Prevailing wage is a minimum wage rate that must be paid to workers on public works projects. These rates are established for specific job classifications and vary by location. This article provides information on Missouri’s prevailing wage requirements and explains how to determine the correct hourly rate for your specific trade and location within the state. It will cover the law itself, how rates are set, where to find them, and what to do if you believe you are being underpaid.
Missouri’s Prevailing Wage Law Explained
Missouri’s Prevailing Wage Law, outlined in Missouri Revised Statutes Section 290.210, mandates that workers on public works projects receive a specific minimum wage. This applies to the construction of public works, which includes building, reconstruction, improvement, or repair of any public facility paid for, in whole or in part, by public funds. The law covers projects where the total cost exceeds $75,000.1Missouri Revisor of Statutes. RSMo Section 290.230
The law is intended to cover laborers, mechanics, and other skilled craftspersons who perform manual or physical work directly on the project site. This includes individuals employed by contractors and subcontractors for the actual construction work. Workers whose duties are purely supervisory, administrative, or clerical without performing any manual labor on-site are not subject to these wage requirements.
Determination of Missouri Prevailing Wage Rates
The Missouri Department of Labor and Industrial Relations (DOLIR), through its Division of Labor Standards, is responsible for determining the prevailing wage rates across the state. This process involves establishing rates for numerous occupational titles, such as “carpenter” or “electrician,” for each individual county. The rates are not uniform statewide, reflecting the differences in local economies.
These rates are established annually and are based on data collected from wage surveys submitted by contractors, public bodies, and labor organizations. The wage rate that is most frequently paid for a particular type of work in a county becomes the prevailing wage for that occupational title. These determinations are compiled into what are known as Annual Wage Orders (AWOs), which serve as the official record of prevailing wages for each county.
Finding Your Specific Missouri Prevailing Wage Hourly Rate
To find the prevailing wage rate that applies to your job, you must consult the official documents published by the Missouri DOLIR. The primary resource is the Annual Wage Order (AWO) for the specific county where the public works project is located. These documents are available on the DOLIR’s Division of Labor Standards website.
Upon reaching the website, you will need to navigate to the prevailing wage section. There, you will find a list of current Annual Wage Orders, typically organized by county. Select the county relevant to your worksite to view the corresponding AWO. It is important to correctly identify your specific job classification to find the accurate rate, which includes a base hourly amount and a separate amount for fringe benefits.
Worker Rights and Reporting Underpayment
Workers on public works projects have a legal right to be paid the full prevailing wage for their specific job classification. Employers are legally obligated to post a copy of the applicable Annual Wage Order in a prominent and accessible place at the job site. This ensures that all workers can see the official rates they are entitled to receive for their labor.
If you suspect you are being paid less than the required rate, you can file a complaint with the Missouri DOLIR’s Division of Labor Standards.2Missouri Revisor of Statutes. RSMo Section 290.250 To initiate an investigation, you will need to complete a Prevailing Wage Complaint Form, which can be found on the DOLIR website. When filing, you should be prepared to provide your name and contact information, the name and address of your employer, the location of the project, the type of work you performed, and records of your hours worked and wages received.
The Division of Labor Standards will investigate the claim to ensure compliance. If a violation is found, the agency can take action to recover the unpaid wages. The amount recovered is based on the difference between the wages you were paid and the correct prevailing wage rate.