GLASS Report: Legislative Action Alert: Regular Session 2015-2016: House Bill 538

Short Title: An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for definitions; and providing for duties of Department of Labor and Industry.

Prime Sponsor: Representative KAUFFMAN

Last Action: Referred to LABOR AND INDUSTRY, Feb. 23, 2015 [House]

Memo: Prevailing Wage Modification

Printer's No.: 612*

MEMORANDUM

Posted: December 5, 2014 09:17 AM

From:   Representative Rob Kauffman

To: All House members

Subject: Prevailing Wage Modification

In the near future, I plan to re-introduce legislation (formerly HB 1378) that will amend our Commonwealth’s Prevailing Wage Act (Act 442 of 1961) to require that the Secretary of Labor & Industry develop and adopt a complete list of worker classification/craft definitions, and to make the list available to the public on the Department of Labor & Industry’s website.  Additionally, this legislation would require that the worker classification/craft definitions apply statewide.

The Prevailing Wage Act requires the Secretary of Labor and Industry to determine “prevailing” minimum wage rates that must be paid to all workers on public construction projects that are estimated to cost over $25,000.  However, the Act does not specify how the Secretary is to determine the prevailing minimum wage for a locality, nor does it state how the Secretary is to develop worker classifications/craft definitions.  As a matter of administrative practice, the department has established these definitions based on local collective bargaining agreements. Currently, there is no statewide application of a common set of worker craft/classifications definitions, nor is there a complete listing of worker classification/craft definitions on the departments’ website.

This legislation will require the department to utilize many sources (including collective bargaining agreements) to develop standard  worker definitions. Quite simply, this legislation will establish a simple, fair means of enforcing the law so that all contractors will understand, and be able to follow it. It is strongly supported by the Associated Builders and Contractors (ABC).

Previous co-sponsors:  MARSICO, F. KELLER, SWANGER, HELM, BLOOM, AUMENT, CUTLER, GROVE, TALLMAN, HICKERNELL, SAYLOR, ROSS, GINGRICH, ROCK, FEE, MENTZER, LAWRENCE, MOUL, CLYMER and MILNE