RCW 39.12.010 Definitions. (1) The “prevailing rate of wage” is the rate of hourly wage, usual benefits, and overtime paid in the locality, as hereinafter defined, to the majority of workers, laborers, or mechanics, in the same trade or occupation. In the event that there is not a majority in the same trade or occupation […]
RCW 39.12.015 Industrial statistician to make determinations of prevailing rate. (1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries. (2) The time period for recovery of any wages owed to a worker affected by the determination is tolled until the prevailing […]
RCW 39.12.017 Industrial statistician to establish prevailing rate for residential construction—Wage and hour surveys. (1) For residential construction, the industrial statistician shall establish the prevailing rate of wage by conducting wage and hour surveys. If the industrial statistician determines that information received from a survey is insufficient to determine the prevailing rate of wage for […]
RCW 39.12.020 Prevailing rate to be paid on public works and under public building service maintenance contracts—Posting of statement of intent—Exception. The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created […]
RCW 39.12.021 Prevailing rate to be paid on public works—Apprentice workers. Apprentice workers employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any worker […]
RCW 39.12.026 Surveys—Applicability by county—Electronic option. (1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department of labor and industries may be used only in the county for which the work was performed. (2) The department of labor and industries must provide registered contractors with […]
RCW 39.12.030 Contract specifications must state minimum hourly rate—Stipulation for payment—Residential and commercial construction work. (1) The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating […]
RCW 39.12.040 Statement of intent to pay prevailing wages, affidavit of wages paid—Alternative procedure. (1)(a) Except as provided in subsection (2) of this section, before payment is made by or on behalf of the state, or any county, municipality, or political subdivision created by its laws, of any sum or sums due on account of […]
RCW 39.12.042 Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics. If any agency of the state, or any county, municipality, or political subdivision created by its laws shall knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, […]
RCW 39.12.050 False statement, failure to file, or failure to post document required to be posted—Penalty—Unpaid wages lien against bond and retainage—Prohibitions on bidding on future contracts—Hearing—Exception. (1) Any contractor or subcontractor who files a false statement or fails to file any statement or record required to be filed or fails to post a document […]
RCW 39.12.055 Prohibitions on bidding on future contracts. A contractor shall not be allowed to bid on any public works contract for one year from the date of a final determination that the contractor has committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or […]
RCW 39.12.060 Director of labor and industries to arbitrate disputes. Such contract shall contain a further provision that in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the […]
RCW 39.12.065 Investigation of complaints—Notice of violation—Hearing—Exception—Remedies—Penalties—Waiver or reduction. (1) Upon complaint by an interested party, the director of labor and industries shall cause an investigation to be made to determine whether there has been compliance with this chapter and the rules adopted hereunder, and if the investigation indicates that a violation may have occurred, […]
RCW 39.12.070 Fees authorized for approvals, certifications, and arbitrations. (1) The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting […]
RCW 39.12.080 Public works administration account. The public works administration account is created in the state treasury. The department of labor and industries shall deposit in the account all moneys received from fees or civil penalties collected under RCW 39.12.050, 39.12.065, and 39.12.070. Appropriations from the account may be made only for the purposes of […]
RCW 39.12.100 Independent contractors—Criteria. For the purposes of this chapter, an individual employed on a public works project is not considered to be a laborer, worker, or mechanic when: (1) The individual has been and is free from control or direction over the performance of the service, both under the contract of service and in […]
RCW 39.12.110 Failure to provide or allow inspection of records. Any employer, contractor, or subcontractor who fails to provide requested records, or fails to allow adequate inspection of records in an investigation by the department of labor and industries under this chapter within sixty calendar days of service of the department’s request may not use […]
RCW 39.12.120 Payroll records—Filing—Noncompliance. (1) Each contractor, subcontractor, or employer shall keep accurate payroll records for three years from the date of acceptance of the public works project by the contract awarding agency, showing the employee’s full name, address, social security number, trade or occupation, classification, straight and overtime rates, hourly rate of usual benefits, […]
