135.5 Labor Compliance - Revision history

Smithk: Moved info to EPG 110, per CM

2010-06-29T12:37:51Z

Moved info to EPG 110, per CM

Smithk: updated links

2010-06-28T16:17:52Z

updated links

Smithk: /* Trainee */minor edit

2010-03-01T19:32:06Z

Trainee: minor edit

← Older revision		Revision as of 14:32, 1 March 2010
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	:::The following forms are required in a trainee is placed on a project:		:::The following forms are required in a trainee is placed on a project:
	::::a. [[media:135.5 Trainee Notification.doc\|Trainee Notification]]		::::a. [[media:135.5 Trainee Notification.doc\|Trainee Notification]]
	::::b. [[media:135.5 Monthly Trainee Report\|Monthly Trainee Report]]		::::b. [[media:135.5 Monthly Trainee Report.doc\|Monthly Trainee Report]]
	::::c. [[media:135.5 Initial Trainee Contact\|Initial Trainee Contact]]		::::c. [[media:135.5 Initial Trainee Contact.doc\|Initial Trainee Contact]]
	::::d. [[media:135.5 Trainee Discrimination Complaint\|Trainee Discrimination Complaint]]		::::d. [[media:135.5 Trainee Discrimination Complaint.doc\|Trainee Discrimination Complaint]]
	::::e. [[media:135.5 Training Completion Report\|Training Completion Report]]		::::e. [[media:135.5 Training Completion Report.doc\|Training Completion Report]]
	::::f. [[media:135.5 Final Trainee Summary\|Final Trainee Summary]]		::::f. [[media:135.5 Final Trainee Summary.doc\|Final Trainee Summary]]


	===135.5.1.2 Wage Interviews===		===135.5.1.2 Wage Interviews===

Smithk: Initial trainee contact info, per Civil Rights, has been added to reflect current procedure

2010-03-01T19:30:06Z

Initial trainee contact info, per Civil Rights, has been added to reflect current procedure

@@ Line 50: / Line 50: @@
 ====Trainee====
-Trainees should be listed on the payrolls. The correct classification should be used for the work performed with the trainee designation (e.g., Concrete Finisher/Trainee).
+Trainees should be listed on the payrolls. The correct classification should be used for the work performed with the trainee designation (e.g., Concrete Finisher/Trainee). ).   An initial trainee contract interview should be conducted on all trainees on the project as follows:
 ===135.5.1.2 Wage Interviews===

EPG-Admin: Photo removed due to associated negative connotation.

2009-12-28T16:55:42Z

Photo removed due to associated negative connotation.

← Older revision		Revision as of 11:55, 28 December 2009
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	*Voluntary insurance, pension, and/or retirement plans		*Voluntary insurance, pension, and/or retirement plans
	*Child support and other payments ordered by a court (but not payments to the employer)		*Child support and other payments ordered by a court (but not payments to the employer)
	~~[[image:135.1.1 union.jpg\|right\|170px]]~~
	*Prepaid wages		*Prepaid wages
	*Payments to charitable organizations		*Payments to charitable organizations

Smithk: /* Deductions */spelling correction

2009-12-08T16:26:07Z

Deductions: spelling correction

← Older revision		Revision as of 11:26, 8 December 2009
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	====Deductions====		====Deductions====
	All deductions should be clearly identified. Only approved ~~deducations~~ should be used in wage rate calculations. The most common standard approved ~~dedutions~~ from the Code of Federal Regulations are shown in the following list.		All deductions should be clearly identified. Only approved deductions should be used in wage rate calculations. The most common standard approved deductions from the Code of Federal Regulations are shown in the following list.
	*State or federal taxes		*State or federal taxes
	*Voluntary insurance, pension, and/or retirement plans		*Voluntary insurance, pension, and/or retirement plans

Smithk: 135.5.1 per CM, project documentation is now usually stored at the project office; federal SSN rules have changed; add'l guidance for equipment rental w/ operator

2009-11-18T20:40:17Z

135.5.1 per CM, project documentation is now usually stored at the project office; federal SSN rules have changed; add'l guidance for equipment rental w/ operator

