The Washington State
PrevailingWage Law
Understand your responsibilities and
rights when performing public work.
October 2023 Edition
NOTICE
This document contains sections of the Revised Code of Washington (RCW, laws) and
the Washington Administrative Code (WAC, rules) that are current as of the date shown
on the front cover. Changes to laws and/or rules may occur in legislative sessions or
departmental rule activities. Please research the most current language of the laws,
which is available at search.leg.wa.gov. Reference the site later if you are reading a
paper copy of this document where WAC and RCW links are not currently accessible.
You may also contact the Prevailing Wage Program to obtain the most current laws.
Contact information is available at the back of this booklet.
Cover photo courtesy of WSDOT.
Dear Reader:
This booklet will help you understand prevailing wage paid on public works. It
is meant for contractors, representatives of public agencies that award public
works contracts, workers, and other interested parties.
The Prevailing Wages on Public Works Act (Revised Code of Washington
Chapter39.12), was enacted in 1945. It’s triggered when construction projects
use public funds to build schools, roads, and other projects.
The Washington State Department of Labor & Industries enforces the law,
which protects workers from substandard wages and preserves local wage
standards. The law also ensures contractors have a level playing field when
bidding on public projects.
This booklet starts with a plain language description, which is divided into
sections for contractors, awarding agencies, and workers and other interested
parties. The other sections provide the text of the state law and rules.
The plain language chapter is provided to help you understand the laws and
rules. It includes the sections from the Revised Code of Washington and
Washington Administrative Code where you can get more information. Do
not rely on the plain language description as a substitute for requirements
underthe law.
We ask that you comply with these requirements. There may also be additional
changes since publication of this document. If you have questions, please
contact us for assistance
—
that information is available at the back of
thisbooklet.
Jody Robbins
Program Manager/Industrial Statistician
This page is left intentionally blank.
Contents
1. Plain Language Description............................1
The Prevailing Wages on Public Works Act ...........................2
Definitions.........................................................2
2. Awarding Agencies ...................................3
Determine whether the project requires paying prevailing wage ........4
Bidding, contracting, hiring responsible contractors ...................5
Required documents for starting work and paying contractors .........7
Review Intents and certified payroll reports ..........................8
When the work is done ............................................12
3. Contractors..........................................13
Determine whether the project requires paying prevailing wage .......14
Requirements to bid on public works projects ........................15
Identify the required prevailing wage rate to pay employees...........15
Required documents for doing the work .............................18
When the work is done ............................................19
4. Workers, Interested Parties...........................21
Rights of Workers Under the Prevailing Wage Act ....................22
Interested Parties .................................................23
5. Selected Laws.......................................25
RCWs ............................................................26
6. Selected Rules.......................................55
WACs ............................................................56
7. Quick-access Links ..................................81
Contact Information ...............................................84
How to Use this Booklet: The Plain Language Description chapter of this booklet is
provided to help you understand the laws and regulations regarding prevailing wages.
A brief explanation is provided to ease your research into the laws and WAC rules.
At the end of each section, the applicable Revised Code of Washington (RCW) and
Washington Administrative Code (WAC) references are given so you can directly
locate, read, and understand the laws and regulations. Together, these references
should help you understand your rights and responsibilities. Telephone numbers for
contacting the Department of Labor & Industries (L&I) are provided at the back of this
booklet, in case you have further questions. You may also email the L&I Prevailing
Wage office at pw1@Lni.wa.gov to request further information.
How NOT to Use this Booklet: Do not rely on this plain language description without
reading the laws and regulations. The informal discussions below are helpful when
read in conjunction with the laws and WAC rules. They are not a substitute for
reading and understanding the laws and rules. Don’t hesitate to contact us with any
questions you may have.
1
1
Plain Language Description
2
The Prevailing Wages on Public Works Act
Enacted in 1945, the Washington State Prevailing Wages on Public Works Act
(app.leg.wa.gov/rcw/default.aspx?cite=39.12), also known as the “Prevailing Wage
Law,” or the Act, is a worker protection act. It requires workers be paid prevailing
wages when employed on public works projects. It is modeled after the federal
Davis-Bacon Act, enacted to protect employees of contractors performing public
works construction from substandard earnings, and preserve local wage standards.
Employees, not contractors or employers, are the beneficiaries of this law.
Definitions
A. Prevailing wage: The hourly wage, usual benefits, and overtime paid in the
largest city in each county, to the majority of workers, laborers, and mechanics
performing the same work. The rate is established separately for each county.
B. Scope of work: Classifications, or “scopes” of work are adopted as prevailing
wage rules in WACChapter 296-127. To ensure payment of the correct wage
rate, the worker must be paid at the trade or occupation rate that applies
to the scope, or type, of work performed. Scopes of work are available at
Lni.wa.gov/ScopesOfWork.
C. Usual (Fringe) benefits and overtime: The prevailing wage rate includes usual
benefits. Usual benefits include employer payments for medical insurance,
pensions, approved apprenticeship training programs, and vacation and holiday
pay. Deductions from worker paychecks are not usual benefits. Benefits required
by law (industrial insurance, Social Security, etc.) do not qualify as usual benefits.
Employers must pay a wage and usual benefits package that adds up to the
prevailing rate of wage.
D. Eight-hour workday: The Legislature has established an eight-hour workday
for public works projects. An exception is provided where there is a properly
executed agreement between the worker and employer for a 10-hour workday.
The agreement for a 10-hour workday must be voluntary, individual with each
worker, and signed and dated by both parties. Overtime rates must be paid for
allhours worked in excess of 40 hours.
3
2
Awarding Agencies
A contract Awarding Agency is an entity that includes
—
but is not limited to
—
stateand local governments, fire districts, public hospital districts, port districts,
andhousing authorities.
This section follows the process for Awarding Agencies to determine
whethertheyhave a project requiring paying prevailing wage. It also includes
the steps to hire a responsible bidder, reviewing payroll, and what to do
whencompletinga project.
4
Determine whether the project requires paying prevailing wage
Is the project:
Funded by any public dollars (direct or indirect for any portion of the project)?
RCWs39.04.010(4) and 39.12.030. WAC296-127-010(7).
OR
A turnkey project, private construction resulting from government agency
agreements to rent, lease or purchase?
RCW39.04.260 and WAC296-127-010(7)(a)(iii).
If you answered yes to either, then answer the following:
Does the project include any construction, reconstruction, maintenance or repair?
RCWs39.04.010 and 39.12.030. WAC296-127-010.
This work includes:
Building service maintenance (janitorial) contracts;
RCW39.12.020 and WAC296-127-023.
Landscape construction and grounds maintenance;
Small projects (no minimum dollar amount) such as maintenance and repairs
including “small works” roster contracts;
Off-site work such as custom fabrication for the public works project;
RCW39.04.010 and WAC296-127-010(5)(b).
Contractors subcontracting out all work.
A project that is either publicly funded or a turnkey project, and the work includes
any of the tasks listed above, is a project requiring prevailing wages. The next step
is to put the project to bid.
5
Bidding, contracting, hiring responsible contractors
Parties involved in public works contracts must include prevailing wage requirements
in bid documents and contracts. The parties include: the Awarding Agency; the prime
contractor; and subcontractors at all levels. Items that must be included in bidding
documents include:
A. Prevailing wage rates: Wage rates can be communicated one of two ways in your
bid and contract documents:
A printed list of the wage rates that identifies the effective date and the
county in which the public works project is located.
OR
A link to the prevailing wage rates lookup page, Lni.wa.gov/ContractorWages
on the L&I website, with the following:
-
Identify the exact wage publication date to use (the effective date).
-
List the county in which the public works project is located.
(Note: Off-site work will use the rates for the county where that off-site
work is performed.)
-
Provide a statement indicating a printed copy of the wage rates are
available for viewing in your office.
-
Explain that your agency will mail a hard copy upon request.
RCW39.12.030 and WAC296-127-010(9).
Retain a printed version of the rates as part of your records.
B. If you determine the project meets the definition of residential construction
(RCW39.12.017), you must state this in your bid and contract documents. As the
Awarding Agency, you are responsible for the difference between residential and
commercial wage rates if you make the determination it was residential and it was not.
Note: Laborers, mechanics and those at work on public projects are paid
prevailing wages. Other types of work may not require prevailing wages, such as:
-
Design (architects, and engineers, for example)
-
Software work
-
Computer programming
C. When prevailing wages are not required, employers do not need to file Intents or
Affidavits. Contact us if you need guidance.
6
D. Emergency work: There is a bidding exception for emergency work but prevailing
wage requirements still apply. An emergency means unforeseen circumstances
beyond the control of the Awarding Agency that either:
Present a real, immediate threat to the proper performance of
essentialfunctions.
Will likely result in material loss or damage to property, bodily injury, or loss
oflife if immediate action is not taken.
In the case of an emergency, tell the contractor this is a prevailing wage
job. After dealing with the emergency, it will be necessary to ensure the
workers were paid not less than the prevailing rate of pay and complete
the required prevailing wage paperwork. This includes Intents, certified
payroll, and Affidavits.
E. Hiring responsible contractors: A prime contractor and subcontractors must be
“responsible bidders” to bid on a public works project. See RCW39.04.350 and
RCW39.06.020. They must meet these requirements, including but not limited to:
Valid Unified Business Identifier (UBI), Lni.wa.gov/Verify.
Current contractor’s registration or licensing as required, Lni.wa.gov/Verify.
Industrial insurance coverage for employees, Lni.wa.gov/Verify.
Not currently debarred from bidding on a project that involves prevailingwage,
Lni.wa.gov/ContractorDebarList.
Must attend L&I training on Public Works and Prevailing Wage Law unless a
contractor has been in business for three or more years and has completed
three or more public works projects.
RCWs18.27, 39.04.350, 39.06.010, 39.12.050, 39.12.065, 51.48.020(1), and 51.48.103.
WAC296-127-310.
Note: Create a “My L&I” account to sign up for the Awarding Agency
Portal. You can check the status of the items above for multiple contractors
at the same time with the portal.
7
Required documents for starting work and paying contractors
To meet the state’s prevailing wage requirements, there are forms that must be filed
and approved by L&I before the Awarding Agency makes any payments.
A contractor or subcontractor must first file their Statement of Intent to Pay Prevailing
Wages. Contractors should file the Intent immediately after the contract is awarded and,
if possible, before work begins. You as the Awarding Agency have the option of creating
the information for the project on your Awarding Agency Portal, Lni.wa.gov/AAPortal.
RCWs39.12.030, 39.12.040, and 39.12.042.
A. Alternate filing process
—
Combined Intent/Affidavit forms
—
Two options:
Upto$2,500 small contracts, and Limited Public Works contracts (up to $50,000).
B. Two choices of combined Intent to Pay and Affidavit of Wages Paid forms may be
used, when appropriate, at the option of the public Awarding Agency:
$2,500 or less (including tax) combined Intent/Affidavit form. No form filing fee.
Limited Public Work: $2,501 to $50,000 (including tax) combined Intent/
Affidavit form. $40 filing fee.
File the combined form online through the Awarding Agency and Contractor portals. The
online system checks that the contractor is in good standing with L&I and verifies the
wage rate used is at least the prevailing rate of wage for the classification the contractor
will use. Please note: paper copies of the combined forms are no longer accepted.
There are limits on use of the alternative combined form filing options:
The public Awarding Agency accepts liability for unpaid wages.
RCW39.12.040(2).
No subcontractors are allowed.
The project must be paid for in a single payment.
No dividing or phasing of projects for ongoing work. The law prohibits breaking
the project into units or phases to avoid the maximum dollar limit.
No payment may be made to the contractor until the form is approved by the
public agency.
8
Review Intents and certified payroll reports
During the project, you as the Awarding Agency should review Intents as they are
filed. Failure to review the Intents can lead to delays in closing out a project and
releasing money that has been retained.
As part of the contract, and under law, contractors are required to file certified
payroll reports. This can be a good check for you to catch errors early in a project.
Sign in to your Awarding Agency Portal to review Intents, certified payroll, and
Affidavits, and manage your projects.
Lni.wa.gov/AAPortal
Review Intents and certified payroll reports for the following:
The type of work being done.
Where the work is taking place.
The effective date of your contract.
Detailed information for certified payroll reports.
A. Type of work: Which trades and occupations (“scopes of work” or
“classifications”) will be used?
It’s the work performed, not the title of the employee, that determines the
classification. See the Trade
—
Scopes of Work page on the Prevailing Wage
Program website at Lni.wa.gov for a description of the classifications.
Lni.wa.gov/ScopesOfWork
B. Journey level and apprentice wage rates: There are journey level and apprentice
wage rates. Trainees aren’t necessarily apprentices. If a trainee is not an
apprentice, then they must be paid the journey level wage rate. To be an apprentice,
the employee must be enrolled in a state-approved apprenticeship program.
Lni.wa.gov/FindApprenticeship
State registered apprentices can be paid reduced prevailing wage rates on
public works projects within the appropriate prevailing wage classification.
All other employees are paid full journey level prevailing wages.
RCW39.12.021.
For example: An apprentice carpenter doing carpenter work will be paid at
an apprentice wage rate. If the same worker does work in another trade,
such as ironworker, then they must be paid at the journey level wage rate for
ironworker. Report each apprentice on the Affidavit (see Page 12).
9
The contractor or subcontractor is responsible for using the correct
classification. Contractors must use the classification that best fits the work
being performed.
Remember, a single employee may be doing work under more than one
classification. This means the employer must either track the time worked
by the employee in each classification, or pay the highest rate for all
hoursof work.
-
See Scopes of Work for a description of the trade and occupation
classifications.
Lni.wa.gov/ScopesOfWork
C. In what county is the work taking place? Use the wage rates for the county in
which the job site is located for the on-site work. For off-site fabrication or work,
use the county in which the off-site work is performed. Contractors may list
multiple counties on their paperwork. Look up Wage Rates.
Lni.wa.gov/PrevailingWageRates
D. What date do I use to decide the effective prevailing wage rate(s)? Generally, the
effective date for prevailing wage rate(s) is the date the prime contractor’s bid is
due, or if the contract is not awarded within six months of the bid due date, then
use the contract award date. Subcontractors will use the same effective date as
the prime contractor. Use the effective date in the Look up Wage Rates page.
Lni.wa.gov/PrevailingWageRates
E. Exceptions to the effective date
Contracts awarded outside a bid process use the date the contract was signed.
Janitorial contracts require annual wage updates after the initial contract
effective date.
Job Order Contracts use the issue date of each work order.
Unit-priced contracts require annual wage updates after the initial contract
effective date.
For the construction phase effective date, General Contractor/Construction
Manager (GC/CM) uses the date of the Maximum Allowable Construction
Cost (MACC) negotiated agreement. The pre-construction, design contract
award date is used for any construction work that precedes the MACC.
Design-Build uses the award date of the construction contract.
10
F. About usual (fringe) benefits: Usual (fringe) benefits are contributions included as
part of the prevailing wage. Employers are not required to provide these benefits,
but when they do, the amounts paid by the contractor counts as credit toward the
prevailing wages paid. Benefits required by law such as sick leave or industrial
insurance cannot be included in the usual (fringe) benefits.
WAC296-127-014.
G. For prevailing wage, usual (fringe) benefits include employer contributions for:
Health care.
Pension.
Vacation.
Holidays.
Apprenticeship training funds.
Example: To calculate prevailing wage that includes usual benefit costs:
The prevailing wage rate is $30 per hour. The employer’s usual benefits
total $5 per hour. The wage rate paid to the employee is $25. The wage and
benefit calculation is $25 wage + $5 benefits = $30 per hour.
Note: Cash fringe benefits paid to the employee on the same or separate
paycheck is not considered a fringe benefit, such payments are considered
part of the employee’s wage.
H. Other items to consider
State and federal projects: For projects where both the state prevailing wage
law and the federal Davis-Bacon and Related Acts (DBRA) apply, contractors
must comply with both laws. For contractors, this involves meeting the most
demanding pay requirement of the two laws and completing the required
paperwork for each law.
When do contractors pay overtime?
-
Any hours worked over 8 hours per calendar day on a public works
project requires overtime pay.
-
If a valid 4/10 work agreement is in place, then overtime is paid after
10 hours are worked in a calendar day.
-
Any hours worked over 40 hours per week.
-
For additional overtime requirements, check the overtime, holiday and
note language, which can be found in the Look up Wage Rates page.
Lni.wa.gov/PrevailingWageRates
-
These requirements may include specific situations, such as work on a
holiday or work on Sundays or during certain hours of the day.
