of R.I. Gen. Laws §
										37-13-1,
				 et seq ., when any contractor or subcontractor fails to comply with R.I. Gen.
				 Laws §
										37-13-13(a)
				 and (b), the Director of Labor and Training
				 may order an awarding authority to withhold all future payments until such time
				 as the contractor or subcontractor has fully complied. The amount withheld from
				 any subcontractor shall be proportionate to the amount attributed or due the
				 offending subcontractor as determined by the awarding authority.
L. All service and maintenance contracts with
				 the State of Rhode Island or political subdivision therefore shall comply with
				 the provisions of R.I. Gen. Laws Chapter 37-13, where the contract price
				 exceeds One Thousand Dollars ($1,000) and the work includes alterations,
				 installation, repairs or construction. See §
										3.3     of this Part for
				 exceptions.
M. Each contractor
				 awarded a contract with a contract price in excess of One Thousand Dollars
				 ($1000) for public works, each subcontractor who performs work on public works
				 and each awarding authority awarding any such contract, shall keep those
				 certified weekly payroll records required by R.I. Gen. Laws §
										37-13-13 and on the forms set forth in §
										3.4(H)     of
				 this Part, in a safe and secure location for a period of five (5) years from
				 the date such work was performed. Certified weekly payroll records shall be
				 made available to the Director of the Department of Labor and Training within
				 ten (10) days of request to any contractor, subcontractor, or awarding
				 authority.
N. The prevailing rate
				 of wages and payments made to or on behalf of employees, as set forth in R.I.
				 Gen. Laws Chapter 37-13, for general contractors and subcontractors, shall be
				 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 pursuant to R.I. Gen. Laws §
										37-13-8.
O. The Department of Labor and Training, in
				 making its investigation and determination of prevailing wages pursuant to R.I.
				 Gen. Laws §
										37-13-8,
				 shall not determine or address jurisdictional disputes between trade or
				 trades.
P. All alleged violations
				 of non-compliance with R.I. Gen. Laws Chapter 37-13, filed with the Department
				 of Labor and Training shall include information sufficient to establish a prima
				 facie claim, and the Department may reject any complaint that does not
				 establish such claim. This information shall include, but shall not be limited
				 to: evidence of the actual work performed by the employee(s) involved in the
				 complaint; the locations(s) and the exact date(s) the work in question was
				 performed; verification of the funding source; and evidence that the correct
				 prevailing wage was not in fact received.
Q. The Director of Labor and Training hereby
				 adopts the United States Department of Labor's definition of bona fide fringe
				 benefit credits. These benefits may include medical or hospital coverage, life
				 insurance, disability insurance (not workers' compensation), pension, 401k,
				 apprentice costs (books, tuition) or holiday, sick, vacation/personal time.
				 State mandated unemployment insurance, travel, gas reimbursement, company
				 vehicle, uniforms and discretionary bonuses are not bona-fide fringe benefits.
				 In addition, in order for the plan to be acceptable, the following stipulations
				 must be met:
1. Contributions must be
				 irrevocable and for the employee's benefit;
2. Contributions must be made regularly and
				 at least on a quarterly basis;
3.
				 Contributions must not be required by law (i.e.: taxes, workers' compensation,
				 social security, etc.);
4.
				 Contributions made for fringe benefit plans for prevailing wage work may not be
				 used to fund the plan for periods of non-prevailing wage work;
5. The amount of contributions for fringe
				 benefits must be paid irrevocably to a trustee or third party
R. If the fringe benefits are anticipated to
				 be paid from general assets of the contractor (ex. holidays, sick and vacation
				 days, profit sharing, etc.), the contractor must set aside, in an escrow
				 account the amount of money the contractor plans to claim as a fringe benefit
				 credit for the prevailing wage project. In the event that an employee leaves
				 the company before the end of the calendar year and prior to the completion of
				 the project, any remaining escrowed funds must be paid to the employee. The
				 allowable hourly credit must be determined separately and documented for each
				 employee since the credit is based on figures that will usually vary for each
				 individual, depending on their benefit contribution amount, type of benefits,
				 hours worked, etc. In addition, only the employer's contribution toward a
				 benefit may be used to calculate the allowable hourly credit.