Missouri Revised Statutes
Chapter 290 - Wages, Hours and Dismissal Rights
Section 290.257 - Determination of prevailing wage — annual calculation — final determination, when — occupational titles, applicability.

Effective - 28 Aug 2018
290.257. Determination of prevailing wage — annual calculation — final determination, when — occupational titles, applicability. — 1. (1) In determining the prevailing wage rate, the department shall accept and consider information submitted in either paper or electronic format regarding local wage rates for construction projects that occurred during the year preceding the annual wage order to be issued, provided that information regarding local wage rates for entry-level workers and federally registered apprentices shall not be considered.
(2) (a) The prevailing wage rate for each occupational title shall be equal to the weighted average wage for that occupational title.
(b) For purposes of this subdivision, the following terms shall mean:
a. "Reported wage sum", for each occupational title, the sum of every product of each reported wage rate, which shall include fringe benefits, multiplied by the total number of reportable hours at such wage rate; and
b. "Weighted average wage", the reported wage sum for each occupational title divided by the total number of reportable hours for that occupational title.
2. The department shall annually calculate the public works contracting minimum wage in each locality. The public works contracting minimum wage shall be equal to one hundred twenty percent of the average hourly wage in a particular locality, as determined by the Missouri economic research and information center within the department of economic development, or any successor agency.
3. A final determination of the prevailing hourly rate of wages and the public works contracting minimum wage applicable to every locality to be contained in an annual wage order shall be made annually on or before July 1, 2019, and July first of each year thereafter. The wage order shall remain in effect until superseded by a new annual wage order. The department shall, by March 10, 2019, and March tenth of each year thereafter, make an initial determination of the prevailing wage rate for each occupational title within the locality as well as an initial determination as to the public works contracting minimum wage. Objections may be filed as to any initial determination as provided in section 290.262.
4. (1) If the total number of reportable hours that are paid pursuant to a collective bargaining agreement and the total number of reportable hours that are not paid pursuant to a collective bargaining agreement equal or exceed, in the aggregate, one thousand hours for any particular occupational title within a locality, workers engaged in that occupational title in such locality shall be paid the prevailing wage rate determined by the department pursuant to this section.
(2) If the total number of reportable hours that are paid pursuant to a collective bargaining agreement and the total number of reportable hours that are not paid pursuant to a collective bargaining agreement do not equal or exceed, in the aggregate, one thousand hours for any particular occupational title within a locality, workers engaged in that occupational title in such locality shall be paid the public works contracting minimum wage.
5. For purposes of this section, the term "reportable hours" shall mean hours reported by a contractor for work performed under such contractor in a particular occupational title within a particular locality.
6. (1) The different types of occupational titles to which sections 290.210 to 290.340 shall apply shall be limited to, and shall include, all of the following:
(a) Asbestos worker;
(b) Boilermaker;
(c) Bricklayer;
(d) Carpenter, which shall include pile driver, millwright, lather, and linoleum layer;
(e) Cement mason, which shall include plasterer;
(f) Communications technician;
(g) Electrician;
(h) Elevator constructor;
(i) Glazier;
(j) Ironworker;
(k) General laborer, including first semi-skilled laborer and second semi-skilled laborer;
(l) Mason, which shall include marble mason, marble finisher, terrazzo worker, terrazzo finisher, tile setter, and tile finisher;
(m) Operating engineer, which shall include operating engineer group one, operating engineer group two, operating engineer group three, operating engineer group three-A, operating engineer group four, and operating engineer group five;
(n) Outside lineman, lineman operator, groundman, lineman tree trimmer, groundman tree trimmer, and any combination thereof;
(o) Painter;
(p) Plumber, which shall include pipefitter;
(q) Roofer;
(r) Sheet metal worker;
(s) Sprinkler fitter; and
(t) Truck driver, which shall include truck control service driver, truck driver group one, truck driver group two, truck driver group three, and truck driver group four.
(2) Each occupational title listed in subdivision (1) of this subsection shall have the same meaning and description as given to such occupational title in 8 CSR 30-3.060.
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(L. 2018 H.B. 1729, et al.)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 290 - Wages, Hours and Dismissal Rights

Section 290.010 - What constitutes a day's labor.

Section 290.020 - Limitation of working hours in certain industries, exception by consent of worker.

Section 290.030 - Penalty.

Section 290.080 - Employees paid semimonthly, exception — statement of deductions — violation, misdemeanor.

Section 290.090 - Factory employees paid semimonthly — amount withheld — penalty.

Section 290.095 - Wage subsidies, bid supplements, and rebates for employment prohibited, when — violation, penalty.

Section 290.100 - Thirty days' notice of reduction of wages, how.