11
When must supervisors or foremen get paid prevailing wage? Supervisors
and foremen need to get paid prevailing wage for time doing “hands-on” work
within a work week if:
app.leg.wa.gov/wac/default.aspx?cite=296-127-015
-
50 percent or more of their time is spent doing hands on-work, they
must be paid the prevailing wage rate for all hours they work that week,
including the hours performing their supervisory duties.
-
20 percent but less than 50 percent of their time is spent doing hands on
work, they are only paid the prevailing wage for those hours worked.
Does an owner/operator get paid prevailing wage? No. While owner/
operators that meet the specified requirements are exempt from paying
themselves the prevailing rate of wage, they are still required to complete all
necessary paperwork, including the Intents, certified payroll, and Affidavits.
-
Certified payroll report requirements: Contractors are required to keep
for all work on a public works project for three years from the date you
accept the public works project as completed. You can request and view
these records within your Awarding Agency Portal.
RCW39.12.120. Lni.wa.gov/AAPortal
Certified payroll report records must include the following:
-
Employee name.
-
Address.
-
Social Security Number.
-
Trades and occupations including journey level and apprentice workers.
-
Straight time rate (actual rate of wage paid).
-
Hourly rate of usual benefits.
-
Hours worked including overtime hours worked each day and week.
-
All executed 4/10 work agreements.
-
All itemized deductions taken from gross wages.
Note: The contractor/employer on a public work must file the weekly
certified payroll records online with L&I at least once a month.
12
When the work is done
Other documents must be filed. These include:
A. The Affidavit. The “Affidavit of Wages Paid” reports from a contractor all the work
done on the project and the rates paid. Confirm whether the prime contractor and
all subcontractors have filed their required forms in your Awarding Agency Portal.
Lni.wa.gov/AAPortal
B. Contract acceptance. If no retainage is held, all Affidavits of Wages Paid forms
are required prior to acceptance.
C. Apprenticeship utilization. If your project includes apprenticeship utilization
requirements, you may use L&I certified payroll records data to verify and report
that your requirements were met.
D. Retainage release.
On public works projects costing $35,000 or more, including tax, public
agencies must withhold 5 percent of the contract amount until it is
demonstrated that all the contractors on the project have paid the appropriate
prevailing wages and state taxes, including workers’ compensation and
unemployment insurance premiums. A certificate of release of retainage
is issued by the State Department of Revenue (DOR), Employment Security
Department (ESD), and L&I. You may file a Notice of Completion of Public
Works Contract (F215-038-000) to request the retainage be released, using
the Awarding Agency Portal (Lni.wa.gov/AAPortal).
RCW60.28.051.
Unless a lien is filed, after you receive certificates of release of retainage
from all three agencies and after L&I approves all the Affidavits, you may
release the contract retainage to the Prime Contractor.
RCWs60.28.011, 60.28.021, and 60.28.040.
Note: You can use your Awarding Agency Portal to verify all Intents and
Affidavits are filed along with the Notice of Completion.
E. Warranty work. Warranty work is additional work on the same public works
contract. Here is what you need to know:
Prevailing wages are still required.
The original Intent on the contract is still effective.
A new affidavit will be required (if the affidavit had already been filed) to
report on the new total hours of work.
13
3
Contractors
This section follows the process for contractors and subcontractors
—
including L&I documents required under the law. This section also includes
whatcontractors need to do once the project is completed.
14
Determine whether the project requires paying prevailing wage
Am I required to pay prevailing wage?
You should be informed if the project requires prevailing wages by soliciting party.
RCW39.12.030, and WAC296-127-011(5). Answering these questions also helps you
spot when prevailing wages are required:
Is the project:
Funded by any public dollars (direct or indirect for any portion of the project)?
RCWs39.04.010(4) and 39.12.030. WAC296-127-010(7).
OR
A turnkey project, private construction resulting from government agency
agreements to rent, lease or purchase?
RCW39.04.260 and WAC296-127-010(7)(a)(iii).
If you answered yes to either, then answer the following:
Does the project include any construction, reconstruction, maintenance or repair?
RCWs39.04.010 and 39.12.030. WAC296-127-010.
This work includes:
Building service maintenance (janitorial) contracts;
RCW39.12.020 and WAC296-127-023.
Landscape construction and grounds maintenance;
Small projects (no minimum dollar amount) such as maintenance and repairs
including “small works” roster contracts;
Off-site work such as custom fabrication for the public works project;
RCW39.04.010 and WAC296-127-010(5)(b).
Contractors subcontracting out all work.
If you answered yes to both questions, the project requires:
Paying prevailing wage; and
Filing documents such as the Statement of Intent to Pay Prevailing Wages and
Affidavit of Wages Paid, RCW39.12.040; and
Keeping payroll records, and submitting Certified Payroll Records, RCW39.12.120.
RCWs39.04.010, 39.12.010, and 39.12.030. WAC296-127-011.
15
Requirements to bid on public works projects
Contractors and subcontractors have several requirements, including being a
“responsible bidder,” to bid on a prevailing wage project.
RCWs39.04.350 and 39.06.020.
You must meet these requirements, including but not limited to:
Valid Unified Business Identifier (UBI), dol.wa.gov/business/checkstatus.html.
Current contractor’s registration or licensing as required, Lni.wa.gov/Verify.
Industrial insurance coverage for employees, Lni.wa.gov/Verify.
Not currently debarred from bidding on a project that involves prevailing wage,
Lni.wa.gov/ContractorDebarList.
Must attend L&I training on Public Works and Prevailing Wage Law unless a
contractor has been in business for three or more years and has completed
three or more public works projects.
RCWs18.27, 39.04.350, 39.06.010, 39.12.050, 39.12.065, 51.48.020(1), and 51.48.103.
WAC296-127-310.
Identify the required prevailing wage rate to pay employees
To find the correct wage rate for employees for a public works project, you will
needto identify:
The type and nature of work being done;
The county where the work is taking place; and
The effective date of your contract.
RCWs39.04.260, 39.12.020, and 39.12.030. WAC296-127-023.
Type of work
A. Which trades and occupations, (called “Scope of Work” or “classifications”)
willyou be using?
B. It’s the work performed, not the title of the employee, that determines
the classification. See the Trade: Scope of Work Descriptions
(Lni.wa.gov/ScopesOfWork).
C. Note: There are journey-level and apprentice wage rates. Trainees aren’t
apprentices. Unless the person is an apprentice enrolled in a state-registered
apprenticeship program, they must be paid the full, journey-level rates.
16
D. As the contractor, you are responsible for using the correct classification. You
need to use the classification that best fits the work being performed. L&I can
help. Email questions to pw1@Lni.wa.gov.
E. REMEMBER, a single employee may be doing work under more than one
classification. This means the employer must either track the time worked by the
employee in each classification, or pay the highest rate for all hours of work.
See the Scopes of Work page for a description of the trade and occupation
classifications: Lni.wa.gov/ScopesOfWork.
F. Where the work is being done? This is another factor in determining the prevailing
wage rate for a worker. Use the wage rates for the county in which the job site
is located for the on-site work. For off-site fabrication or work, use the county
in which the off-site work is performed. You can list multiple counties on your
paperwork. Look up Wage Rates.
Lni.wa.gov/PrevailingWageRates
G. The effective date of the contract: Generally, the effective date for prevailing
wage rate(s) is the prime contractor’s bid due date, or if the contract is not
awarded within six months of the bid due date, then use the contract award date.
WAC296-127-011.
H. There are exceptions to the effective date, including:
Contracts not awarded by bid use the date the contract was executed.
Janitorial contracts require annual wage updates after the initial contract
effective date.
Job Order Contracts use the issue date of each work order.
Unit Priced contracts (when allowed by law) use the beginning date for each
contract year and are updated each contract year.
For the construction phase effective date, General Contractor/Construction
Manager (GC/CM) uses the date of the Maximum Allowable Construction
Cost (MACC) (search.leg.wa.gov) negotiated agreement. The design phase
contract award date is used for the contracts awarded before the MACC.
Design-Build uses the award date of the construction contract.
17
About usual (fringe) benefits
Prevailing wage is made up of the wage plus the usual (fringe) benefits. Employers
are not required to provide these usual (fringe) benefits, but when they do, the
amounts paid by the contractor count as credit toward the prevailing wages paid.
Benefits required by law such as sick leave or industrial insurance cannot be included
in the usual (fringe) benefits. For prevailing wage, usual (fringe) benefits include
employer contributions for:
Health care
Pension
Vacation or holidays, or
Apprenticeship training funds
For example: The prevailing wage rate is $30 per hour. Your usual benefits
total $5 per hour. The wage rate per hour you would pay is $25. So: $25 wage
+ $5 paid in benefits = $30 per hour.
Note: Under state law, cash usual (fringe) benefits paid to the employee on the
same or separate paycheck is not considered a fringe benefit. Such payments are
considered part of the employee’s wage.
Other items to consider:
A. State and federal projects: For projects where both the state prevailing wage law
and the federal Davis-Bacon and Related Acts apply, contractors must comply
with both laws. This involves meeting the most demanding pay requirement of the
two laws and completing the required paperwork for each law.
WAC296-127-025.
B. When do I pay overtime?
Any hours worked over 8 hours per calendar day (RCW49.28.010) on a public
works project requires overtime pay.
If a valid 4/10 work agreement (WAC296-127-022) is in place, then overtime is
paid after 10 hours are worked in a calendar day.
Any hours worked over 40 hours per week.
For additional overtime requirements, check the overtime, holiday and note
language, which can be found in Look up Wage Rates.
Lni.wa.gov/PrevailingWageRates
18
C. These requirements may include specific situations, such as work on a holiday or
work on Sundays or during certain hours of the day. See example below.
When must supervisors or foremen get paid prevailing wage? Supervisors
and foremen need to get paid prevailing wage for time doing “hands-on” work
(app.leg.wa.gov/wac/default.aspx?cite=296-127-015) within a work week if:
-
50 percent or more of their time is spent doing hands-on work, they
must be paid the prevailing wage rate for all hours they work that week,
including the hours performing their supervisory duties.
-
20 percent but less than 50 percent of their time is spent doing hands-
on trades work, they are only paid the prevailing wage for those hours
worked performing trades work.
Does an owner/operator get paid prevailing wage? Certain owner/operators
(WAC296-127-026) who own at least 30 percent of the business are exempt
from paying themselves the prevailing rate of wage, they are still required
to complete all necessary paperwork, including the Intent, certified payroll
records, and Affidavits.
Required documents for doing the work
To meet the state’s prevailing wage requirements, there are steps you must take
toget paid:
Create a “My L&I” account (Lni.wa.gov/MyLNI) to sign up for PWIA portal
access (Lni.wa.gov/PWIAInstructions). This will allow you to file required forms
and manage certified payroll records.
File the Intent. The “Statement of Intent to Pay Prevailing Wages” should be
filed immediately after the contract is awarded and before work begins and can
be done online from the PWIA portal. To complete this filing, you will need the
basic information about the project
—
such as the who, what, where, and when
of what’s involved.
Post the Intent. For contracts over $10,000, the approved Intent needs to
be posted on the job site. If the approval is pending, the complete listing of
applicable prevailing wage rates should be posted until the Intent is approved.
Note: The agency administering the contract cannot make any payments to
contractors until the Intent form is submitted and approved by L&I.
19
Keep track of payroll: Accurate payroll records need to be kept for all work on
a public works project. The records become certified by completing a Certified
Payroll Report within L&I’s PWIA portal, Lni.wa.gov/ContractorPortal. The
weekly certified records must be submitted at least monthly.
RCW39.12.120.
Certified payroll report records must include the following:
-
Employee name.
-
Address.
-
Social Security Number.
-
Trades and occupations.
-
Including journey level and apprentice workers.
-
Straight time rate (actual rate of wage paid).
-
Hourly rate of usual benefits.
-
Hours worked including overtime hours worked each day and week.
-
All executed 4/10 work agreements.
-
All itemized deductions taken from gross wages.
When the work is done
Other documents must be filed. These include:
A. The Affidavit. The “Affidavit of Wages Paid” states the work you have done on the
project and the rates paid. File the Affidavit through the PWIA portal on “My L&I”.
RCWs39.04.155 and 39.12.040. WACs296-127-040, 296-127-045, and 296-127-050.
B. Check on your subcontractors. Determine whether all subcontractors have filed
their required forms through the PWIA portal on “My L&I.”
20
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21
4
Workers, Interested Parties
The Public Works Act is a worker-protection law. The worker, not the employer, is
the beneficiary. Further, local governments must be transparent when building public
works projects, such as school, roads, and other facilities. This section reviews the
rights under the law for workers, and those who are “interested parties.”
22
Rights of Workers Under the Prevailing Wage Act
The rights for workers under the Prevailing Wage Act include the following:
A. Posting. For projects over $10,000, Intent forms listing the scopes of work
and wages used on the project must be posted by the contractor and the
subcontractors at the job sites. In situations, such as road work, pipeline, and
sewer line construction, the employer may post at their local office so long as they
supply a copy of the Intent to any worker who requests it.
In the event the Intent has not been approved by L&I before work begins,
a complete list of prevailing wage rates for that county may be posted and
distributed. RCW39.12.020
B. Wage statements. Employers must provide an itemized statement showing time
worked, pay rate, gross wages, and a list of all deductions. It must be provided
with each paycheck.
WAC296-126-040.
C. Other records. The employer is required to keep the following:
Wage statement, including actual wages paid
Payroll records including name, address, Social Security number, trade or
occupation, straight-time rate, hourly rate of usual benefits, and overtime
hours worked each day and week.
Agreements to work up to 10-hour days
D. Employers must submit the weekly certified payroll records online to L&I at least
once a month. Interested parties can request copies of certified payroll records
from L&I using form F700-141-000 found at Lni.wa.gov/go/F700-141-000.
RCW39.12.120 and WAC296-127-320.
E. Filing a complaint. If a worker feels they are not being paid the correct wage for the
type of work done, a complaint can be filed with L&I. To file a complaint, complete
the Prevailing Wage Worker Complaint form (Lni.wa.gov/go/F700-146-000).
Also, an interested party can file a complaint on form Lni.wa.gov/go/F700-129-000.
The forms are available at Lni.wa.gov.
F. If you are unsure about filing a complaint, or if you have never filed a previous
wage complaint, see the Should I Be Paid Prevailing Wage? and How Much Should
I be Paid? tabs available at Prevailing Wage for Workers Lni.wa.gov/PWWorkers.
23
G. There are several factors that impact whether L&I can successfully assist you on
your complaint, including:
Date received
Completeness of complaint
Alleged violation(s) are under L&I jurisdiction
Ability to verify the violation
L&I seeks to complete prevailing wage investigations in 180 days. Complex
investigations often take longer. L&I will contact the worker when the agency makes
a finding regarding your complaint.
Important: If you or your attorney have already filed a complaint about these wages
in court, we cannot accept your claim.
Interested Parties
A person who is a part of an “Interested Party” can file a wage complaint with L&I
about a public works project. In law, “Interested Party” includes the following:
Contractor.
Subcontractor.
Employee of a contractor or subcontractor.
Organization whose members’ wages, benefits, and conditions of employment
are affected by the prevailing wage law.
By going to Lni.wa.gov and clicking on “Licensing and Permits, “Public Works Projects,”
and then “Interested Parties,” where the following documents are available, you can:
Search approved Intents and Affidavits.
Verify a contractor
—
and find out whether a company needs to undergo
prevailing wage training as required under law.
Look up wage rates.
Request certified payroll records, which are a certified copies of the wages
paid to workers on public works. See the Interested Party Request for Certified
Payroll and Instructions (F700-141-000).
File a complaint. Download and print out the complaint form Prevailing Wage
Interested Party Complaint (F700-129-000). One per public works project.
24
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25
5
Selected Laws
(Revised Code of Washington)
NOTICE
This document contains sections of the Revised Code of Washington (laws)
that are current as of the date shown on the front cover. Changes to laws may
occur in legislative sessions. Please research the most current language of
the laws, whichisavailable at search.leg.wa.gov. You may also contact the
PrevailingWageProgram to obtain the most current laws.
26
RCWs
Check the legislative website for current law: search.leg.wa.gov.
RCW Description
39.04.010 Definitions.
39.04.155
Small works roster contract procedures
—
Limited public works process
—
Definitions.
39.04.260
Private construction performed pursuant to contract for rental, lease, or
purchase by state
—
Must comply with prevailing wage law.
39.04.350 Bidder responsibility criteria
—
Sworn statement
—
Supplemental criteria.