← Older revision		Revision as of 15:40, 18 November 2009
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	==135.5.1 Wage Rate Compliance Checks==		==135.5.1 Wage Rate Compliance Checks==
	The [[105.2 Control of Work#105.2.1 Responsibilities of the Resident Engineer\|resident engineer]] or delegated representative is responsible for ~~ensuring~~ compliance with the wage rate laws at the project level. Wage Rate Compliance Checks (WRCC) shall be performed on active projects when applicable. WRCC consist of two major items: '''Reviewing Payrolls''' and '''Wage Rate Interviews'''		The [[105.2 Control of Work#105.2.1 Responsibilities of the Resident Engineer\|resident engineer]] or delegated representative is responsible for monitoring compliance with the wage rate laws at the project level. Wage Rate Compliance Checks (WRCC) shall be performed on active projects when applicable. WRCC consist of two major items: '''Reviewing Payrolls''' and '''Wage Rate Interviews'''.

	Payrolls, wage rate interviews, and all other labor compliance related documents are to be kept in the resident engineer's office for the duration of the project. After project completion, payrolls ~~are to be sent to the district office where they~~ shall be stored for a period of three years. All filing related to labor compliance should be kept in a secure storage area ~~since~~ the Social Security numbers of the contractor’s employees are included.		Payrolls, wage rate interviews and all other labor compliance related documents are to be kept in the resident engineer's office for the duration of the project. After project completion, payrolls shall be stored for a period of three years. All filing related to labor compliance should be kept in a secure storage area in those instances where the Social Security numbers of the contractor’s employees are included.

	===135.5.1.1 Payrolls===		===135.5.1.1 Payrolls===
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	====Owner-Operator====		====Owner-Operator====
	An owner operator is when a contractor rents a piece of equipment and the operator comes with the rental equipment. A prime contractor can use owner-operators on MoDOT projects according to the Division of Labor. There are certain restrictions that would apply. Only the owner can operate the piece of equipment on site. The owner cannot have other employees on the job. The owner would not be subject to prevailing wage rates and therefore no wage rate interviews will need to be taken. Since this is a rental the prime contractor's insurance would cover the work performed by the owner-operator. The project office should obtain a copy of the contract between the prime contractor and owner-operator. This is to assure that it is a legitimate arrangement and not an attempt to circumvent prevailing wage rate laws.		An owner operator is when a contractor rents a piece of equipment and the operator comes with the rental equipment. A prime contractor can use owner-operators on MoDOT projects according to the Division of Labor. There are certain restrictions that would apply. Only the owner can operate the piece of equipment on site. The owner cannot have other employees on the job. The owner would not be subject to prevailing wage rates and therefore no wage rate interviews will need to be taken. Since this is a rental the prime contractor's insurance would cover the work performed by the owner-operator. The project office should obtain a copy of the contract between the prime contractor and owner-operator. This is to assure that it is a legitimate arrangement and not an attempt to circumvent prevailing wage rate laws.

			====Equipment Rental with Operator and Purchase Ordered Work====

			A prime contractor using rental equipment that is provided with an operator, via purchase ordered work or other financial arrangement, must include the operators on the certified payroll of the contractor. All related documentation must be provided by the contrator to substantiate this arrangment. The operators are subject to wage rate interviews and are to be paid prevailing wage on prevailing wage contracts. This is to ensure a legitimate arrangement is being used, not an attempt to circumvent prevailing wage rate laws.

	====Foreman-Supervisor====		====Foreman-Supervisor====

Smithk: /* Deductions */ article construction

2009-10-21T19:02:30Z

Deductions: article construction

← Older revision		Revision as of 14:02, 21 October 2009
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	*Voluntary insurance, pension, and/or retirement plans		*Voluntary insurance, pension, and/or retirement plans
	*Child support and other payments ordered by a court (but not payments to the employer)		*Child support and other payments ordered by a court (but not payments to the employer)
			[[image:135.1.1 union.jpg\|right\|170px]]
	*Prepaid wages		*Prepaid wages
	*Payments to charitable organizations		*Payments to charitable organizations

EPG-Admin: Clarified that payrolls do not have to identify all deductions on employee specific basis.

