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Proposed Prevailing Wage Rules

On April 27, 2005 the Legislature’s Joint Committee for Review of Administrative Rules met in executive session and adopted the following motion:

• That the Legislature’s Joint Committee for Review of Administrative Rules pursuant to s.227.19(4)(d)6 and (5)(d) stats., objects to Clearinghouse Rule 04-081 (Prevailing Wage Rate on Public Works Projects.) Motion Carried 6 Ayes, 4 Noes. 

JCRAR Requests DWD To Consider Modifications to Prevailing Wage Rule.

On December 16, 2004, the Legislature’s Joint Committee for Review of Administrative Rules voted 6-3 (1 absence) to uphold the Labor Committee's objection to the prevailing wage rule unless the Department submits a letter to JCRAR by December 23, 2004 at 5:00 pm stating the Department's intent to consider modifications to its rule and work with interested parties in reaching a consensus.

On December 22, 2004, the Department presented a letter to JCRAR agreeing to convene a representative group of interested individuals to work on a consensus rule.

To view the December 22 letter from the Department to JCRAR in PDF format click here

On August 31, 2004, the Department submitted the following proposed rules to the Legislature for their review. Recent dramatic increases in the cost of health insurance have necessitated that the Department review its interpretation of the methodology for determining the prevailing wage rates. The Department proposes to determine whether there is a majority of hours reported that receive a total economic benefit that is the sum or the hourly rate of pay and the hourly fringe equivalent rather than requiring an exact match of the figures separately. The proposed methodology will not penalize unions that agree to a lower rate of pay during the contract period to cover the increased cost of health insurance. For information on this proposed rule go to:

Proposed Rules Relating to Prevailing Wage Rates Chapter DWD 290/CR 04-081

• Rules Analysis for Legislative Review
• Final Proposed Rule
• Legislative Council Comments
• Response to Legislative Council Comments

The rule promulgation process is described in Chapter 227, Stats. The section on legislative review prior to promulgation is at s. 227.19, Stats.