39.06.010
Contracts with unregistered or unlicensed contractors and with other
violators prohibited.
39.06.020 Verification of subcontractor responsibility criteria.
39.12.010 Definitions.
39.12.015 Industrial statistician to make determinations of prevailing rate.
39.12.017
Industrial statistician to establish prevailing rate for residential
construction
—
Wage and hour surveys.
39.12.020
Prevailing rate to be paid on public works and under public building service
maintenance contracts
—
Posting of statement of intent
—
Exception.
39.12.021 Prevailing rate to be paid on public works
—
Apprentice workers.
39.12.026 Surveys
—
Applicability by county
—
Electronic option.
39.12.030
Contract specifications must state minimum hourly rate
—
Stipulation for
payment
—
Residential and commercial construction work.
39.12.040
Statement of intent to pay prevailing wages, affidavit of wages paid
—
Alternative procedure.
39.12.042
Compliance with RCW39.12.040
—
Liability of public agencies to workers,
laborers, or mechanics.
39.12.050
False statement or failure to file
—
Penalty
—
Unpaid wages lien against
bond and retainage
—
Prohibitions on bidding on future contracts
—
Hearing.
39.12.055 Prohibitions on bidding on future contracts.
39.12.060 Director of labor and industries to arbitrate disputes.
39.12.065 Investigation of complaints
—
Hearing
—
Remedies
—
Penalties.
39.12.070 Fees authorized for approvals, certifications, and arbitrations.
39.12.080 Public works administration account.
39.12.100 Independent contractors
—
Criteria.
39.12.110 Failure to provide or allow inspection of records.
39.12.120 Payroll records
—
Filing
—
Noncompliance.
27
RCW Description
49.28.010
Eight hour day, 1899 act
—
Public works contracts
—
Emergency overtime
—
Penalty.
49.28.040 Eight hour day, 1903 act
—
Policy enunciated.
49.28.050 Eight hour day, 1903 act
—
Contracts, cancellation of, for violations.
49.28.060 Eight hour day, 1903 act
—
Stipulation in contracts
—
Duty of officers.
49.28.065 Public works employees
—
Agreements to work ten hour day.
49.48.040 Enforcement of wage claims
—
Issuance of subpoenas
—
Compliance.
60.28.011
Retained percentage
—
Public transportation projects
—
Labor and
material lien created
—
Bond in lieu of retained funds
—
Termination
before completion
—
Chapter deemed exclusive
—
Release of ferry
contract payments
—
Projects of farmers home administration
—
General
contractor/construction manager procedure
—
Definitions.
60.28.021 Excess over lien claims paid to contractor.
60.28.040 Tax liens
—
Priority of liens.
60.28.051 Duties of disbursing officer upon completion of contract.
RCW39.04.010: Definitions:
The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1) “Award” means the formal decision by the state or municipality notifying a
responsible bidder with the lowest responsive bid of the state’s or municipality’s
acceptance of the bid and intent to enter into a contract with the bidder.
(2) “Contract” means a contract in writing for the execution of public work for a fixed or
determinable amount duly awarded after advertisement and competitive bid, or a contract
awarded under the small works roster process in RCW39.04.155.
(3) “Municipality” means every city, county, town, port district, or other public agency
authorized by law to require the execution of public work, except drainage districts, diking
districts, diking and drainage improvement districts, drainage improvement districts,
diking improvement districts, consolidated diking and drainage improvement districts,
consolidated drainage improvement districts, consolidated diking improvement districts,
irrigation districts, or other districts authorized by law for the reclamation or development
of waste or undeveloped lands.
(4) “Public work” means all work, construction, alteration, repair, or improvement
other than ordinary maintenance, executed at the cost of the state or of any municipality,
or which is by law a lien or charge on any property therein. All public works, including
maintenance when performed by contract shall comply with chapter 39.12RCW. “Public
work” does not include work, construction, alteration, repair, or improvement performed
under contracts entered into under RCW36.102.060(4) or under development agreements
entered into under RCW36.102.060(7) or leases entered into under RCW36.102.060(8).
(5) “Responsible bidder” means a contractor who meets the criteria in RCW39.04.350.
28
(6) “State” means the state of Washington and all departments, supervisors,
commissioners, and agencies of the state.
[ 2008 c 130 §16; 2007 c 133 §1; 2000 c 138 §102; 1997 c 220 §402 (Referendum Bill No. 48, approved
June 17, 1997); 1993 c 174 §1; 1989 c 363 §5; 1986 c 282 §1; 1982 c 98 §1; 1977 ex.s. c 177 §1; 1923 c
183 §1; RRS §10322-1.]
NOTES:
• Purpose
—
Part headings not law
—
2000 c 138: See notes following RCW39.04.155.
• Referendum
—
Other legislation limited
—
Legislators’ personal intent not indicated
—
Reimbursements for election
—
Voters’ pamphlet, election requirements
—
1997 c 220:
See RCW36.102.800 through 36.102.803.
• Municipalities
—
Energy audits and efficiency: RCW43.19.691.
RCW39.04.155: Small works roster contract procedures
—
Limited public works
process
—
Definitions.
(1) This section provides uniform small works roster provisions to award contracts
for construction, building, renovation, remodeling, alteration, repair, or improvement
of real property that may be used by state agencies and by any local government that
is expressly authorized to use these provisions. These provisions may be used in lieu
of other procedures to award contracts for such work with an estimated cost of three
hundred fifty thousand dollars or less. The small works roster process includes the
limited public works process authorized under subsection (3) of this section and any
local government authorized to award contracts using the small works roster process
under this section may award contracts using the limited public works process under
subsection (3) of this section.
(2)(a) A state agency or authorized local government may create a single general small
works roster, or may create a small works roster for different specialties or categories of
anticipated work. Where applicable, small works rosters may make distinctions between
contractors based upon different geographic areas served by the contractor. The small
works roster or rosters shall consist of all responsible contractors who have requested
to be on the list, and where required by law are properly licensed or registered to perform
such work in this state. A state agency or local government establishing a small works
roster or rosters may require eligible contractors desiring to be placed on a roster or
rosters to keep current records of any applicable licenses, certifications, registrations,
bonding, insurance, or other appropriate matters on file with the state agency or local
government as a condition of being placed on a roster or rosters. At least once a year,
the state agency or local government shall publish in a newspaper of general circulation
within the jurisdiction a notice of the existence of the roster or rosters and solicit the
names of contractors for such roster or rosters. In addition, responsible contractors shall
be added to an appropriate roster or rosters at any time they submit a written request and
necessary records. Master contracts may be required to be signed that become effective
when a specific award is made using a small works roster.
(b) A state agency establishing a small works roster or rosters shall adopt rules
implementing this subsection. A local government establishing a small works roster or
rosters shall adopt an ordinance or resolution implementing this subsection. Procedures
29
included in rules adopted by the department of enterprise services in implementing this
subsection must be included in any rules providing for a small works roster or rosters
that is adopted by another state agency, if the authority for that state agency to engage in
these activities has been delegated to it by the department of enterprise services under
chapter 43.19RCW. An interlocal contract or agreement between two or more state
agencies or local governments establishing a small works roster or rosters to be used
by the parties to the agreement or contract must clearly identify the lead entity that is
responsible for implementing the provisions of this subsection.
(c) Procedures shall be established for securing telephone, written, or electronic
quotations from contractors on the appropriate small works roster to assure that a
competitive price is established and to award contracts to the lowest responsible bidder,
as defined in RCW39.04.010. Invitations for quotations shall include an estimate of the
scope and nature of the work to be performed as well as materials and equipment to
be furnished. However, detailed plans and specifications need not be included in the
invitation. This subsection does not eliminate other requirements for architectural or
engineering approvals as to quality and compliance with building codes. Quotations may
be invited from all appropriate contractors on the appropriate small works roster. As an
alternative, quotations may be invited from at least five contractors on the appropriate
small works roster who have indicated the capability of performing the kind of work
being contracted, in a manner that will equitably distribute the opportunity among the
contractors on the appropriate roster. However, if the estimated cost of the work is
from two hundred fifty thousand dollars to three hundred fifty thousand dollars, a state
agency or local government that chooses to solicit bids from less than all the appropriate
contractors on the appropriate small works roster must also notify the remaining
contractors on the appropriate small works roster that quotations on the work are
being sought. The government has the sole option of determining whether this notice
to the remaining contractors is made by: (i) Publishing notice in a legal newspaper in
general circulation in the area where the work is to be done; (ii) mailing a notice to these
contractors; or (iii) sending a notice to these contractors by facsimile or other electronic
means. For purposes of this subsection (2)(c), “equitably distribute” means that a state
agency or local government soliciting bids may not favor certain contractors on the
appropriate small works roster over other contractors on the appropriate small works
roster who perform similar services.
(d) A contract awarded from a small works roster under this section need not be advertised.
(e) Immediately after an award is made, the bid quotations obtained shall be recorded,
open to public inspection, and available by at least one of the following: Telephone or
electronic request.
(f) For projects awarded under the small works roster process established under this
subsection, a state agency or authorized local government may waive the retainage
requirements of RCW60.28.011(1)(a), thereby assuming the liability for contractor’s
nonpayment of: (i) Laborers, mechanics, subcontractors, materialpersons, and suppliers;
and (ii) taxes, increases, and penalties under Titles 50, 51, and 82RCW that may be due
from the contractor for the project. However, the state agency or local government has
the right of recovery against the contractor for any payments made on the contractor’s
behalf. Recovery of unpaid wages and benefits are the first priority for actions filed
against the contract.
30
(3)(a) In lieu of awarding contracts under subsection (2) of this section, a state agency or
authorized local government may award a contract for work, construction, alteration, repair,
or improvement projects estimated to cost less than fifty thousand dollars using the limited
public works process provided under this subsection. Public works projects awarded under
this subsection are exempt from the other requirements of the small works roster process
provided under subsection (2) of this section and are exempt from the requirement that
contracts be awarded after advertisement as provided under RCW39.04.010.
(b) For limited public works projects, a state agency or authorized local government
shall solicit electronic or written quotations from a minimum of three contractors from
the appropriate small works roster and shall award the contract to the lowest responsible
bidder as defined under RCW39.04.010. After an award is made, the quotations shall
be open to public inspection and available by electronic request. A state agency or
authorized local government must equitably distribute opportunities for limited public
works projects among contractors willing to perform in the geographic area of the work.
A state agency or authorized local government shall maintain a list of the contractors
contacted and the contracts awarded during the previous twenty-four months under
the limited public works process, including the name of the contractor, the contractor’s
registration number, the amount of the contract, a brief description of the type of work
performed, and the date the contract was awarded. For limited public works projects, a
state agency or authorized local government may waive the payment and performance
bond requirements of chapter 39.08RCW and may waive the retainage requirements of
RCW60.28.011(1)(a), thereby assuming the liability for the contractor’s nonpayment of
laborers, mechanics, subcontractors, materialpersons, suppliers, and taxes, increases,
and penalties imposed under Titles 50, 51, and 82RCW that may be due from the
contractor for the limited public works project, however the state agency or authorized
local government shall have the right of recovery against the contractor for any payments
made on the contractor’s behalf.
(4) The breaking of any project into units or accomplishing any projects by phases is
prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract
that may be let using the small works roster process or limited public works process.
(5) A state agency or authorized local government may use the limited public works
process in this section to solicit and award small works roster contracts to minibusinesses
and microbusinesses as defined under RCW39.26.010 that are registered contractors.
(6) The definitions in this subsection apply throughout this section unless the context
clearly requires otherwise.
(a) “Equitably distribute opportunities” means that a state agency or authorized local
government may not favor certain contractors on the appropriate small works roster over
other contractors on the same roster who perform similar services.
(b) “State agency” means the department of enterprise services, the state parks and
recreation commission, the department of natural resources, the department of fish and
wildlife, the department of transportation, any institution of higher education as defined
under RCW28B.10.016, and any other state agency delegated authority by the department
of enterprise services to engage in construction, building, renovation, remodeling,
alteration, improvement, or repair activities.
[ 2019 c 434 §5; 2015 c 225 §33; 2009 c 74 §1; 2008 c 130 §17. Prior: 2007 c 218 §87; 2007 c 210 §1;
2007 c 133 §4; 2001 c 284 §1; 2000 c 138 §101; 1998 c 278 §12; 1993 c 198 §1; 1991 c 363 §109.]
31
NOTES:
• Finding
—
Intent
—
2019 c 434: See note following RCW35.23.352.
• Intent
—
Finding
—
2007 c 218: See note following RCW1.08.130.
• Purpose
—
2000 c 138: “The purpose of this act is to establish a common small works
roster procedure that state agencies and local governments may use to award
contracts for construction, building, renovation, remodeling, alteration, repair, or
improvement of real property.” [ 2000 c 138 §1.]
• Part headings not law
—
2000 c 138: “Part headings used in this act are not any part of
the law.” [ 2000 c 138 §302.]
• Purpose
—
Captions not law
—
1991 c 363: See notes following RCW2.32.180.
• Competitive bids
—
Contract procedure: RCW36.32.250.
RCW39.04.260: Private construction performed pursuant to contract for rental,
lease, or purchase by state
—
Must comply with prevailing wage law.
Any work, construction, alteration, repair, or improvement, other than ordinary
maintenance, that the state or a municipality causes to be performed by a private party
through a contract to rent, lease, or purchase at least fifty percent of the project by one or
more state agencies or municipalities shall comply with chapter 39.12RCW.
[ 1993 c 110 §1.]
NOTES:
• Application
—
1993 c 110: “Section 1 of this act shall not apply to any project for which a
call for competitive bids was made before July 25, 1993.” [ 1993 c 110 §2.]
RCW39.04.350: Bidder responsibility criteria
—
Sworn statement
—
Supplementalcriteria. *** CHANGE IN 2020 *** (SEE 6239.SL) ***
(1) Before award of a public works contract, a bidder must meet the following
responsibility criteria to be considered a responsible bidder and qualified to be awarded a
public works project. The bidder must:
(a) At the time of bid submittal, have a certificate of registration in compliance with
chapter 18.27RCW;
(b) Have a current state unified business identifier number;
(c) If applicable, have industrial insurance coverage for the bidder’s employees working
in Washington as required in Title 51 RCW; an employment security department number as
required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW;
(d) Not be disqualified from bidding on any public works contract under
RCW39.06.010 or 39.12.065(3);
(e) If bidding on a public works project subject to the apprenticeship utilization
requirements in RCW39.04.320, not have been found out of compliance by the
Washington state apprenticeship and training council for working apprentices out of
ratio, without appropriate supervision, or outside their approved work processes as
outlined in their standards of apprenticeship under chapter 49.04RCW for the one-year
period immediately preceding the date of the bid solicitation;
32
(f) Have received training on the requirements related to public works and prevailing
wage under this chapter and chapter 39.12RCW. The bidder must designate a person
or persons to be trained on these requirements. The training must be provided by the
department of labor and industries or by a training provider whose curriculum is approved
by the department. The department, in consultation with the prevailing wage advisory
committee, must determine the length of the training. Bidders that have completed three
or more public works projects and have had a valid business license in Washington
for three or more years are exempt from this subsection. The department of labor and
industries must keep records of entities that have satisfied the training requirement or
are exempt and make the records available on its web site. Responsible parties may rely
on the records made available by the department regarding satisfaction of the training
requirement or exemption; and
(g) Within the three-year period immediately preceding the date of the bid solicitation,
not have been determined by a final and binding citation and notice of assessment issued
by the department of labor and industries or through a civil judgment entered by a court of
limited or general jurisdiction to have willfully violated, as defined in RCW49.48.082, any
provision of chapter 49.46, 49.48, or 49.52RCW.
(2) Before award of a public works contract, a bidder shall submit to the contracting
agency a signed statement in accordance with chapter 5.50RCW verifying under penalty
of perjury that the bidder is in compliance with the responsible bidder criteria requirement
of subsection (1)(g) of this section. A contracting agency may award a contract in
reasonable reliance upon such a sworn statement.
(3) In addition to the bidder responsibility criteria in subsection (1) of this section, the
state or municipality may adopt relevant supplemental criteria for determining bidder
responsibility applicable to a particular project which the bidder must meet.
(a) Supplemental criteria for determining bidder responsibility, including the basis for
evaluation and the deadline for appealing a determination that a bidder is not responsible,
must be provided in the invitation to bid or bidding documents.
