Maine Revised Statutes Title 26 Sec. 1306 – Fair minimum rate of wages and benefits; determination
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Terms Used In Maine Revised Statutes Title 26 Sec. 1306
- Construction: means any construction, reconstruction, demolition, improvement, enlargement, painting, decorating or repair of any public works let to contract. See Maine Revised Statutes Title 26 Sec. 1304
- Contract: A legal written agreement that becomes binding when signed.
- Fair minimum wage and benefits: means the prevailing wage and benefits as determined by the Director of the Bureau of Labor Standards according to section 1306. See Maine Revised Statutes Title 26 Sec. 1304
- Locality: means where the construction is to be performed and the adjacent areas from which labor would be recruited for work on the project, and, in appropriate circumstances, it may be deemed to include the entire State. See Maine Revised Statutes Title 26 Sec. 1304
- Prevailing wage and benefits: means the hourly wage and benefits paid to the median number of workers employed in a trade or occupation on the 2nd and 3rd week in September. See Maine Revised Statutes Title 26 Sec. 1304
- Public authority: means the Maine Turnpike Authority or any officer, board, commission or agency of the State that is authorized by law to enter into contracts for the construction of public works and is supported in whole or in part by public funds of the State. See Maine Revised Statutes Title 26 Sec. 1304
- Public works: includes public schools and all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, waterworks, airports and all other structures upon which construction is funded in whole or in part by state funds and for which the contract amounts to $50,000 or more. See Maine Revised Statutes Title 26 Sec. 1304
- Trade: means a construction work activity engaged in by a craft worker. See Maine Revised Statutes Title 26 Sec. 1304
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
The public authority shall, before advertising for bids for a public contract, ascertain from the Director of the Bureau of Labor Standards the fair minimum rate of wages and benefits to be paid by the successful bidder to the laborers, workers or mechanics employed in the performance of the contract. A schedule of minimum wages and benefits must be attached to and made a part of the specifications for the construction and must be included in the bidding documents. The “fair minimum rate of wages and benefits,” for the intent and purposes of sections 1304 to 1313, is the prevailing wage and benefits paid in the locality in like construction. The director or a delegated member of that bureau shall assemble the data as to wages paid by contractors employing 5 or more construction workers in the State during the 2nd and 3rd week of September of each year. From these data, the fair minimum wage and benefits for the following calendar year must be determined by the director. Minimum wages and benefits may not be established for any trade or occupation if fewer than 10 workers are employed in such a trade or occupation in the State in the 2nd and 3rd week of September. [PL 1997, c. 757, §5 (AMD).]
The minimum wage and benefits must be established and filed as requested by the public authority within 30 days after such a request is received by the director. No minimum wage may be determined until January 1, 1968 and does not apply to the construction of public works then underway. When fair minimum wage and benefit rates are included and made a part of any contract, the rate must remain unchanged during the time the contract is in effect. [PL 1997, c. 757, §5 (AMD).]
SECTION HISTORY
PL 1965, c. 406, §2 (NEW). PL 1967, c. 403 (RPR). PL 1971, c. 620, §13 (AMD). PL 1975, c. 59, §3 (AMD). RR 1995, c. 2, §66 (COR). PL 1997, c. 757, §5 (AMD).