Effective - 28 Aug 2013
290.260. Determination of hourly rate for heavy and highway construction work, when made, where filed, objections, hearing, determination. — 1. The department, as it deems necessary, shall from time to time investigate and determine the prevailing hourly rate of wages for heavy and highway construction work in the localities. In doing so, the department shall accept and consider information regarding local wage rates that is submitted in either paper or electronic formats. A determination applicable to every locality to be contained in a general wage order shall be made annually on or before July first of each year for the Missouri state highways and transportation commission and shall remain in effect until superseded by a new general wage order. In determining prevailing rates, the department shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and the rates that are paid generally within the locality.
2. A certified copy of the determination so made shall be filed immediately with the secretary of state and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the filing.
3. At any time within thirty days after the certified copies of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to the determination or the part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection.
4. Within thirty days of the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing.
5. The department at its discretion may hear each written objection separately or consolidate for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The department, or the objector, or any interested party, thereafter may introduce any evidence that is material to the issues.
6. Within twenty days of the conclusion of the hearing, the department must rule on the written objection and make the final determination that it believes the evidence warrants. Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail.
7. This final decision of the department of the prevailing wages in the locality is subject to review in accordance with the provisions of chapter 536. Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a service of the final determination on persons not participating in the administrative proceedings resulting in the final determination.
8. At any time before trial any person affected by the final determination of the department may intervene in the proceedings to review under chapter 536 and be made a party to the proceedings.
9. All proceedings in any court affecting a determination of the department under the provisions of sections 290.210 to 290.340 shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.
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(L. 1957 p. 574 § 8, A.L. 1965 p. 95, A.L. 1969 S.B. 142, A.L. 2013 H.B. 34)
(1962) The function of the court in reviewing decision of industrial commission fixing hourly wage rate is to decide if the determination was authorized by law and supported by competent and substantial evidence upon the whole record. United Bro. of Carpenters, etc. v. Industrial Commission (A.), 363 S.W.2d 82.
Structure 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 290.090 - Factory employees paid semimonthly — amount withheld — 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 290.210 - Definitions.
Section 290.220 - Policy declared.
Section 290.240 - Department inquiry into complaints — rulemaking authority.
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 290.300 - 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 290.340 - 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 290.515 - 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 290.565 - 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.