(b) In a timely manner before the bid submittal deadline, a potential bidder may request
that the state or municipality modify the supplemental criteria. The state or municipality
must evaluate the information submitted by the potential bidder and respond before
the bid submittal deadline. If the evaluation results in a change of the criteria, the
state or municipality must issue an addendum to the bidding documents identifying the
newcriteria.
(c) If the bidder fails to supply information requested concerning responsibility within
the time and manner specified in the bid documents, the state or municipality may base its
determination of responsibility upon any available information related to the supplemental
criteria or may find the bidder not responsible.
(d) If the state or municipality determines a bidder to be not responsible, the state or
municipality must provide, in writing, the reasons for the determination. The bidder may
appeal the determination within the time period specified in the bidding documents by
presenting additional information to the state or municipality. The state or municipality
must consider the additional information before issuing its final determination. If the final
determination affirms that the bidder is not responsible, the state or municipality may
not execute a contract with any other bidder until two business days after the bidder
determined to be not responsible has received the final determination.
33
(4) The capital projects advisory review board created in RCW39.10.220 shall develop
suggested guidelines to assist the state and municipalities in developing supplemental
bidder responsibility criteria. The guidelines must be posted on the board’s web site.
[ 2019 c 232 §15; 2018 c 243 §1; 2017 c 258 §2; 2010 c 276 §2; 2009 c 197 §2; 2007 c 133 §2.]
NOTES:
• Effective date
—
2018 c 243: “This act takes effect July 1, 2019.” [ 2018 c 243 §2.]
• Findings
—
2017 c 258: “The legislature finds that government contracts should not be awarded
to those who knowingly and intentionally violate state laws. The legislature also finds that
businesses that follow the law and pay their workers appropriately are placed at a competitive
disadvantage to those who reduce costs by willfully violating the minimum wage act and wage
payment act. In order to create a level playing field for businesses and avoid taxpayer contracts
going to those that willfully violate the law and illegally withhold money from workers, the state
should amend the state responsible bidder criteria to consider whether a company has willfully
violated the state’s wage payment laws over the previous three years.” [ 2017 c 258 §1.]
• Rules
—
Implementation
—
2009 c 197: See note following RCW39.04.320.
RCW39.06.010: Contracts with unregistered or unlicensed contractors and with
other violators prohibited.
No agency of the state or any of its political subdivisions may execute a contract:
(1) With any contractor who is not registered or licensed as may be required by the laws
of this state other than contractors on highway projects who have been prequalified as
required by RCW47.28.070, with the department of transportation to perform highway
construction, reconstruction, or maintenance; or
(2) For two years from the date that a violation is finally determined, with any person or
entity who has been determined by the respective administering agency to have violated
RCW50.12.070(1)(b), 51.16.070(1)(b), or * 82.32.070(1)(b). During this two-year period, the person
or entity may not be permitted to bid, or have a bid considered, on any public works contract.
[ 1997 c 54 §1; 1984 c 7 §43; 1967 c 70 §3.]
NOTES:
• *Reviser’s note: RCW82.32.070 was amended by 1999 c 358 §14, changing subsection
(1)(b) to subsection (2).
• Construction building permits
—
Cities, towns or counties prohibited from issuing
without verification of registration: RCW18.27.110.
RCW39.06.020: Verification of subcontractor responsibility criteria.
A public works contractor must verify responsibility criteria for each first tier subcontractor,
and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria
for each of its subcontractors. Verification shall include that each subcontractor, at the time of
subcontract execution, meets the responsibility criteria listed in RCW39.04.350(1) and possesses
an electrical contractor license, if required by chapter 19.28RCW, or an elevator contractor license,
if required by chapter 70.87RCW. This verification requirement, as well as the responsibility
criteria, must be included in every public works contract and subcontract of every tier.
[ 2007 c 133 §3.]
34
RCW39.12.010: Definitions. (Effective Jan. 1, 2020.)
(1) The “prevailing rate of wage” is the rate of hourly wage, usual benefits, and overtime
paid in the locality, as hereinafter defined, to the majority of workers, laborers, or mechanics,
in the same trade or occupation. In the event that there is not a majority in the same trade or
occupation paid at the same rate, then the average rate of hourly wage and overtime paid
to such laborers, workers, or mechanics in the same trade or occupation is the prevailing
rate. If the wage paid by any contractor or subcontractor to laborers, workers, or mechanics
on any public work is based on some period of time other than an hour, the hourly wage is
mathematically determined by the number of hours worked in such period of time.
(2) The “locality” is the largest city in the county wherein the physical work is
beingperformed.
(3) The “usual benefits” includes the amount of:
(a) The rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person pursuant to a fund, plan, or program; and
(b) The rate of costs to the contractor or subcontractor, which may be reasonably
anticipated in providing benefits to workers, laborers, and mechanics pursuant to an
enforceable commitment to carry out a financially responsible plan or program which was
communicated in writing to the workers, laborers, and mechanics affected, for medical or
hospital care, pensions on retirement or death, compensation for injuries or illness resulting
from occupational activity, or insurance to provide any of the foregoing, for unemployment
benefits, life insurance, disability and sickness insurance, or accident insurance, for
vacation and holiday pay, for defraying costs of apprenticeship or other similar programs,
or for other bona fide fringe benefits, but only where the contractor or subcontractor is not
required by other federal, state, or local law to provide any of such benefits.
(4) An “interested party” includes a contractor, subcontractor, an employee of a
contractor or subcontractor, an organization whose members’ wages, benefits, and
conditions of employment are affected by this chapter, and the director of labor and
industries or the director’s designee.
(5) An “inadvertent filing or reporting error” is a mistake and is made notwithstanding
the use of due care by the contractor, subcontractor, or employer. An inadvertent filing or
reporting error includes a contractor who, in good faith, relies on a written determination
provided by the department of labor and industries and pays its workers, laborers, and
mechanics accordingly, but is later found to have not paid the proper prevailing wage rate.
(6) “Unpaid prevailing wages” or “unpaid wages” means the employer fails to pay all
of the prevailing rate of wages owed for any workweek by the regularly established pay
day for the period in which the workweek ends. Every employer must pay all wages, other
than usual benefits, owing to its employees not less than once a month. Every employer
must pay all usual benefits owing to its employees by the regularly established deadline
for those benefits.
(7) “Rate of contribution” means the effective annual rate of usual benefit contributions
for all hours, public and private, worked during the year by an employee (commonly referred
to as “annualization” of benefits). The only exemption to the annualization requirements is
for defined contribution pension plans that have immediate participation and vesting.
[ 2019 c 242 §2; 1989 c 12 §6; 1985 c 15 §1; 1965 ex.s. c 133 §1; 1945 c 63 §3; Rem. Supp. 1945 §10322-22.]
35
NOTES:
• Findings
—
2019 c 242: “The legislature finds:
-
(1) That from the shift in the 1980s from criminal to civil penalties for prevailing
wage violations that the law needs some enhancements to effectively provide the
department of labor and industries with the ability to utilize its civil remedies to both
discourage and penalize repeat and willful violations of the law.
-
(2) Revisions to chapter 39.12RCW are long overdue and are necessary to
appropriately address filing and reporting procedures and penalties, which are
necessary to strengthen enforcement of and deterrence from repeat and/or willful
violations of the chapter.” [ 2019 c 242 §1.]
• Effective date
—
2019 c 242: “This act takes effect January 1, 2020.” [ 2019 c 242 §6.]
• Severability
—
1985 c 15: See note following RCW39.12.065.
RCW39.12.015: Industrial statistician to make determinations of prevailing rate.
(1) All determinations of the prevailing rate of wage shall be made by the industrial
statistician of the department of labor and industries.
(2) The time period for recovery of any wages owed to a worker affected by the
determination is tolled until the prevailing wage determination is final.
(3)(a) Except as provided in RCW39.12.017, and notwithstanding RCW39.12.010(1), the
industrial statistician shall establish the prevailing rate of wage by adopting the hourly
wage, usual benefits, and overtime paid for the geographic jurisdiction established in
collective bargaining agreements for those trades and occupations that have collective
bargaining agreements. For trades and occupations with more than one collective
bargaining agreement in the county, the higher rate will prevail.
(b) For trades and occupations in which there are no collective bargaining agreements
in the county, the industrial statistician shall establish the prevailing rate of wage as
defined in RCW39.12.010 by conducting wage and hour surveys. In instances when
there are no applicable collective bargaining agreements and conducting wage and hour
surveys is not feasible, the industrial statistician may employ other appropriate methods
to establish the prevailing rate of wage.
[ 2019 c 29 §2. Prior: 2018 c 248 §1; 2018 c 242 §1; 1965 ex.s. c 133 §2.]
NOTES:
• Intent
—
2019 c 29: “The legislature intends that the methodology for establishing
the prevailing rates of wages under this act applies only to affordable housing,
homeless and domestic violence shelters, and low-income weatherization and home
rehabilitation programs.” [ 2019 c 29 §1.]
• Effective date
—
2019 c 29: “This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [April 17, 2019].” [ 2019 c 29 §5.]
• Publication of wage rates
—
Effective date
—
2019 c 29: See note following RCW39.12.017.
36
RCW39.12.017: Industrial statistician to establish prevailing rate for residential
construction
—
Wage and hour surveys.
(1) For residential construction, the industrial statistician shall establish the prevailing
rate of wage by conducting wage and hour surveys. If the industrial statistician
determines that information received from a survey is insufficient to determine the
prevailing rate of wage for a trade under this subsection, the industrial statistician shall
employ other appropriate methods to establish the prevailing rate of wage.
(a) The industrial statistician shall conduct the initial surveys required by this subsection
(1) as soon as feasible after April 17, 2019. These surveys shall cover fiscal year 2018.
(b) The industrial statistician shall conduct a wage and hour survey following the initial survey
or otherwise reestablish a prevailing rate of wage for each trade covered by this section at least
every five years, and after the initial survey may stagger the surveys for workload purposes.
(2)(a) Until the industrial statistician has established a prevailing wage rate under
subsection (1)(a) of this section and except as provided in (b) of this subsection, the
industrial statistician shall establish the wage rate by:
(i) Identifying the residential prevailing wage rate in effect on August 30, 2018, for
thattrade (rate A);
(ii) Determining the year most recent to 2018, but not earlier than 2007, in which the
wage rate for that trade was adjusted (year A);
(iii) Determining the percentage change in the annual average hourly wages reported for
construction workers in Washington state, as calculated by the United States bureau of labor
statistics’ state and area employment, hours, and earnings estimates, from year A to 2019;
(iv) Adding the percentage change from (a)(iii) of this subsection to one hundred percent
(percentage A); and
(v) Multiplying rate A by percentage A.
(b) If the residential construction wage rate in effect for a trade on August 31, 2018,
is the same as the wage rate in effect on August 30, 2018, the industrial statistician
must adopt the wage rate in effect for the trade on August 31, 2018, until a wage rate is
established under subsection (1)(a) of this section.
(3) For purposes of this section:
(a) “Residential construction” means construction, alteration, repair, improvement, or
maintenance of single-family dwellings, duplexes, apartments, condominiums, and other
residential structures not to exceed four stories in height, including the basement, in the
following categories:
(i) Affordable housing, including permanent supportive housing and transitional
housing, which may include common spaces, community rooms, recreational spaces, a
management office, or offices for the purposes of service delivery;
(ii) Weatherization and home rehabilitation programs for low-income households; and
(iii) Homeless shelters and domestic violence shelters.
(b) “Residential construction” does not include the utilities construction, such as water
and sewer lines, or work on streets, or work on other structures unrelated to the housing.
[ 2019 c 29 §3.]
37
NOTES:
• Publication of wage rates
—
Effective date
—
2019 c 29: “The industrial statistician must
establish and publish wage rates under RCW39.12.017(2) within thirty days after April
17, 2019. The wage rates take effect thirty days after publication.” [ 2019 c 29 §4.]
• Effective date
—
Intent
—
2019 c 29: See notes following RCW39.12.015.
RCW39.12.020: Prevailing rate to be paid on public works and under public building
service maintenance contracts
—
Posting of statement of intent
—
Exception.
The hourly wages to be paid to laborers, workers, or mechanics, upon all public works
and under all public building service maintenance contracts of the state or any county,
municipality or political subdivision created by its laws, shall be not less than the
prevailing rate of wage for an hour’s work in the same trade or occupation in the locality
within the state where such labor is performed. For a contract in excess of ten thousand
dollars, a contractor required to pay the prevailing rate of wage shall post in a location
readily visible to workers at the job site: PROVIDED, That on road construction, sewer line,
pipeline, transmission line, street, or alley improvement projects for which no field office
is needed or established, a contractor may post the prevailing rate of wage statement at
the contractor’s local office, gravel crushing, concrete, or asphalt batch plant as long as
the contractor provides a copy of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing wages approved by the industrial
statistician of the department of labor and industries under RCW39.12.040; and
(2) The address and telephone number of the industrial statistician of the department of
labor and industries where a complaint or inquiry concerning prevailing wages may be made.
This chapter shall not apply to workers or other persons regularly employed by the
state, or any county, municipality, or political subdivision created by its laws.
[ 2007 c 169 §1; 1989 c 12 §7; 1982 c 130 §1; 1981 c 46 §1; 1967 ex.s. c 14 §1; 1945 c 63 §1;
Rem.Supp. 1945 §10322-20.]
RCW39.12.021: Prevailing rate to be paid on public works
—
Apprentice workers.
Apprentice workers employed upon public works projects for whom an apprenticeship
agreement has been registered and approved with the state apprenticeship council
pursuant to chapter 49.04RCW, must be paid at least the prevailing hourly rate for an
apprentice of that trade. Any worker for whom an apprenticeship agreement has not been
registered and approved by the state apprenticeship council shall be considered to be a
fully qualified journey level worker, and, therefore, shall be paid at the prevailing hourly
rate for journey level workers.
[ 1989 c 12 §8; 1963 c 93 §1.]
RCW39.12.026: Surveys
—
Applicability by county
—
Electronic option.
(1) In establishing the prevailing rate of wage under RCW39.12.010, 39.12.015, and
39.12.020, all data collected by the department of labor and industries may be used only in
the county for which the work was performed.
38
(2) The department of labor and industries must provide registered contractors with the
option of completing a wage survey electronically.
[ 2015 3rd sp.s. c 40 §2; 2003 c 363 §206.]
NOTES:
• Effective date
—
2015 3rd sp.s. c 40: See note following RCW39.04.320.
• Findings
—
Intent
—
2003 c 363 §§201-206: See note following RCW49.04.141.
• Part headings not law
—
Severability
—
2003 c 363: See notes following RCW47.28.241.
RCW39.12.030: Contract specifications must state minimum hourly rate
—
Stipulation for payment
—
Residential and commercial construction work.
(1) The specifications for every contract for the construction, reconstruction,
maintenance or repair of any public work to which the state or any county, municipality,
or political subdivision created by its laws is a party, shall contain a provision stating the
hourly minimum rate of wage, not less than the prevailing rate of wage, which may be paid
to laborers, workers, or mechanics in each trade or occupation required for such public
work employed in the performance of the contract either by the contractor, subcontractor
or other person doing or contracting to do the whole or any part of the work contemplated
by the contract, and the contract shall contain a stipulation that such laborers, workers,
or mechanics shall be paid not less than such specified hourly minimum rate of wage.
If the awarding agency determines that the work contracted for meets the definition of
residential construction, the contract must include that information.
(2) If the hourly minimum rate of wage stated in the contract specifies residential
construction rates and it is later determined that the work performed is commercial and
subject to commercial construction rates, the state, county, municipality, or political
subdivision that entered into the contract must pay the difference between the residential
rate stated and the actual commercial rate to the contractor, subcontractor, or other
person doing or contracting to do the whole or any part of the work under the contract.
[ 2009 c 62 §1; 1989 c 12 §9; 1945 c 63 §2; Rem. Supp. 1945 §10322-21.]
RCW39.12.040: Statement of intent to pay prevailing wages, affidavit of wages
paid
—
Alternative procedure.
(1)(a) Except as provided in subsection (2) of this section, before payment is made by or
on behalf of the state, or any county, municipality, or political subdivision created by its
laws, of any sum or sums due on account of a public works contract, it is the duty of the
officer or person charged with the custody and disbursement of public funds to require
the contractor and each and every subcontractor from the contractor or a subcontractor
to submit to such officer a “Statement of Intent to Pay Prevailing Wages”. For a contract
in excess of ten thousand dollars, the statement of intent to pay prevailing wages
mustinclude:
(i) The contractor’s registration certificate number; and
(ii) The prevailing rate of wage for each classification of workers entitled to prevailing
wages under RCW39.12.020 and the estimated number of workers in each classification.
