PURPOSE: This rule sets forth the
requirements for the payment of wages to apprentices and entry-level workers
employed on public works subject to the Prevailing Wage
Law.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Journeymen's rate of pay shall be paid to
all workers employed on public works construction except entry-level workers or
apprentices registered and participating in apprentice programs registered with
the United States Department of Labor, Employment and Training Administration;
and apprentices registered and participating in programs certified by the
Secretary of the United States Department of Transportation as promoting equal
opportunity in connection with federal-aid highway construction programs. Such
workers shall be paid not less than fifty percent (50%) of the applicable wage
rate for a journeyman worker under the appropriate occupational title for a
specific locality. In calculating the applicable wage rate for a journeyman
worker, fringe benefits shall be included.
(2) As set forth in section
290.235, "on-the-job training
workers" are defined as follows:
(A)
"Federally-registered apprentices" - Workers participating in programs
administered by the United States Department of Labor and subject to their
specific requirements (
See
29 U.S.C. section
50 and 29 C.F.R. 29 ) and workers
participating in programs administered by the United States Department of
Transportation and subject to their specific requirements. (
See
23 U.S.C. section
113 and 23 C.F.R. 230 );
and
(B) "Entry-level workers"-Any
worker who is not a journeyman and who is not otherwise enrolled in a
federally-registered apprenticeship program but is participating in an
on-the-job training program provided by the contractor for whom they perform
work on a public construction project.
(3) Workers employed on federal-aid highway
construction projects may be paid at an apprentice rate of pay if enrolled in
an apprenticeship or skill training program which has been certified by the
Secretary of the United States Department of Transportation pursuant to
23 U.S.C.
113. In the event the Secretary of
Transportation withdraws approval of a program, the contractor will no longer
be permitted to pay workers less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
Notes
8 CSR 30-3.030
AUTHORITY:
section 290.240, RSMo Supp. 2018.*
Original rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed
July 17, 1995, effective Jan. 30, 1996. Emergency amendment filed Nov. 21,
2018, effective Dec. 1, 2018, expired May 29, 2019. Amended: Filed Nov. 21,
2018, effective July 30, 2019.
AUTHORITY: section
290.240, RSMo 1994.* Original
rule filed Aug. 24, 1990, effective April 29, 1991. Amended: Filed July 17,
1995, effective Jan. 30, 1996.
Repealed by
Missouri
Register December 17, 2018/Volume 43, Number 24, effective
1/29/2019
Adopted by
Missouri
Register June 3, 2019/Volume 44, Number 11, effective
7/31/2019
