On June 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) submitted a notice of proposed changes to its wage information collection form, WD-10, that it uses to determine prevailing wages. The WHD is also proposing a new optional form, WD-10A, which it will use before sending out the
Minnesota DLI Certifies Prevailing Wage Rates for Dec 16, 2019
On December 16, 2019, the Minnesota Department of Labor & Industry certified the prevailing wage rates for all 87 Minnesota counties. These rates are effective December 16, 2019 and can be found here. Non-union contractors should be reminded that these rates are set by the responses received to the annual voluntary survey sent out
June 1 Deadline – Annual Prevailing Wage Survey Reminder
Contractors – today is the last day to fill out your annual prevailing wage survey! The Minnesota Department of Labor and Industry (MnDOLI) uses information collected from the survey to determine the prevailing wage rates on commercial, highway/heavy and residential construction projects in Minnesota. Thus, this is non-union contractors’ chance to have a say in
How to Find a Prevailing Wage Decision Online
Each month I receive in my inbox the City of Minneapolis’ Compliance Monthly – a newsletter that the Minnesota Department of Civil Rights Contract Compliance Divisions publishes. Often, as it does in the September 2016 edition, it toots its own horn about how many contractors they have “held accountable”, and how much they have collected
Minneapolis Contractors – Be Ready to Prove Your Good Faith Efforts at Meeting Minneapolis’ Construction Workforce Goals
In its June 21, 2016, Compliance Tips, the City of Minneapolis Department of Civil Rights Contract Compliance Division offered some tips for how a contractor can demonstrate good faith efforts at meeting the City’s workforce goals. Given the recent notice of on-site “reviews” that I blogged about earlier, this is no surprise. Contractors should expect
Minneapolis Contractors – Be Prepared for On-Site Compliance “Reviews” This Summer!
Contractors doing business in Minneapolis should be aware that the City will be conducting on-site “reviews” of the general contractor for City projects. Don’t get fooled that this is a friendly visit just because you are called in advance to schedule a time to meet. This “review” is an audit or investigation or whatever you
Minneapolis Contractors Beware – Minneapolis Significantly Amends Its Prevailing Wage Ordinance
The Minneapolis City Council significantly amended its Prevailing Wage Ordinance today. The revised ordinance will go into effect following publication (generally 8 days after the approval of the revisions). Accordingly, the revisions will likely be finalized before July 1, 2016. The revisions provide individuals with a private right of action for violations (they can sue
City of Minneapolis Considering Significant Prevailing Wage Ordinance Changes
On January 15, 2016, the Minneapolis City Council first introduced proposed revisions to the Minneapolis Prevailing Wage Ordinance. The initial draft was revised on April 13, 2016, and on May 27, 2016, the City Council referred the proposed ordinance to the Ways and Means Committee. So, what’s in store for Minnesota public works contractors? Not
Minneapolis Sick and Safe Time Ordinance Approved – Snow Days Covered
On May 27, 2016, the Minneapolis City Council unanimously approved the Minneapolis Sick and Safe Time Ordinance, Title 2, Chapter 40 – Workplace Regulations. The final Ordinance mandates unpaid sick and safe leave for employers with 1 to 5 employees, and paid sick and safe leave for employers with 6 or more employees. Notably, the final amendment includes not only the use for sick and safe care, but also school snow days.
Below is a quick overview of what the ordinance requires, who it applies to, what burdens employers have, and the implications of a violation. However, time will only tell how this plays out in reality.
What Does the Minneapolis Sick and Safe Time Ordinance Require?
The Ordinance, effective July 1, 2017, requires employers to provide employees with paid/unpaid sick and safe time. New employers (with 1 or more employees), will have 12 months to provide unpaid time off. After 12 months, new employers will be subject to the Ordinance in its totality (this 12 month delay will only be allowed for 5 years from the enactment).
Employees working in Minneapolis will accrue sick and safe time unpaid leave at the rate of 1 hour for every 30 worked, up to an annual cap of 48 hours (either calendar or fiscal year). Exempt (salaried) employees are deemed to work 40 hours each week unless their normal workweek is less than 40 hours. Employees must be allowed to use sick and safe time after 90 calendar days of employment. Employers must permit an employee to carry over at least 80 hours of accrued but unused sick and safe time into the following year.
Additionally, sick and safe leave time need not be paid this time out at termination. Employees must be able to use the leave in the same increment of time consistent with current payroll practices and existing employer policies (but no more than 4 hours). They must be compensated at the same hourly rate with the same benefits (except they are not entitled to lost tips or commissions and compensation is only required for the hours the employee was scheduled to work).
Who Is An “Employer” and “Employee” Under the Ordinance?
Does this Ordinance affect your business based in Eden Prairie or Alexandria? It depends on whether you are a covered employer, defined below. The Ordinance defines several terms with specificity, but here it is in a nutshell:
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MNDOT Using Technology to Identify Misclassifications
Quick fun fact of the day – I recently learned that the Minnesota Department of Transportation’s OCIC – Labor Compliance Unit has resources to assist it to find compliance violations (employee misclassifications). Apparently, MNDOT’s CRL (Civil Rights and Labor) payroll system flags key words from inspector’s field notes and searches for the proper classification in