39
(b) Each statement of intent to pay prevailing wages must be approved by the industrial
statistician of the department of labor and industries before it is submitted to the
disbursing officer. Unless otherwise authorized by the department of labor and industries,
each voucher claim submitted by a contractor for payment on a project estimate must
state that the prevailing wages have been paid in accordance with the prefiled statement
or statements of intent to pay prevailing wages on file with the public agency. Following
the final acceptance of a public works project, it is the duty of the officer charged with the
disbursement of public funds, to require the contractor and each and every subcontractor
from the contractor or a subcontractor to submit to such officer an affidavit of wages
paid before the funds retained according to the provisions of RCW60.28.011 are released
to the contractor. On a public works project where no retainage is withheld, the affidavit
of wages paid must be submitted to the state, county, municipality, or other public body
charged with the duty of disbursing or authorizing disbursement of public funds prior
to final acceptance of the public works project. If a subcontractor performing work on
a public works project fails to submit an affidavit of wages paid form, the contractor or
subcontractor with whom the subcontractor had a contractual relationship for the project
may file the forms on behalf of the nonresponsive subcontractor. Affidavit forms may
only be filed on behalf of a nonresponsive subcontractor who has ceased operations or
failed to file as required by this section. The contractor filing the affidavit must accept
responsibility for payment of prevailing wages unpaid by the subcontractor on the project
pursuant to RCW39.12.020 and 39.12.065. Intentionally filing a false affidavit on behalf of
a subcontractor subjects the filer to the same penalties as are provided in RCW39.12.050.
Each affidavit of wages paid must be certified by the industrial statistician of the
department of labor and industries before it is submitted to the disbursing officer.
(2) As an alternate to the procedures provided for in subsection (1) of this section, for
public works projects of two thousand five hundred dollars or less and for projects where
the limited public works process under RCW39.04.155(3) is followed:
(a) An awarding agency may authorize the contractor or subcontractor to submit the
statement of intent to pay prevailing wages directly to the officer or person charged with
the custody or disbursement of public funds in the awarding agency without approval by the
industrial statistician of the department of labor and industries. The awarding agency must
retain such statement of intent to pay prevailing wages for a period of not less than three years.
(b) Upon final acceptance of the public works project, the awarding agency must require
the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt of the
affidavit of wages paid, the awarding agency may pay the contractor or subcontractor
in full, including funds that would otherwise be retained according to the provisions of
RCW60.28.011. Within thirty days of receipt of the affidavit of wages paid, the awarding
agency must submit the affidavit of wages paid to the industrial statistician of the
department of labor and industries for approval.
(c) A statement of intent to pay prevailing wages and an affidavit of wages paid must be
on forms approved by the department of labor and industries.
(d) In the event of a wage claim and a finding for the claimant by the department of labor
and industries where the awarding agency has used the alternative process provided
for in this subsection (2), the awarding agency must pay the wages due directly to the
claimant. If the contractor or subcontractor did not pay the wages stated in the affidavit
of wages paid, the awarding agency may take action at law to seek reimbursement from
40
the contractor or subcontractor of wages paid to the claimant, and may prohibit the
contractor or subcontractor from bidding on any public works contract of the awarding
agency for up to one year.
(e) Nothing in this section may be interpreted to allow an awarding agency to subdivide
any public works project of more than two thousand five hundred dollars for the purpose
of circumventing the procedures required by subsection (1) of this section.
[ 2019 c 434 §6; 2013 c 113 §5; 2012 c 129 §1; 2009 c 219 §2; 2007 c 210 §4; 1991 c 15 §1; 1982 c 130 §2;
1981 c 46 §2; 1975-’76 2nd ex.s. c 49 §1; 1965 ex.s. c 133 §3; 1945 c 63 §4; Rem. Supp. 1945 §10322-23.]
NOTES:
• Finding
—
Intent
—
2019 c 434: See note following RCW35.23.352.
RCW39.12.042: Compliance with RCW39.12.040
—
Liability of public agencies to
workers, laborers, or mechanics.
If any agency of the state, or any county, municipality, or political subdivision created
by its laws shall knowingly fail to comply with the provisions of RCW39.12.040 as now
or hereafter amended, such agency of the state, or county, municipality, or political
subdivision created by its laws, shall be liable to all workers, laborers, or mechanics
to the full extent and for the full amount of wages due, pursuant to the prevailing wage
requirements of RCW39.12.020.
[ 1993 c 404 §3; 1989 c 12 §11; 1975-’76 2nd ex.s. c 49 §2.]
NOTES:
• Effective date
—
1993 c 404: See note following RCW39.12.070.
RCW39.12.050: False statement, failure to file, or failure to post document
required to be posted
—
Penalty
—
Unpaid wages lien against bond and
retainage
—
Prohibitions on bidding on future contracts
—
Hearing
—
Exception.
(Effective January 1, 2020.)
(1) Any contractor or subcontractor who files a false statement or fails to file any
statement or record required to be filed or fails to post a document required to be posted
under this chapter and the rules adopted under this chapter, shall, after a determination
to that effect has been issued by the director after hearing under chapter 34.05RCW,
forfeit as a civil penalty the sum of five hundred dollars for each false filing or failure to file
or post, and shall not be permitted to bid, or have a bid considered, on any public works
contract until the penalty has been paid in full to the director. The civil penalty under this
subsection does not apply to a violation determined by the director to be an inadvertent
filing or reporting error. The burden of proving, by a preponderance of the evidence, that
an error is inadvertent rests with the contractor or subcontractor charged with the error.
Civil penalties shall be deposited in the public works administration account.
To the extent that a contractor or subcontractor has not paid wages at the rate due
pursuant to RCW39.12.020, and a finding to that effect has been made as provided by
this subsection, such unpaid wages constitute a lien against the bonds and retainage as
provided in RCW18.27.040, 19.28.041, 39.08.010, and 60.28.011.
41
(2) If a contractor or subcontractor is found to have violated the provisions of
subsection (1) of this section for a second time within a five year period, the contractor or
subcontractor is subject to the sanctions prescribed in subsection (1) of this section and
shall not be allowed to bid on any public works contract for one year. The one year period
runs from the date of notice by the director of the determination of noncompliance. When
an appeal is taken from the director’s determination, the one year period commences from
the date the notice of violation becomes final.
The director shall issue his or her findings that a contractor or subcontractor has
violated the provisions of this subsection after a hearing held subject to the provisions
of chapter 34.05RCW, unless a notice of violation is not timely appealed. A notice of
violation not timely appealed is final and binding, and not subject to further appeal.
[ 2019 c 242 §3; 2009 c 219 §3; 2001 c 219 §1; 1985 c 15 §3; 1977 ex.s. c 71 §1; 1973 c 120 §1; 1945 c
63 §5; Rem. Supp. 1945 §10322-24.]
NOTES:
• Effective date
—
Findings
—
2019 c 242: See notes following RCW39.12.010.
• Severability
—
1985 c 15: See note following RCW39.12.065.
RCW39.12.055: Prohibitions on bidding on future contracts.
A contractor shall not be allowed to bid on any public works contract for one year from
the date of a final determination that the contractor has committed any combination of
two of the following violations or infractions within a five-year period:
(1) Violated RCW51.48.020(1) or 51.48.103;
(2) Committed an infraction or violation under chapter 18.27RCW for performing work
as an unregistered contractor; or
(3) Determined to be out of compliance by the Washington state apprenticeship and
training council for working apprentices out of ratio, without appropriate supervision, or
outside their approved work processes as outlined in their standards of apprenticeship
under chapter 49.04RCW.
[ 2009 c 197 §3; 2008 c 120 §3.]
NOTES:
• Rules
—
Implementation
—
2009 c 197: See note following RCW39.04.320.
• Conflict with federal requirements
—
Severability
—
2008 c 120: See notes following
RCW18.27.030.
RCW39.12.060: Director of labor and industries to arbitrate disputes.
Such contract shall contain a further provision that in case any dispute arises as to what
are the prevailing rates of wages for work of a similar nature and such dispute cannot
be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the director of the department of labor and
industries of the state and his or her decision therein shall be final and conclusive and
binding on all parties involved in the dispute.
[ 1989 c 12 §10; 1965 ex.s. c 133 §4; 1945 c 63 §6; Rem. Supp. 1945 §10322-25.]
42
NOTES:
• Arbitration of disputes: Chapter 49.08RCW.
• Uniform arbitration act: Chapter 7.04ARCW.
RCW39.12.065: Investigation of complaints
—
Notice of violation
—
Hearing
—
Exception
—
Remedies
—
Penalties
—
Waiver or reduction. (Effective January 1, 2020.)
(1) Upon complaint by an interested party, the director of labor and industries shall
cause an investigation to be made to determine whether there has been compliance with
this chapter and the rules adopted hereunder, and if the investigation indicates that a
violation may have occurred, the department of labor and industries may issue a notice
of violation for unpaid wages, penalties, and interest on all wages owed at one percent
per month. A hearing shall be held following a timely appeal of the notice of violation in
accordance with chapter 34.05RCW. The director shall issue a written determination
including his or her findings after the hearing unless a notice of violation is not timely
appealed. A notice of violation not timely appealed is final and binding, and not subject
to further appeal. A judicial appeal from the director’s determination may be taken
in accordance with chapter 34.05RCW, with the prevailing party entitled to recover
reasonable costs and attorneys’ fees.
A complaint concerning nonpayment of the prevailing rate of wage shall be filed with
the department of labor and industries no later than sixty days from the acceptance date
of the public works project. The department may not charge a contractor or subcontractor
with a violation of this section when responding to a complaint filed after the sixty-day
limit. The failure to timely file such a complaint does not prohibit the department from
investigating the matter and recovering unpaid wages for the worker(s) within two years
from the acceptance of the public works contract. The department may not investigate
or recover unpaid wages if the complaint is filed after two years from the acceptance of
a public works contract. The failure to timely file such a complaint also does not prohibit
a claimant from pursuing a private right of action against a contractor or subcontractor
for unpaid prevailing wages. The remedy provided by this section is not exclusive and is
concurrent with any other remedy provided by law.
(2) To the extent that a contractor or subcontractor has not paid the prevailing rate
of wage under a determination issued as provided in subsection (1) of this section, the
director shall notify the agency awarding the public works contract of the amount of
the violation found, and the awarding agency shall withhold, or in the case of a bond,
the director shall proceed against the bond in accordance with the applicable statute to
recover, such amount from the following sources in the following order of priority until the
total of such amount is withheld:
(a) The retainage or bond in lieu of retainage as provided in RCW60.28.011;
(b) If the claimant was employed by the contractor or subcontractor on the public works
project, the bond filed by the contractor or subcontractor with the department of labor
and industries as provided in RCW18.27.040 and 19.28.041;
(c) A surety bond, or at the contractor’s or subcontractor’s option an escrow account,
running to the director in the amount of the violation found; and
(d) That portion of the progress payments which is properly allocable to the contractor
43
or subcontractor who is found to be in violation of this chapter. Under no circumstances
shall any portion of the progress payments be withheld that are properly allocable to a
contractor, subcontractor, or supplier, that is not found to be in violation of this chapter.
The amount withheld shall be released to the director to distribute in accordance with
the director’s determination.
(3) A contractor or subcontractor that is found, in accordance with subsection (1)
of this section, to have violated the requirement to pay the prevailing rate of wage is
subject to a civil penalty of not less than five thousand dollars or an amount equal to
fifty percent of the total prevailing wage violation found on the contract, whichever is
greater, interest on all wages owed at one percent per month, and is not permitted to bid,
or have a bid considered, on any public works contract until such civil penalty has been
paid in full to the director. If a contractor or subcontractor is found to have participated
in a violation of the requirement to pay the prevailing rate of wage for a second time
within a five-year period, the contractor or subcontractor is subject to the sanctions
prescribed in this subsection and as an additional sanction is not allowed to bid on any
public works contract for two years. Civil penalties shall be deposited in the public works
administration account. If a previous or subsequent violation of a requirement to pay a
prevailing rate of wage under federal or other state law is found against the contractor
or subcontractor within five years from a violation under this section, the contractor or
subcontractor shall not be allowed to bid on any public works contract for two years.
The two-year period runs from the date of notice by the director of the determination of
noncompliance. When an appeal is taken from the director’s determination, the two-year
period commences from the date the notice of violation becomes final. A contractor or
subcontractor is not barred from bidding on any public works contract if the contractor
or subcontractor relied upon written information from the department to pay a prevailing
rate of wage that is later determined to be in violation of this chapter. The civil penalty
and sanctions under this subsection do not apply to a violation determined by the director
to be an inadvertent filing or reporting error. The burden of proving, by a preponderance
of the evidence, that an error is inadvertent rests with the contractor or subcontractor
charged with the error. To the extent that a contractor or subcontractor has not paid the
prevailing wage rate under a determination issued as provided in subsection (1) of this
section, the unpaid wages constitute a lien against the bonds and retainage as provided
herein and in RCW18.27.040, 19.28.041, 39.08.010, and 60.28.011.
(4) The director may waive or reduce a penalty or additional sanction under this section
including, but not limited to, when the director determines the contractor or subcontractor
paid all wages and interest or there was an inadvertent filing or reporting error. The
director may not waive or reduce interest. The department of labor and industries shall
submit a report of the waivers made under this section, including a justification for any
waiver made, upon request of an interested party.
(5) If, after the department of labor and industries initiates an investigation and before
a notice of violation of unpaid wages, the contractor or subcontractor pays the unpaid
wages identified in the investigation, interest on all wages owed at one percent per
month, and penalties in the amount of one thousand dollars or twenty percent of the
total prevailing wage violation determined by the department of labor and industries,
whichever is greater, then the violation is considered resolved without further penalty
under subsection (3) of this section.
44
(6) A contractor or subcontractor may only utilize the process outlined in subsection (5)
of this section if the department of labor and industries has not issued a notice of violation
that resulted in final judgment under this section against that contractor or subcontractor
in the last five-year period. If a contractor or subcontractor utilizes the process outlined in
subsection (5) of this section for a second time within a five-year period, the contractor or
subcontractor is subject to the sanctions prescribed in subsection (3) of this section and
may not be allowed to bid on any public works contract for two years.
[ 2019 c 242 §4; 2009 c 219 §4; 2001 c 219 §2; 1994 c 88 §1; 1985 c 15 §2.]
NOTES:
• Effective date
—
Findings
—
2019 c 242: See notes following RCW39.12.010.
• Severability
—
1985 c 15: “If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected.” [ 1985 c 15 §4.]
RCW39.12.070: Fees authorized for approvals, certifications, and arbitrations.
(1) The department of labor and industries may charge fees to awarding agencies
on public works for the approval of statements of intent to pay prevailing wages and
the certification of affidavits of wages paid. The department may also charge fees to
persons or organizations requesting the arbitration of disputes under RCW39.12.060. The
amount of the fees shall be established by rules adopted by the department under the
procedures in the administrative procedure act, chapter 34.05RCW. Except as provided
in subsection (3) of this section, the fees shall apply to all approvals, certifications, and
arbitration requests made after the effective date of the rules. All fees shall be deposited
in the public works administration account. The department may refuse to arbitrate for
contractors, subcontractors, persons, or organizations which have not paid the proper
fees. The department may, if necessary, request the attorney general to take legal action
to collect delinquent fees.
(2) The department shall set the fees permitted by this section at a level that generates
revenue that is as near as practicable to the amount of the appropriation to administer this
chapter, including, but not limited to, the performance of adequate wage surveys, and to
investigate and enforce all alleged violations of this chapter, including, but not limited to,
incorrect statements of intent to pay prevailing wage, incorrect certificates of affidavits
of wages paid, and wage claims, as provided for in this chapter and chapters 49.48 and
49.52RCW. However, the fees charged for the approval of statements of intent to pay
prevailing wages and the certification of affidavits of wages paid shall be forty dollars
or less, as determined by the director of labor and industries in accordance with this
subsection. For the 2019–2021 biennium, the fees shall not be more than twenty dollars.
(3) If, at the time an individual or entity files an affidavit of wages paid, the individual
or entity is exempt from the requirement to pay the prevailing rate of wage under
RCW39.12.020, the department of labor and industries may not charge a fee to certify the
affidavit of wages paid.
[ 2019 c 193 §1; 2014 c 148 §1; 2008 c 285 §2; 2006 c 230 §1; 1993 c 404 §1; 1982 1st ex.s. c 38 §1.]
45
NOTES:
• Effective date
—
2008 c 285 §2: “Section 2 of this act takes effect July 1, 2008.”
