HB 5270

Abstract

Amends the Prevailing Wage Act. Provides that a public body or other entity covered by the Act that contracts for work with a contractor or subcontractor without a public bid or project specification shall provide the contractor or subcontractor with a prevailing wage notice on the project on the purchase order or on a separate document. Provides that, if the Department of Labor determines that a violation of the Act has occurred, the Department shall determine whether a proper notice was given to the contractor, and, if a notice was not given, the Department shall order the public body to pay back wages, interest, penalties, or fines owed by the contractor to its employees. Provides that a contractor is not in violation if a notice is not given to the contractor. Provides that the failure to provide a notice does not diminish the obligation of a contractor to pay the prevailing wage. Provides that a contractor who has awarded work to a subcontractor without a contract or without a contract specification may comply with notice requirements by providing a lower tiered subcontractor with a written prevailing wage notice. Provides that a contractor with a business location where workers regularly visit may, instead of posting a prevailing wage notice on a job site, post in a conspicuous location at that business the current prevailing wage rate or give a written notice to those workers. Provides that information made available under a Freedom of Information Act request in accordance with provisions of the Act regarding certified payrolls shall be used only to enforce the Act and that any misuse of the information is prohibited. Sets forth criminal and civil penalties for the misuse of information. Provides that a written complaint regarding an alleged violation of this Act shall be filed with the Director of Labor and sets forth requirements concerning the handling of the complaint. Makes other changes.