2009-09-14T18:46:49Z

Clarified that payrolls do not have to identify all deductions on employee specific basis.

← Older revision		Revision as of 13:46, 14 September 2009
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	:3) Check payroll for correct hourly wage and, where applicable, correct overtime hourly rate.		:3) Check payroll for correct hourly wage and, where applicable, correct overtime hourly rate.
	:4) Check daily and weekly hours worked in each classification including actual overtime hours worked (not adjusted hours).		:4) Check daily and weekly hours worked in each classification including actual overtime hours worked (not adjusted hours).
	:5) All deductions are listed and net wage shown. U.S. Department of Labor Form WH-347 may be used (more information on deductions outlined below).		:5) All deductions are listed and net wage shown. U.S. Department of Labor Form WH-347 may be used (more information on deductions outlined below). Specific detailed deductions may be confidential for individual employees. The payroll certification may indicate the types of deductions included in the payroll, and any special circumstances for approved deductions, without identifying them on an individual employee basis. If an employee has a complaint regarding deductions the contractor shall address the complaint immediately and if questions remain, the complaint should be forwarded to the Missouri Department of Labor.
	:6) To assure that payrolls are arithmetically correct, approximately 10% of the extensions on the first 3 payrolls should be checked. The contractor is to be advised of any violations noted on the labor payroll. All errors are to be corrected by a supplementary payroll.		:6) To assure that payrolls are arithmetically correct, approximately 10% of the extensions on the first 3 payrolls should be checked. The contractor is to be advised of any violations noted on the labor payroll. All errors are to be corrected by a supplementary payroll.
	:7) All checking in the project office should be in red pencil, initialed by the checker.		:7) All checking in the project office should be in red pencil, initialed by the checker.

Smithk: /* 135.5.1.3 Errors, Ommisions, and Non-Compliance */ re-linked article to CP Evaluation

2009-08-28T18:58:36Z

135.5.1.3 Errors, Ommisions, and Non-Compliance: re-linked article to CP Evaluation

← Older revision		Revision as of 13:58, 28 August 2009
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	===135.5.1.3 Errors, Ommisions, and Non-Compliance===		===135.5.1.3 Errors, Ommisions, and Non-Compliance===
	When there is any condition or evidence that suggests that the labor laws are not being fully complied with, the resident engineer shall investigate until satisfied of lawful compliance. Investigations shall be limited in nature and cases beyond our investigative ability should be referred to the Divison of Labor. Poor compliance efforts by the contractor should be noted on the [http://~~modot.mo.gov/business~~/~~materials~~/~~2008%20CPR~~.~~pdf~~ Contractor Performance ~~Questionaire~~].		When there is any condition or evidence that suggests that the labor laws are not being fully complied with, the resident engineer shall investigate until satisfied of lawful compliance. Investigations shall be limited in nature and cases beyond our investigative ability should be referred to the Divison of Labor. Poor compliance efforts by the contractor should be noted on the [http://p0003/ContractorRating/updateLogin.do Contractor Performance Evaluation].

	When payrolls are not submitted within 7 days and/or contain errors, the resident engineer should notify the contractor and encourage them to improve. Payrolls containing errors should be corrected and resubmitted in a timely manner. When payrolls are routinely late and there is no effort to improve on the contractors part, the [[105.2 Control of Work#105.2.1 Responsibilities of the Resident Engineer\|resident engineer]] should withold payment until the next regular estimate date after compliance is attained.		When payrolls are not submitted within 7 days and/or contain errors, the resident engineer should notify the contractor and encourage them to improve. Payrolls containing errors should be corrected and resubmitted in a timely manner. When payrolls are routinely late and there is no effort to improve on the contractors part, the [[105.2 Control of Work#105.2.1 Responsibilities of the Resident Engineer\|resident engineer]] should withold payment until the next regular estimate date after compliance is attained.