[2008c285 §3.]
• Intent
—
Captions not law
—
2008 c 285: See notes following RCW43.22.434.
• Effective date
—
2006 c 230: “This act takes effect July 1, 2007.” [ 2006 c 230 §3.]
• Effective date
—
1993 c 404: “This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect July 1, 1993.” [ 1993 c 404 §4.]
RCW39.12.080: Public works administration account.
The public works administration account is created in the state treasury. The
department of labor and industries shall deposit in the account all moneys received
from fees or civil penalties collected under RCW39.12.050, 39.12.065, and 39.12.070.
Appropriations from the account may be made only for the purposes of administration of
this chapter, including, but not limited to, the performance of adequate wage surveys, and
for the investigation and enforcement of all alleged violations of this chapter as provided
for in this chapter and chapters 49.48 and 49.52RCW. During the 2017–2019 fiscal
biennium the legislature may direct the state treasurer to make transfers of moneys
in the public works administration account to the state general fund. It is the intent of
the legislature to use the moneys transferred in the 2017–2019 biennium to support
apprenticeship programs.
[ 2018 c 299 §923; 2006 c 230 §2; 2001 c 219 §3; 1993 c 404 §2.]
NOTES:
• Effective date
—
2018 c 299: See note following RCW43.41.433.
• Effective date
—
2006 c 230: See note following RCW39.12.070.
• Effective date
—
1993 c 404: See note following RCW39.12.070.
RCW39.12.100: Independent contractors
—
Criteria.
For the purposes of this chapter, an individual employed on a public works project is not
considered to be a laborer, worker, or mechanic when:
(1) The individual has been and is free from control or direction over the performance of
the service, both under the contract of service and in fact;
(2) The service is either outside the usual course of business for the contractor or
contractors for whom the individual performs services, or the service is performed
outside all of the places of business of the enterprise for which the individual performs
services, or the individual is responsible, both under the contract and in fact, for the costs
of the principal place of business from which the service is performed;
(3) The individual is customarily engaged in an independently established trade,
occupation, profession, or business, of the same nature as that involved in the contract of
service, or the individual has a principal place of business for the business the individual
is conducting that is eligible for a business deduction for federal income tax purposes
other than that furnished by the employer for which the business has contracted to
furnishservices;
46
(4) On the effective date of the contract of service, the individual is responsible for filing at
the next applicable filing period, both under the contract of service and in fact, a schedule of
expenses with the internal revenue service for the type of business the individual is conducting;
(5) On the effective date of the contract of service, or within a reasonable period after the
effective date of the contract of service, the individual has an active and valid certificate of
registration with the department of revenue, and an active and valid account with any other
state agencies as required by the particular case, for the business the individual is conducting
for the payment of all state taxes normally paid by employers and businesses and has
registered for and received a unified business identifier number from the state of Washington;
(6) On the effective date of the contract of service, the individual is maintaining a
separate set of books or records that reflect all items of income and expenses of the
business which the individual is conducting; and
(7) On the effective date of the contract of service, if the nature of the work performed
requires registration under chapter 18.27RCW or licensure under chapter 19.28RCW,
the individual has a valid contractor registration pursuant to chapter 18.27RCW or an
electrical contractor license pursuant to chapter 19.28RCW.
[ 2009 c 63 §1.]
RCW39.12.110: Failure to provide or allow inspection of records.
Any employer, contractor, or subcontractor who fails to provide requested records, or fails
to allow adequate inspection of records in an investigation by the department of labor and
industries under this chapter within sixty calendar days of service of the department’s request
may not use the records in any proceeding under this chapter to challenge the correctness of
any determination by the department that wages are owed, that a record or statement is false,
or that the employer, contractor, or subcontractor has failed to file a record or statement.
[ 2011 c 92 §1.]
RCW39.12.120: Payroll records
—
Filing
—
Noncompliance. (Effective January 1, 2020.)
(1) Each contractor, subcontractor, or employer shall keep accurate payroll records
for three years from the date of acceptance of the public works project by the contract
awarding agency, showing the employee’s full name, address, social security number,
trade or occupation, classification, straight and overtime rates, hourly rate of usual
benefits, and hours worked each day and week, including any employee authorizations
executed pursuant to RCW49.28.065, and the actual gross wages, itemized deductions,
withholdings, and net wages paid, for each laborer, worker, and mechanic employed by
the contractor for work performed on a public works project.
(2) A contractor, subcontractor, or employer shall file a copy of its certified payroll
records using the department of labor and industries’ online system at least once per
month. If the department of labor and industries’ online system is not used, a contractor,
subcontractor, or employer shall file a copy of its certified payroll records directly with
the department of labor and industries in a format approved by the department of labor
and industries at least once per month.
(3) A contractor, subcontractor, or employer’s noncompliance with this section
constitutes a violation of RCW39.12.050.
[ 2019 c 242 §5.]
47
NOTES:
• Effective date
—
Findings
—
2019 c 242: See notes following RCW39.12.010.
RCW49.28.010: Eight hour day, 1899 act
—
Public works contracts
—
Emergency
overtime
—
Penalty.
(1) Hereafter eight hours in any calendar day shall constitute a day’s work on any work
done for the state or any county or municipality within the state, subject to conditions
hereinafter provided.
(2) All work done by contract or subcontract on any building or improvements or
works on roads, bridges, streets, alleys, or buildings for the state or any county or
municipality within the state, shall be done under the provisions of this section. In cases
of extraordinary emergency such as danger to life or property, the hours for work may be
extended, but in such case the rate of pay for time employed in excess of eight hours of
each calendar day, shall be one and one-half times the rate of pay allowed for the same
amount of time during eight hours’ service. And for this purpose this section is made
a part of all contracts, subcontracts, or agreements for work done for the state or any
county or municipality within the state.
(3) Any contractor, subcontractor, or agent of contractor or subcontractor, foreman, or
employer who violates this section is guilty of a misdemeanor and shall be fined a sum
not less than twenty-five dollars nor more than two hundred dollars, or imprisoned in the
county jail for a period of not less than ten days nor more than ninety days, or both such
fine and imprisonment, at the discretion of the court.
[ 2003 c 53 §274; 1899 c 101 §1; RRS §7642.]
NOTES:
• Intent
—
Effective date
—
2003 c 53: See notes following RCW2.48.180.
RCW49.28.040: Eight hour day, 1903 act
—
Policy enunciated.
That it is a part of the public policy of the state of Washington that all work “by
contract or day labor done” for it, or any political subdivision created by its laws,
shall be performed in workdays of not more than eight hours each, except in cases of
extraordinary emergency. No case of extraordinary emergency shall be construed to exist
in any case where other labor can be found to take the place of labor which has already
been employed for eight hours in any calendar day.
[ 1903 c 44 §1; RRS §7645.]
RCW49.28.050: Eight hour day, 1903 act
—
Contracts, cancellation of, for violations.
All contracts for work for the state of Washington, or any political subdivision created
by its laws, shall provide that they may be canceled by the officers or agents authorized to
contract for or supervise the execution of such work, in case such work is not performed
in accordance with the policy of the state relating to such work.
[ 1903 c 44 §2; RRS §7646.]
48
RCW49.28.060: Eight hour day, 1903 act
—
Stipulation in contracts
—
Duty of officers.
It is made the duty of all officers or agents authorized to contract for work to be done in behalf
of the state of Washington, or any political subdivision created under its laws, to stipulate in
all contracts as provided for in RCW49.28.040 through 49.28.060, and all such officers and
agents, and all officers and agents entrusted with the supervision of work performed under
such contracts, are authorized, and it is made their duty, to declare any contract canceled, the
execution of which is not in accordance with the public policy of this state as herein declared.
[ 1903 c 44 §3; RRS §7647.]
RCW49.28.065: Public works employees
—
Agreements to work ten hour day.
Notwithstanding the provisions of RCW49.28.010 through 49.28.060, a contractor or
subcontractor in any public works contract subject to those provisions may enter into an
agreement with his or her employees in which the employees work up to ten hours in a
calendar day. No such agreement may provide that the employees work ten-hour days for
more than four calendar days a week. Any such agreement is subject to approval by the
employees. The overtime provisions of *RCW49.28.020 shall not apply to the hours, up to
forty hours per week, worked pursuant to agreements entered into under this section.
[ 1988 c 121 §1.]
NOTES:
• *Reviser’s note: RCW49.28.020 was repealed by 2003 c 53 §421, effective July 1, 2003.
RCW49.48.040: Enforcement of wage claims
—
Issuance of subpoenas
—
Compliance.
(1) The department of labor and industries may:
(a) Upon obtaining information indicating an employer may be committing a violation
under chapters 39.12, 49.46, and 49.48RCW, conduct investigations to ensure compliance
with chapters 39.12, 49.46, and 49.48RCW;
(b) Order the payment of all wages owed the workers and institute actions necessary
for the collection of the sums determined owed; and
(c) Take assignments of wage claims and prosecute actions for the collection of wages
of persons who are financially unable to employ counsel when in the judgment of the
director of the department the claims are valid and enforceable in the courts.
(2) The director of the department or any authorized representative may, for the purpose of
carrying out RCW49.48.040 through 49.48.080: (a) Issue subpoenas to compel the attendance
of witnesses or parties and the production of books, papers, or records; (b) administer oaths
and examine witnesses under oath; (c) take the verification of proof of instruments of writing;
and (d) take depositions and affidavits. If assignments for wage claims are taken, court costs
shall not be payable by the department for prosecuting such suits.
(3) The director shall have a seal inscribed “Department of Labor and Industries
—
State of Washington” and all courts shall take judicial notice of such seal. Obedience to
subpoenas issued by the director or authorized representative shall be enforced by the
courts in any county.
(4) The director or authorized representative shall have free access to all places and
works of labor. Any employer or any agent or employee of such employer who refuses the
49
director or authorized representative admission therein, or who, when requested by the
director or authorized representative, willfully neglects or refuses to furnish the director
or authorized representative any statistics or information pertaining to his or her lawful
duties, which statistics or information may be in his or her possession or under the control
of the employer or agent, shall be guilty of a misdemeanor.
[ 1987 c 172 §1; 1935 c 96 §1; RRS §7596-1.]
RCW60.28.011: Retained percentage
—
Public transportation projects
—
Labor
and material lien created
—
Bond in lieu of retained funds
—
Termination before
completion
—
Chapter deemed exclusive
—
Release of ferry contract payments
—
Projects of farmers home administration
—
General contractor/construction
manager procedure
—
Definitions.
(1)(a) Except as provided in (b) of this subsection, public improvement contracts must
provide, and public bodies must reserve, a contract retainage not to exceed five percent
of the moneys earned by the contractor as a trust fund for the protection and payment of:
(i) The claims of any person arising under the contract; and (ii) the state with respect to
taxes, increases, and penalties imposed pursuant to Titles 50, 51, and 82RCW which may
be due from such contractor.
(b) Public improvement contracts funded in whole or in part by federal transportation
funds must rely upon the contract bond as referred to in chapter 39.08RCW for the
protection and payment of: (i) The claims of any person or persons arising under the
contract to the extent such claims are provided for in RCW39.08.010; and (ii) the state
with respect to taxes, increases, and penalties incurred on the public improvement
project under Titles 50, 51, and 82RCW which may be due. The contract bond must
remain in full force and effect until, at a minimum, all claims filed in compliance with
chapter39.08RCW are resolved.
(2) Every person performing labor or furnishing supplies toward the completion of a
public improvement contract has a lien upon moneys reserved by a public body under
the provisions of a public improvement contract. However, the notice of the lien of the
claimant must be given within forty-five days of completion of the contract work, and in
the manner provided in RCW39.08.030.
(3) The contractor at any time may request the contract retainage be reduced to one
hundred percent of the value of the work remaining on the project.
(a) After completion of all contract work other than landscaping, the contractor may
request that the public body release and pay in full the amounts retained during the
performance of the contract, and sixty days thereafter the public body must release and pay
in full the amounts retained (other than continuing retention of five percent of the moneys
earned for landscaping) subject to the provisions of chapter 39.12RCW and this chapter.
(b) Sixty days after completion of all contract work the public body must release and
pay in full the amounts retained during the performance of the contract subject to the
provisions of chapter 39.12RCW and this chapter.
(4) The moneys reserved by a public body under the provisions of a public improvement
contract, at the option of the contractor, must be:
(a) Retained in a fund by the public body;
50
(b) Deposited by the public body in an interest bearing account in a bank, mutual savings
bank, or savings and loan association. Interest on moneys reserved by a public body
under the provision of a public improvement contract must be paid to the contractor;
(c) Placed in escrow with a bank or trust company by the public body. When the moneys
reserved are placed in escrow, the public body must issue a check representing the sum
of the moneys reserved payable to the bank or trust company and the contractor jointly.
This check must be converted into bonds and securities chosen by the contractor and
approved by the public body and the bonds and securities must be held in escrow. Interest
on the bonds and securities must be paid to the contractor as the interest accrues.
(5) The contractor or subcontractor may withhold payment of not more than five
percent from the moneys earned by any subcontractor or sub-subcontractor or supplier
contracted with by the contractor to provide labor, materials, or equipment to the
public project. Whenever the contractor or subcontractor reserves funds earned by a
subcontractor or sub-subcontractor or supplier, the contractor or subcontractor must
pay interest to the subcontractor or sub-subcontractor or supplier at a rate equal to that
received by the contractor or subcontractor from reserved funds.
(6) A contractor may submit a bond for all or any portion of the contract retainage in a
form acceptable to the public body and from an authorized surety insurer. The public body
may require that the authorized surety have a minimum A.M. Best financial strength rating
so long as that minimum rating does not exceed A-. The public body must comply with the
provisions of RCW48.28.010. At any time prior to final formal acceptance of the project,
a subcontractor may request the contractor to submit a bond to the public owner for that
portion of the contractor’s retainage pertaining to the subcontractor in a form acceptable
to the public body and from a bonding company meeting standards established by
the public body. The contractor may withhold the subcontractor’s portion of the bond
premium. Within thirty days of receipt of the request, the contractor shall provide and the
public body shall accept a bond meeting these requirements unless the public body can
demonstrate good cause for refusing to accept it, the bond is not commercially available,
or the subcontractor refuses to pay the subcontractor’s portion of the bond premium
and to provide the contractor with a like bond. The contractor’s bond and any proceeds
therefrom are subject to all claims and liens and in the same manner and priority as set
forth for retained percentages in this chapter. The public body must release the bonded
portion of the retained funds to the contractor within thirty days of accepting the bond
from the contractor. Whenever a public body accepts a bond in lieu of retained funds from
a contractor, the contractor must accept like bonds from any subcontractors or suppliers
from which the contractor has retained funds. The contractor must then release the funds
retained from the subcontractor or supplier to the subcontractor or supplier within thirty
days of accepting the bond from the subcontractor or supplier.
(7) If the public body administering a contract, after a substantial portion of the work
has been completed, finds that an unreasonable delay will occur in the completion of
the remaining portion of the contract for any reason not the result of a breach thereof, it
may, if the contractor agrees, delete from the contract the remaining work and accept
as final the improvement at the stage of completion then attained and make payment in
proportion to the amount of the work accomplished and in this case any amounts retained
and accumulated under this section must be held for a period of sixty days following the
completion. In the event that the work is terminated before final completion as provided
in this section, the public body may thereafter enter into a new contract with the same
51
contractor to perform the remaining work or improvement for an amount equal to or less
than the cost of the remaining work as was provided for in the original contract without
advertisement or bid. The provisions of this chapter are exclusive and supersede all
provisions and regulations in conflict herewith.
(8) Whenever the department of transportation has contracted for the construction of
two or more ferry vessels, sixty days after completion of all contract work on each ferry
vessel, the department must release and pay in full the amounts retained in connection
with the construction of the vessel subject to the provisions of RCW60.28.021 and
chapter39.12RCW. However, the department of transportation may at its discretion
condition the release of funds retained in connection with the completed ferry upon the
contractor delivering a good and sufficient bond with two or more sureties, or with a surety
company, in the amount of the retained funds to be released to the contractor, conditioned
that no taxes may be certified or claims filed for work on the ferry after a period of sixty days
following completion of the ferry; and if taxes are certified or claims filed, recovery may be
had on the bond by the department of revenue, the employment security department, the
department of labor and industries, and the material suppliers and laborers filing claims.
(9) Except as provided in subsection (1) of this section, reservation by a public body for
any purpose from the moneys earned by a contractor by fulfilling its responsibilities under
public improvement contracts is prohibited.