Section 290.110 - Payment due discharged employee — exceptions — penalty for delay.

Section 290.120 - Employee not entitled to benefits, when.

Section 290.130 - Action by employees for breach of employment contract.

Section 290.140 - Letter of dismissal, when — failure to issue, damages — punitive damages, limitations.

Section 290.145 - Discrimination, refusal to hire or discharge employee for alcohol or tobacco use not during working hours, prohibited, exception — not cause for legal actions.

Section 290.152 - Employer response to request for information about current or former employee, contents, requirements, civil immunity, when.

Section 290.210 - Definitions.

Section 290.220 - Policy declared.

Section 290.230 - Prevailing wage rates required on construction of public works — who is deemed employed upon public works — inapplicability of prevailing wage, when.

Section 290.235 - On-the-job training periods, use of entry-level workers and apprentices — wages — aggregate limit.

Section 290.240 - Department inquiry into complaints — rulemaking authority.

Section 290.250 - Applicable wage rates, incorporation into contracts — failure to pay, penalty — complaints of violation, public body or prime contractor to withhold payment — determination of a violation, investigation required — employer's right t...

Section 290.257 - Determination of prevailing wage — annual calculation — final determination, when — occupational titles, applicability.

Section 290.260 - Determination of hourly rate for heavy and highway construction work, when made, where filed, objections, hearing, determination.

Section 290.262 - Determination of hourly rate, certification — objections, hearings — final determination — notice to department by public body, when.

Section 290.263 - Wage rates to equal or exceed federal minimum wage.

Section 290.265 - Wage rates posted, where.

Section 290.270 - Declaration as to wages final — maximum wages and hours not limited.

Section 290.280 - Administration of oaths — subpoenas — enforcement of subpoenas.

Section 290.290 - Contractor's payroll records, contents — affidavit of compliance required — signs on motor vehicles and equipment, requirements — temporary stationary sign, when — exception.

Section 290.300 - Actions for wages by worker authorized.

Section 290.305 - Rebates by workers prohibited, exception.

Section 290.315 - Deductions from wages, agreement to be written, approval of public body required.

Section 290.320 - Advertising for bids before wage rates are determined prohibited.

Section 290.325 - Awarding contract or payment without wage rate determination prohibited.

Section 290.330 - Convicted violators of sections 290.210 to 290.340 listed, effect of.

Section 290.335 - Notice of violation, failure to comply, attorney general shall sue, injunctive relief authorized.

Section 290.340 - Penalty for violation.

Section 290.350 - Request for arbitration, when, how made — board to be appointed.

Section 290.360 - Board members — selected, how — officers.

Section 290.370 - Hearing and recommendations of board.

Section 290.380 - Expenses of board members to be paid.

Section 290.400 - Definitions.

Section 290.410 - Employer not to pay female lower wage.

Section 290.420 - Female may register complaint.

Section 290.430 - Labor and industrial relations commission to mediate wage disputes.

Section 290.440 - Female may recover wages, when — burden of proof.

Section 290.450 - Actions to be instituted in circuit court — limitations.

Section 290.460 - Powers and duties of commission.

Section 290.500 - Definitions.

Section 290.502 - Minimum wage rate — increase or decrease, when.

Section 290.505 - Overtime compensation, applicable number of hours, exceptions.

Section 290.507 - Agriculture, law not applicable.

Section 290.510 - Director may investigate to prove compliance.

Section 290.512 - Gratuities, goods or services as part of wages, effect on minimum wage requirements.

Section 290.515 - Physical or mental deficiency of employee, wage rate, determined by director, how.

Section 290.517 - Learners and apprentices, wage rate, determined by director, how.

Section 290.520 - Employer to keep records — director may inspect, records to be confidential.

Section 290.522 - Summary of law and wage rate, employer to post, how.

Section 290.523 - Rulemaking authority.

Section 290.525 - Violations — penalty.

Section 290.527 - Action for underpayment of wages, employee may bring — limitation.

Section 290.528 - Minimum wage and employment benefits, limitations on political subdivisions.

Section 290.529 - Severability clause.

Section 290.530 - Law not to interfere with collective bargaining rights.

Section 290.550 - Definitions.

Section 290.555 - Law to apply to certain projects.

Section 290.560 - Certain laborers to be used on public works projects, when — contract provisions — exceptions.

Section 290.565 - Law not to apply to certain personnel.

Section 290.570 - Federal projects, statutes not enforced, when.

Section 290.575 - Penalties for failure to use certain laborers, when.

Section 290.580 - Department to enforce law — injunctive relief, when.

Section 290.590 - Labor organization membership, dues, and fees not required as condition of employment — definitions — violations, penalty — investigation of complaints — inapplicability, when.