← Older revision		Revision as of 14:32, 1 March 2010
Line 59:		Line 59:
	:::The following forms are required in a trainee is placed on a project:		:::The following forms are required in a trainee is placed on a project:
	::::a. [[media:135.5 Trainee Notification.doc\|Trainee Notification]]		::::a. [[media:135.5 Trainee Notification.doc\|Trainee Notification]]
	::::b. [[media:135.5 Monthly Trainee Report\|Monthly Trainee Report]]		::::b. [[media:135.5 Monthly Trainee Report.doc\|Monthly Trainee Report]]
	::::c. [[media:135.5 Initial Trainee Contact\|Initial Trainee Contact]]		::::c. [[media:135.5 Initial Trainee Contact.doc\|Initial Trainee Contact]]
	::::d. [[media:135.5 Trainee Discrimination Complaint\|Trainee Discrimination Complaint]]		::::d. [[media:135.5 Trainee Discrimination Complaint.doc\|Trainee Discrimination Complaint]]
	::::e. [[media:135.5 Training Completion Report\|Training Completion Report]]		::::e. [[media:135.5 Training Completion Report.doc\|Training Completion Report]]
	::::f. [[media:135.5 Final Trainee Summary\|Final Trainee Summary]]		::::f. [[media:135.5 Final Trainee Summary.doc\|Final Trainee Summary]]


	===135.5.1.2 Wage Interviews===		===135.5.1.2 Wage Interviews===

← Older revision		Revision as of 11:17, 28 June 2010
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	==135.5.1 Wage Rate Compliance Checks==		==135.5.1 Wage Rate Compliance Checks==
	The [[105.2 Control of Work#105.~~2.1 Responsibilities~~ of ~~the~~ Resident Engineer\|resident engineer]] or delegated representative is responsible for monitoring compliance with the wage rate laws at the project level. Wage Rate Compliance Checks (WRCC) shall be performed on active projects when applicable. WRCC consist of two major items: '''Reviewing Payrolls''' and '''Wage Rate Interviews'''.		The [[:category:105 Control of Work#105.9 Authority and Duties of Resident Engineer (Sec 105.9)\|resident engineer]] or delegated representative is responsible for monitoring compliance with the wage rate laws at the project level. Wage Rate Compliance Checks (WRCC) shall be performed on active projects when applicable. WRCC consist of two major items: '''Reviewing Payrolls''' and '''Wage Rate Interviews'''.

	Payrolls, wage rate interviews and all other labor compliance related documents are to be kept in the resident engineer's office for the duration of the project. After project completion, payrolls shall be stored for a period of three years. All filing related to labor compliance should be kept in a secure storage area in those instances where the Social Security numbers of the contractor’s employees are included.		Payrolls, wage rate interviews and all other labor compliance related documents are to be kept in the resident engineer's office for the duration of the project. After project completion, payrolls shall be stored for a period of three years. All filing related to labor compliance should be kept in a secure storage area in those instances where the Social Security numbers of the contractor’s employees are included.
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	Providing weekly payroll information is required on all projects except those that do not contain Wage Rate Determinations by Federal and Missouri law. The prime contractor and each subcontractor are required to submit one certified copy of labor payrolls for each week that work is in progress. If work is temporarily suspended, the last payroll should be appropriately marked to note that it would be the last payroll until work is resumed.		Providing weekly payroll information is required on all projects except those that do not contain Wage Rate Determinations by Federal and Missouri law. The prime contractor and each subcontractor are required to submit one certified copy of labor payrolls for each week that work is in progress. If work is temporarily suspended, the last payroll should be appropriately marked to note that it would be the last payroll until work is resumed.

	The prime contractor must submit a certified copy of each weekly payroll within 7 days of the payment date of the payroll. The certification may be attached to the payroll or may be on the payroll itself. The prime contractor will be considered responsible for submittal of payrolls and certifications for all subcontractors on the project. The certification must be a properly signed original. Electronic submittal of certified payrolls is not permitted. The prime contractor should be advised that failure to submit these payrolls within the 7-day period will result in delay in submittal of the engineer's payment estimates for those projects involved. The [[105.2 Control of Work#105.~~2.1 Responsibilities~~ of ~~the~~ Resident Engineer\|resident engineer]] shall keep a log of all payrolls received, the date received, and the time period covered. A copy of the complete log will be turned in as part of the project’s final plans.		The prime contractor must submit a certified copy of each weekly payroll within 7 days of the payment date of the payroll. The certification may be attached to the payroll or may be on the payroll itself. The prime contractor will be considered responsible for submittal of payrolls and certifications for all subcontractors on the project. The certification must be a properly signed original. Electronic submittal of certified payrolls is not permitted. The prime contractor should be advised that failure to submit these payrolls within the 7-day period will result in delay in submittal of the engineer's payment estimates for those projects involved. The [[:category:105 Control of Work#105.9 Authority and Duties of Resident Engineer (Sec 105.9)\|resident engineer]] shall keep a log of all payrolls received, the date received, and the time period covered. A copy of the complete log will be turned in as part of the project’s final plans.