(10) Contracts on projects funded in whole or in part by farmers home administration
and subject to farmers home administration regulations are not subject to subsections (1)
through (9) of this section.
(11) This subsection applies only to a public body that has contracted for the
construction of a facility using the general contractor/construction manager procedure,
as defined under RCW39.10.210. If the work performed by a subcontractor on the project
has been completed within the first half of the time provided in the general contractor/
construction manager contract for completing the work, the public body may accept
the completion of the subcontract. The public body must give public notice of this
acceptance. After a forty-five day period for giving notice of liens, and compliance with
the retainage release procedures in RCW60.28.021, the public body may release that
portion of the retained funds associated with the subcontract. Claims against the retained
funds after the forty-five day period are not valid.
(12) The definitions in this subsection apply throughout this section unless the context
clearly requires otherwise.
(a) “Contract retainage” means an amount reserved by a public body from the moneys
earned by a person under a public improvement contract.
(b) “Person” means a person or persons, mechanic, subcontractor, or materialperson
who performs labor or provides materials for a public improvement contract, and any
other person who supplies the person with provisions or supplies for the carrying on of a
public improvement contract.
(c) “Public body” means the state, or a county, city, town, district, board, or other public body.
(d) “Public improvement contract” means a contract for public improvements or work,
other than for professional services, or a work order as defined in RCW39.10.210.
[ 2017 c 302 §1; 2015 c 280 §1; 2013 c 113 §1; 2011 c 231 §2. Prior: 2009 c 432 §5; 2009 c 219 §6;
prior: 2007 c 494 §504; 2007 c 218 §92; 2003 c 301 §7; 2000 c 185 §1; 1994 c 101 §1; 1992 c 223 §2.]
52
NOTES:
• Intent
—
Recognition
—
2011 c 231: “The legislature recognizes that federal regulations
include requirements that pertain to contracts funded by federal-aid highway funds. One
such requirement is that states must ensure that prime contractors pay subcontractors
in full by no later than thirty days after the subcontractor’s work is satisfactorily
completed. One option for meeting this requirement is to decline to hold retainage
from prime contractors. The legislature also recognizes that retainage is currently
used to ensure that claims against the contractor are resolved in a timely manner. The
legislature intends that the contract bond provided by sureties on behalf of general
contractors provides adequate security for claimants under the bond.” [ 2011 c 231 §1.]
• Report
—
2009 c 432: See RCW18.27.800.
• Part headings and captions not law
—
Effective dates
—
Severability
—
2007 c 494: See
RCW39.10.903 through 39.10.905.
• Intent
—
Finding
—
2007 c 218: See note following RCW1.08.130.
• Effective date
—
1992 c 223: See note following RCW39.76.011.
• Waiver of rights, construction
—
Application
—
1992 c 223: See RCW39.04.900 and 39.04.901.
RCW60.28.021: Excess over lien claims paid to contractor.
After the expiration of the forty-five day period for giving notice of lien provided in
RCW60.28.011(2), and after receipt of the certificates of the department of revenue, the
employment security department, and the department of labor and industries, and the
public body is satisfied that the taxes certified as due or to become due by the department
of revenue, the employment security department, and the department of labor and
industries are discharged, and the claims of material suppliers and laborers who have
filed their claims, together with a sum sufficient to defray the cost of foreclosing the liens
of such claims, and to pay attorneys’ fees, have been paid, the public body may withhold
from the remaining retained amounts for claims the public body may have against the
contractor and shall pay the balance, if any, to the contractor the fund retained by it or
release to the contractor the securities and bonds held in escrow.
If such taxes have not been discharged or the claims, expenses, and fees have not been
paid, the public body shall either retain in its fund, or in an interest bearing account, or
retain in escrow, at the option of the contractor, an amount equal to such unpaid taxes
and unpaid claims together with a sum sufficient to defray the costs and attorney fees
incurred in foreclosing the lien of such claims, and shall pay, or release from escrow, the
remainder to the contractor.
[ 2009 c 432 §6; 2007 c 218 §94; 1992 c 223 §3.]
NOTES:
• Report
—
2009 c 432: See RCW18.27.800.
• Intent
—
Finding
—
2007 c 218: See note following RCW1.08.130.
• Effective date
—
1992 c 223: See note following RCW39.76.011.
• Waiver of rights, construction
—
Application
—
1992 c 223: See RCW39.04.900
and 39.04.901.
53
RCW60.28.040: Tax liens
—
Priority of liens.
(1) Subject to subsection (5) of this section, the amount of all taxes, increases,
and penalties due or to become due under Title 82RCW, from a contractor or the
contractor’s successors or assignees with respect to a public improvement contract
wherein the contract price is thirty-five thousand dollars or more, is a lien prior to all
other liens upon the amount of the retained percentage withheld by the disbursing
officer under such contract.
(2) Subject to subsection (5) of this section, after payment of all taxes, increases, and
penalties due or to become due under Title 82RCW, from a contractor or the contractor’s
successors or assignees with respect to a public improvement contract wherein the
contract price is thirty-five thousand dollars or more, the amount of all other taxes,
increases, and penalties under Title 82RCW, due and owing from the contractor, is a
lien prior to all other liens upon the amount of the retained percentage withheld by the
disbursing officer under such contract.
(3) Subject to subsection (5) of this section, after payment of all taxes, increases, and
penalties due or to become due under Title 82RCW, the amount of all taxes, increases,
and penalties due or to become due under Titles 50 and 51RCW from the contractor or
the contractor’s successors or assignees with respect to a public improvement contract
wherein the contract price is thirty-five thousand dollars or more is a lien prior to all
other liens upon the amount of the retained percentage withheld by the disbursing officer
under such contract.
(4) Subject to subsection (5) of this section, the amount of all other taxes, increases, and
penalties due and owing from the contractor is a lien upon the balance of such retained
percentage remaining in the possession of the disbursing officer after all other statutory
lien claims have been paid.
(5) The employees of a contractor or the contractor’s successors or assignees who
have not been paid the prevailing wage under such a public improvement contract shall
have a first priority lien against the bond or retainage prior to all other liens.
[ 2014 c 97 §301. Prior: 2009 c 432 §7; 2009 c 219 §7; 1985 c 80 §1; 1971 ex.s. c 299 §1; 1955 c 236 §4;
prior: 1949 c 228 §27, part; Rem. Supp. 1949 §8370-204a, part; RCW82.32.250, part.]
NOTES:
• Report
—
2009 c 432: See RCW18.27.800.
• Severability
—
Effective dates
—
1971 ex.s. c 299: See notes following RCW82.04.050.
RCW60.28.051: Duties of disbursing officer upon completion of contract.
Upon completion of a contract, the state, county, or other municipal officer charged
with the duty of disbursing or authorizing disbursement or payment of such contracts
shall forthwith notify the department of revenue, the employment security department,
and the department of labor and industries of the completion of contracts over thirty-
five thousand dollars. Such officer shall not make any payment from the retained
percentage fund or release any retained percentage escrow account to any person,
until he or she has received from the department of revenue, the employment security
department, and the department of labor and industries certificates that all taxes,
increases, and penalties due from the contractor, and all taxes due and to become
54
due with respect to such contract have been paid in full or that they are, in each
department’s opinion, readily collectible without recourse to the state’s lien on the
retained percentage.
[ 2009 c 432 §8; 2007 c 210 §2; 1992 c 223 §4.]
NOTES:
• Report
—
2009 c 432: See RCW18.27.800.
• Effective date
—
1992 c 223: See note following RCW39.76.011.
• Waiver of rights, construction
—
Application
—
1992 c 223: See RCW39.04.900
and 39.04.901.
55
6
Selected Rules
(Washington Administrative Code)
NOTICE
This document contains sections of the Washington Administrative Code (WAC)
rulesthat are current as of the date shown on the front cover. Changes to laws
and/orrules may occur in legislative sessions or departmental rule-making.
Pleaseresearch the most current language of the WAC rules, which is available
atsearch.leg.wa.gov. Youmay also contact the Prevailing Wage Program to
obtainthe most current laws.
56
WACs
Check the legislative website for current administrative rules:
app.leg.wa.gov/wac/default.aspx
WAC Description
296-126-023 Payment interval.
296-126-040 Statements furnished.
296-127-010 Definitions for chapter 296-127 WAC.
296-127-011 Time for determining prevailing wage.
296-127-013 Scope of work descriptions.
296-127-014 Usual benefits.
296-127-01410 Information concerning prevailing wage usual benefits.
296-127-015 Applicability of prevailing wages for supervisors.
296-127-017 Notice of wage determinations.
296-127-018
Coverage and exemptions of workers involved in the production and
delivery of gravel, concrete, asphalt, or similar materials.
296-127-019 Survey methodology.
296-127-020 Interpretation of phrases used in chapter 39.12RCW.
296-127-021 Apprentice worker.
296-127-022 Overtime according to RCW49.28.065.
296-127-023 Building service maintenance.
296-127-025 Applicability of joint federal-state standards.
296-127-026
Exemptions for sole owners and their spouses, partnerships,
corporations, and employees of public agencies.
296-127-030 Irrigation district exemption.
296-127-040 Statement of intent to pay prevailing wages.
296-127-045 Affidavit of wages paid.
296-127-050
Filing of statements of intent to pay prevailing wages and affidavits of
wages paid for contracts under two thousand five hundred dollars.
296-127-060
Director of department of labor and industries to arbitrate disputes
—
General provisions.
296-127-061 Requests for arbitration.
296-127-062 Conduct of arbitration hearing.
296-127-130 Filing of complaint.
296-127-14 0 Investigation of complaint.
296-127-150 Notice of violation.
296-127-160 Appeal of notice of violation.
57
WAC Description
296-127-170 Hearing on notice of violation.
296-127-180 Effect of final decision finding a violation of RCW39.12.065.
296-127-190 Filing of lien against retainage or bonds.
296-127-200 Surety bond payable to director.
296-127-210 Suit against retainage and bonds.
296-127-220 Distribution of recovery.
296-127-300 Filing and service.
296-127-310 List of violators.
296-127-320 Payroll.
296-127-990 Severability.
WAC296-126-023: Payment interval.
(1) This rule shall apply to employers and employees subject to chapter 49.12RCW.
Note: Employers and employees not subject to this regulation may still be subject to the
payment interval requirements of WAC296-128-035 or 296-131-010.
(2) Definitions:
(a) “Monthly interval” means a one-month time period between established pay days.
(b) “Pay day” means a specific day or date established by the employer on which wages
are paid for hours worked during a pay period.
(c) “Payment interval” means the amount of time between established pay days. A
payment interval may be daily, weekly, bi-weekly, semi-monthly or monthly.
(d) “Pay period” means a defined time frame for which an employee will receive a
paycheck. A pay period may be daily, weekly, bi-weekly, semi-monthly or monthly.
(3) An employer shall pay all wages owed to an employee on an established regular pay
day at no longer than monthly payment intervals. If federal law provides specific payment
interval requirements that are more favorable to an employee than the payment interval
requirements provided under this rule, federal law shall apply.
(4) If an employer pays wages on the basis of a pay period that is less than a month, the
employer shall establish a regular pay day no later than ten calendar days after the end of
the pay period, unless expressly provided otherwise by law.
• Example 1: Employer establishes a weekly pay period. The workweek is from Sunday
January 1 through Saturday January 7. Unless a different payment interval applies by
law, the employer must pay wages no later than January 17.
• Example 2: Employer establishes two semi-monthly pay periods (the first pay period
covers the 1st day of the month to the 15th day of the month; the second pay period
covers the 16th day of the month to the last day of the month). Unless a different
payment interval applies by law, the employer must pay wages no later than the 25th
day of the current month for the first pay period, and no later than the 10th day of the
following month for the second pay period.
58
(5) If an employer pays wages on the basis of a monthly pay period, the employer may
establish a regular payroll system under which wages for work performed by an employee
during the last seven days of the monthly pay period may be withheld and included with
the wages paid on the pay day for the next pay period.
• Example: Employer establishes a monthly pay period starting on the 1st day of each
month with an established pay day on the last day of the month. In a thirty-one-
day month, unless a different payment interval applies by law, the employer must
pay wages for work performed between the 1st and 24th days of the month on
the established pay day (the last day of the month). The employer may pay wages
for work performed between the 25th and 31st days of the current month on the
following month’s pay day (which means that the employer would pay wages for work
performed between the 25th and 31st days of the current month, and the 1st and 24th
days of the following month, on the following month’s pay day).
If pay period is:
Then pay day must
be no later than:
And employer must pay
wages for at least:
Monthly, starting on 1st
day of the month
Last day of the month
1st day of the month
—
24th day of the month
(6) An employer shall pay overtime wages owed to an employee on the regular pay
day for the pay period in which the overtime wages were earned. If the correct amount
of overtime wages cannot be determined until after such regular pay day, the employer
may establish a separate pay day for overtime wages; however, the payment of overtime
wages may not be delayed for a period longer than that which is reasonably necessary for
the employer to compute and arrange for payment of the amount due, and overtime wages
must be paid by the regular pay day following the next pay period.
• Example: Employer establishes two semi-monthly pay periods. The first pay period
covers work performed from the 1st day of the month to the 15th day of the month
with the pay day of the 25th; the second pay period covers the 16th day of the month
with the pay day of the 10th of the following month. An employee works overtime
in each of the pay periods. Unless a different payment interval applies by law, the
employer must pay overtime wages no later than the 10th day of the following month
for the overtime earned during the first pay period, and no later than the 25th day of
the following month for the overtime earned during the second pay period.
If pay period is:
And if pay day for
regular wages is:
Then pay day for overtime
wages must be no later than:
1st of the month
—
15th day of the month
25th of the month 10th of the following month
16th of the month
—
30th or 31st of the month
10th of the
followingmonth
25th of the following month
(7) Mailed paychecks shall be postmarked no later than the established pay day. If the
established pay day falls on a weekend day or holiday when the business office is not open,
mailed paychecks shall be postmarked no later than the next business day. Employers that
pay employees by direct deposit or other electronic means shall ensure that such wage
payments are made and available to employees on the established pay day.
59
(8) These rules may be superseded by a collective bargaining agreement negotiated
under the National Labor Relations Act, 29 U.S.C. Sec. 151 et seq., the Public Employees’
Bargaining Act, RCW41.56.010 et seq., or the Personnel System Reform Act,
RCW41.80.001 et seq., if the terms of, or recognized custom and practice under, the
collective bargaining agreement prescribe specific payment interval requirements for
employees covered by the collective bargaining agreement; provided, that:
(a) All regular wages (whether paid on an hourly, salary, commission, piece rate, or
other basis) shall be paid to employees covered by the collective bargaining agreement
(“covered employees”) at no longer than monthly intervals;
(b) All other wages (including overtime, bonus pay, and other categories of specialty
pay in addition to regular wages) are paid in accordance with the payment interval
requirements applicable to covered employees under the terms of, or recognized custom
and practice under, the collective bargaining agreement; and
(c) The employer pays regular wages to covered employees at no less than the
applicable minimum wage rate.
[Statutory Authority: Chapters 49.12, 49.30, and 49.46RCW. WSR07-03-145, §296-126-023, filed
1/23/07, effective 3/1/07. Statutory Authority: RCW43.22.270, 49.12.020, 49.12.091, 49.12.050,
49.46.020 and 49.46.070. WSR89-22-016 (Order89-16), §296-126-023, filed 10/24/89, effective
11/24/89; Order74-9, §296-126-023, filed 3/13/74, effective 4/15/74.]
WAC296-126-040: Statements furnished.
(1) Every employer shall furnish to each employee at the time of payment of wages an
itemized statement showing the pay basis (i.e., hours or days worked), rate or rates of pay,
gross wages and all deductions for that pay period.
(2) An itemized pay statement means a separate written statement from the paycheck
issued to employees on each payday. Pay periods shall be identified on the pay statement
by month, day, year, and payment date.
(3) The pay statement may be furnished or made available electronically provided each
employee has access to receive and copy it on the payday. If an employee cannot receive
an electronic pay statement at work or at home on the established payday, the employer
must provide a written pay statement to the employee on the payday.
[Statutory Authority: Chapter 49.12RCW. WSR10-04-092, §296-126-040, filed 2/2/10, effective
3/15/10; Order74-9, §296-126-040, filed 3/13/74, effective 4/15/74.]
WAC296-127-010: Definitions for chapter 296-127 WAC.
(1) “Department” means the department of labor and industries.
(2) “Director” means the director of the department or his or her duly authorized deputy
or representative.