	Every payroll submitted to the RE office should be checked. The following steps should be included in all payroll checks to insure proper labor compliance:		Every payroll submitted to the RE office should be checked. The following steps should be included in all payroll checks to insure proper labor compliance:
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	===135.5.1.2 Wage Interviews===		===135.5.1.2 Wage Interviews===
	The [[105.2 Control of Work#105.~~2.1 Responsibilities~~ of ~~the~~ Resident Engineer\|resident engineer]] or delegated representative are to conduct wage rate interviews as part of WRCC. The wage rate interview checks for compliance with wage rate laws as well as Equal Emplyment Opportunity (EEO) laws.		The [[:category:105 Control of Work#105.9 Authority and Duties of Resident Engineer (Sec 105.9)\|resident engineer]] or delegated representative are to conduct wage rate interviews as part of WRCC. The wage rate interview checks for compliance with wage rate laws as well as Equal Emplyment Opportunity (EEO) laws.

	Wage interviews shall be conducted at the rate shown on the following table:		Wage interviews shall be conducted at the rate shown on the following table:
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	When there is any condition or evidence that suggests that the labor laws are not being fully complied with, the resident engineer shall investigate until satisfied of lawful compliance. Investigations shall be limited in nature and cases beyond our investigative ability should be referred to the Divison of Labor. Poor compliance efforts by the contractor should be noted on the [http://p0003/ContractorRating/updateLogin.do Contractor Performance Evaluation].		When there is any condition or evidence that suggests that the labor laws are not being fully complied with, the resident engineer shall investigate until satisfied of lawful compliance. Investigations shall be limited in nature and cases beyond our investigative ability should be referred to the Divison of Labor. Poor compliance efforts by the contractor should be noted on the [http://p0003/ContractorRating/updateLogin.do Contractor Performance Evaluation].

	When payrolls are not submitted within 7 days and/or contain errors, the resident engineer should notify the contractor and encourage them to improve. Payrolls containing errors should be corrected and resubmitted in a timely manner. When payrolls are routinely late and there is no effort to improve on the contractors part, the [[105.2 Control of Work#105.~~2.1 Responsibilities~~ of ~~the~~ Resident Engineer\|resident engineer]] should withold payment until the next regular estimate date after compliance is attained.		When payrolls are not submitted within 7 days and/or contain errors, the resident engineer should notify the contractor and encourage them to improve. Payrolls containing errors should be corrected and resubmitted in a timely manner. When payrolls are routinely late and there is no effort to improve on the contractors part, the [[:category:105 Control of Work#105.9 Authority and Duties of Resident Engineer (Sec 105.9)\|resident engineer]] should withold payment until the next regular estimate date after compliance is attained.

	When a wage rate is believed to be below the contractual lawful minimum, the Division of Labor should be notified. The Divison of Labor will open a complaint case at the request of MoDOT, the employee, the union, or other third party. The Divison of Labor will perform an investigation and then close the complaint either as a violation or non-violation. The resident engineer should ensure a copy of all correspondance from the Divison of Labor is kept in the contract files.		When a wage rate is believed to be below the contractual lawful minimum, the Division of Labor should be notified. The Divison of Labor will open a complaint case at the request of MoDOT, the employee, the union, or other third party. The Divison of Labor will perform an investigation and then close the complaint either as a violation or non-violation. The resident engineer should ensure a copy of all correspondance from the Divison of Labor is kept in the contract files.