(3) “Industrial statistician” means the industrial statistician of the department.
(4) “Assistant director” means the assistant director of the fraud prevention and labor
standards (FPLS) division or his or her duly authorized deputy or representative.
(5) “Contractor” means:
(a) The prime contractor, and each and every subcontractor, required to be registered
60
under chapter 18.27RCW and/or licensed under chapter 19.28RCW, that performs
any work on a public works project site, and/or is required to pay industrial insurance
premiums as a construction company.
(b) Employers engaged in shipbuilding and ship repair, building service maintenance,
and any fabricator or manufacturer that produces nonstandard items specifically for a
public works project.
(c) Employers that contract with contractors or subcontractors for the purpose of the
production and/or delivery of materials pursuant to the terms of WAC296-127-018.
(6) The term municipality shall include every city, county, town, district, political subdivision,
or other public agency thereof which is authorized by law to require the execution of public
work, except drainage districts, diking districts, diking and drainage improvement districts,
drainage improvement districts, diking improvement districts, consolidated diking and drainage
improvement districts, consolidated drainage improvement districts, consolidated diking
improvement districts, irrigation districts, or any such other districts as shall from time to time
be authorized by law for the reclamation or development of waste or undeveloped lands.
(7)(a) The term “public work” shall include:
(i) All work, construction, alteration, enlargement, improvement, repair, and/or demolition that is
executed by contract, purchase order, or any other legal agreement and that is executed at the cost
of the state of Washington or of any municipality. The source of the funding shall not determine the
applicability of the statute, and may include, but is not limited to, such sources as those payments
made through contracts with insurance companies on behalf of the insured state or municipality;
(ii) All work, construction, alteration, enlargement, improvement, repair, and/or demolition
which, by law, constitutes a lien or charge on any property of the state or of a municipality;
(iii) All work, construction, alteration, repair, or improvement, other than ordinary
maintenance that the state or a municipality causes to be performed by a private party
through a contract to rent, lease, or purchase at least fifty percent of the project by one or
more state agencies or municipalities, pursuant to RCW39.04.260;
(iv) Maintenance, except ordinary maintenance as defined by (b)(iii) of this subsection,
when performed by contract. Maintenance is defined as keeping existing facilities in good
usable, operational condition;
(v) Janitorial and building service maintenance as defined by WAC296-127-023, when
performed by contract, on public buildings and/or assets; and
(vi) The fabrication and/or manufacture of nonstandard items produced by contract
specifically for a public works project as defined by (a)(i) through (v) of this subsection.
(b) The term “public work” shall not include:
(i) Work, construction, alteration, enlargement, improvement, repair, demolition, and/
or maintenance for which no wage or salary compensation is paid, consistent with the
requirements of RCW35.21.278; or
(ii) Ordinary maintenance.
(A) Ordinary maintenance is defined as maintenance work performed by the regular
employees of the state or any county, municipality, or political subdivision created by its laws.
(B) For housing authorities when contracting with a property management services
company for purposes of operating a housing project, as defined in RCW 35.82.030. Rental
61
and other project revenues collected by a property management services company from
the housing project’s tenants and used to pay administrative operating and ordinary
maintenance costs incurred by the company under the terms of the contract with the
authority shall be treated as private funds, and any resulting services as executed at the
cost of the property management services company and the housing project’s tenants,
until the net operating revenues are distributed to the authority for its exclusive use
and control. For the purposes of this subsection, “ordinary maintenance” only includes:
Routine repairs related to unit turnover work; grounds and parking lot upkeep; and repairs
and cleaning work needed to keep a property in a clean, safe, sanitary, and rentable
condition that are customarily undertaken or administered by residential property
management services companies. “Ordinary maintenance” does not include repairs that
would be considered replacement capital repairs or scheduled regular maintenance work
on plumbing, electrical, or HVAC/R systems or their components.
(8) “Contract” means a contract, purchase order, or any other legal agreement in writing
for public work to be performed for a fixed or determinable amount, which is duly awarded
after advertisement and competitive bid. A contract that is awarded from a small works
roster, or under the emergency provisions of state law, need not be advertised.
(9) “Residential construction” means construction, alteration, repair, improvement, or
maintenance of single family dwellings, duplexes, apartments, condominiums, and other
residential structures not to exceed four stories in height, including basement, when
used solely as permanent residences. It does not include the utilities construction (water
and sewer lines), or work on streets, or work on other structures (e.g., for recreation
andbusiness.)
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-010, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.070. WSR94-01-100, §296-127-010, filed 12/16/93, effective
1/16/94. Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-010, filed 12/18/91, effective 1/31/92; WSR88-22-046 (Order88-22), §296-127-010, filed
10/31/88. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-010, filed 1/17/86. Statutory Authority: RCW39.12.015, 39.12.060 and HB 795,
1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-010, filed 8/27/82.]
WAC296-127-011: Time for determining prevailing wage.
(1) Prevailing wage rates for all public work contracts will be determined by the industrial
statistician and published on the first business day of February and the first business day
of August of each year. These rates shall become effective thirty days after the date of
publication. However, the industrial statistician may revise an established prevailing wage
rate in response to an administrative or judicial finding overturning the established rate,
or at any time necessary to correct an error, with such revision becoming effective thirty
days after the date of publication. However, in the event of an emergency as determined by
the director of the department, such revised rate shall take effect upon publication.
(2) The department shall establish deadlines for the submission of:
(a) Completed wage surveys, for inclusion of submitted data in the survey computations;
(b) Newly ratified collective bargaining agreements for inclusion in the semiannual
prevailing wage publication;
(c) Notice of collectively bargained wage and benefit adjustments, and/or relevant
contractual changes, for inclusion in the semiannual prevailing wage publication; and
62
(d) Notice of changes in apprenticeship standards and incremental wage rates for
inclusion in the semiannual prevailing wage publication.
(3) The applicable prevailing wage rates for a given public works contract will be
determined as follows:
(a) For all public works contracts, except janitorial or building service maintenance
contracts, the applicable prevailing wage rates shall be the rates that are in effect on
the date when bids by prime contractors are due for submission to contract awarding
agencies. These rates shall remain in effect for the duration of the contract.
(b) If contracts are not awarded within six months of the date bids are due, the
applicable prevailing wage rates shall be those that are in effect on the date the contract
is awarded. These rates shall remain in effect for the duration of the contract.
(c) For work orders issued under job order contracts pursuant to chapter 39.10RCW, the
appropriate prevailing wage rates shall be the rates that are in effect on the date when
the individual work order is issued.
(4) If a contract for public work is not awarded pursuant to bids, the applicable prevailing
wage rates shall be those that are in effect on the date when the contract is executed.
These rates shall remain in effect for the duration of the contract.
(5) A schedule of the applicable prevailing wage rates must be included by:
(a) Contract awarding agencies, in the bid specifications and contract documents for
each contract.
(b) Contractors, in the bid and/or contract documents provided to subcontractors.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-011, filed 7/23/19, effective
8/23/19. Statutory Authority: Chapter 39.12RCW, RCW43.22.270, 43.22.051, and 2003 c 301.
WSR04-10-083, §296-127-011, filed 5/4/04, effective 6/4/04. Statutory Authority: Chapters 39.04 and
39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-011, filed 12/18/91, effective 1/31/92;
WSR88-22-046 (Order88-22), §296-127-011, filed 10/31/88. Statutory Authority: RCW39.12.015,
39.12.060 and HB 795, 1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-011, filed 8/27/82.]
WAC296-127-013: Scope of work descriptions.
(1) In order to determine applicable prevailing wage rates, the director or his/her
designee will issue scope of work descriptions for each trade and occupation recognized
as being involved in public work.
(2) The scope of work descriptions shall be created using authoritative sources
available to the department, such as:
(a) Washington state apprenticeship and training council approved apprenticeship standards;
(b) Collective bargaining agreements;
(c) Dictionaries of occupational titles;
(d) Experts from organized labor, licensed contractors, and contractors’ associations;
(e) Recognized labor and management industry practice.
(3) The applicable prevailing wage rates for workers employed on public works projects
shall be determined by the scopes of work performed by those workers, and not by their
specific job titles.
63
(4) The applicable scope of work description for a public works contract is the scope of
work description that is in effect on the date that the bids are due to be submitted to the
contract awarding agency. If the contract is not awarded within six months of the bid due
date, then the applicable scope of work description shall be that which is in effect on the
date that the contract is awarded. The same scope of work description shall remain in
effect for the duration of the contract.
(5) In the event a dispute arises regarding a scope of work description following the award
of a public works contract, the aggrieved party may request an arbitration hearing pursuant
to the provisions of RCW39.12.060, WAC296-127-060, 296-127-061, and 296-127-062.
[Statutory Authority: Chapter 39.12RCW, RCW43.22.270 and 43.22.051. WSR00-15-077,
§296-127-013, filed 7/19/00, effective 7/19/00. Statutory Authority: Chapters 39.04 and 39.12RCW
and RCW43.22.270. WSR92-01-104, §296-127-013, filed 12/18/91, effective 1/31/92; WSR88-22-046
(Order88-22), §296-127-013, filed 10/31/88.]
WAC296-127-014: Usual benefits.
(1) Employers are not required to establish “usual benefit” programs. If an employer
chooses not to provide such benefits, however, wages paid must be at the full prevailing
wage rate as defined by RCW39.12.010.
(2) To be deemed a “usual benefit,” the following requirements must be satisfied:
(a) Employer payments for the usual benefit shall be made only in conformance
with all applicable federal and state laws, including the requirements of the
Employment Retirement Income Security Act of 1974, as amended, and of the Internal
RevenueService; and
(b) Employee payments toward the usual benefit, through self-contribution, payroll
deduction, or otherwise, shall not constitute a credit to the employer for prevailing
wagepurposes.
(3) “Usual benefits” are limited to the following:
(a) Health and welfare payments. This is medical insurance, which may include dental,
vision, and life insurance. Insurance programs providing protection against industrial
accidents or occupational illnesses which are mandated by state or federal statutes, and all
related mandatory forms of protection, shall not qualify as health and welfare insurance.
(b) Employer payments on behalf of a person employed for the purpose of providing
retirement income.
(c) Vacation payments made either directly to the employees or into a vacation fund,
provided these benefits are paid to the employees.
(d) Apprentice training fund. Payments made to training programs approved or
recognized by the Washington state apprenticeship and training council.
(e) Paid holidays. Payments made to employees for specified holidays.
(4) Any fringe benefits required by other local, state, or federal laws do not qualify as
“usual benefits.”
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-014,
filed 12/18/91, effective 1/31/92; WSR88-22-046 (Order88-22), §296-127-014, filed 10/31/88.]
64
WAC296-127-01410: Information concerning prevailing wage usual benefits.
(1) Contractors and employers shall conform to all posting and employee notification
requirements provided by applicable federal and state laws concerning usual benefits plans.
(2) Contractors and employers must have, and make available to the department
upon request, copies of all documents concerning usual benefits, as identified in
WAC296-127-014, for which employer payments are made.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-01410, filed 12/18/91, effective 1/31/92.]
WAC296-127-015: Applicability of prevailing wages for supervisors.
Determinations as to whether individuals are workers, laborers, or mechanics are
based on the scope of work actually performed by the individuals, rather than the title of
theiroccupations.
(1) Where additional supervisory duties are required of workers, laborers, or mechanics
by statute or regulation, the industrial statistician shall establish a rate of pay for a work
classification to be called “journey level in charge.” These rates shall be published in the
semiannual prevailing wage publication.
(2) Supervisors (e.g., foremen, general foremen, superintendents, etc.,) are entitled to receive
at least the journey level prevailing rate of wage for performing manual or physical labor:
(a) For each hour spent in the performance of manual or physical labor if it is for more
than twenty percent but less than fifty percent of their hours worked on a public works
project during any given week.
(b) For all hours worked in any given week if they perform manual or physical labor for
fifty percent or more of their hours worked on a public works project during such week.
(3) If supervisors subject to the journey level prevailing wage rate are paid a salary, the
compensation (salary divided by number of hours worked) must be equal to or greater
than the prevailing wage rate for the type of work performed.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-015,
filed 12/18/91, effective 1/31/92; WSR88-22-046 (Order88-22), §296-127-015, filed 10/31/88.]
WAC296-127-017: Notice of wage determinations.
Current prevailing wage data will be furnished by the office of the industrial statistician
upon request.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-017, filed 12/18/91, effective 1/31/92. Statutory Authority: RCW39.12.015, 39.12.060 and
HB 795, 1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-017, filed 8/27/82.]
WAC296-127-018: Coverage and exemptions of workers involved in the
production and delivery of gravel, concrete, asphalt, or similar materials.
(1) The materials covered under this section include but are not limited to: Sand, gravel,
crushed rock, concrete, asphalt, or other similar materials.
(2) All workers, regardless of by whom employed, are subject to the provisions of
chapter 39.12RCW when they perform any or all of the following functions:
65
(a) They deliver or discharge any of the above-listed materials to a public works project site:
(i) At one or more point(s) directly upon the location where the material will be
incorporated into the project; or
(ii) At multiple points at the project; or
(iii) Adjacent to the location and coordinated with the incorporation of those materials.
(b) They wait at or near a public works project site to perform any tasks subject to this
section of the rule.
(c) They remove any materials from a public works construction site pursuant to
contract requirements or specifications (e.g., excavated materials, materials from
demolished structures, clean-up materials, etc.).
(d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry,
etc.,) which is established for a public works project for the specific, but not necessarily
exclusive, purpose of supplying materials for the project.
(e) They deliver concrete to a public works site regardless of the method of incorporation.
(f) They assist or participate in the incorporation of any materials into the public
worksproject.
(3) All travel time that relates to the work covered under subsection (2) of this section
requires the payment of prevailing wages. Travel time includes time spent waiting to load,
loading, transporting, waiting to unload, and delivering materials. Travel time would include
all time spent in travel in support of a public works project whether the vehicle is empty
or full. For example, travel time spent returning to a supply source to obtain another load
of material for use on a public works site or returning to the public works site to obtain
another load of excavated material is time spent in travel that is subject to prevailing wage.
Travel to a supply source, including travel from a public works site, to obtain materials for
use on a private project would not be travel subject to the prevailing wage.
(4) Workers are not subject to the provisions of chapter 39.12RCW when they deliver
materials to a stockpile.
(a) A “stockpile” is defined as materials delivered to a pile located away from the
site of incorporation such that the stockpiled materials must be physically moved from
the stockpile and transported to another location on the project site in order to be
incorporated into the project.
(b) A stockpile does not include any of the functions described in subsection (2)(a) through
(f) of this section; nor does a stockpile include materials delivered or distributed to multiple
locations upon the project site; nor does a stockpile include materials dumped at the place
of incorporation, or adjacent to the location and coordinated with theincorporation.
(5) The applicable prevailing wage rate shall be determined by the locality in which the
work is performed. Workers subject to subsection (2)(d) of this section, who produce
such materials at an offsite facility shall be paid the applicable prevailing wage rates for
the county in which the offsite facility is located. Workers subject to subsection (2) of
this section, who deliver such materials to a public works project site shall be paid the
applicable prevailing wage rates for the county in which the public works project is located.
[Statutory Authority: Chapter 39.12RCW, RCW43.22.051 and 43.22.270. WSR08-24-101, §296-127-018,
filed 12/2/08, effective 1/2/09. Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270.
WSR92-01-104 and 92-08-101, §296-127-018, filed 12/18/91 and 4/1/92, effective 8/31/92.]
66
WAC296-127-019: Survey methodology.
(1) The industrial statistician shall establish prevailing wage rates by:
(a) Conducting wage and hour surveys for established trades and occupations;
(b) Adopting the wage and benefit adjustments established in collective bargaining
agreements for those trades or occupations where the most recently established
prevailing wage rates were derived from a collective bargaining agreement; and/or
(c) In instances when the procedures established in (a) and (b) of this subsection are not
feasible, employing other methods deemed appropriate by the industrial statistician as set
out in subsection (8) of this section.
(2) The department will determine the identity of employers to be surveyed for a specific
trade or occupation by:
(a) Mailing trade and occupation questionnaires to all contractors whose registration
under chapter 18.27RCW or license under chapter 19.28RCW is active;
(b) Mailing trade and occupation questionnaires to Washington state department of
transportation prequalified contractors; and
(c) Compiling and maintaining lists of employers that are not required to be registered
under chapter 18.27RCW or licensed under chapter 19.28RCW, but that employ workers
in building service maintenance, in shipbuilding or ship repair, in the fabrication and/or
manufacture of nonstandard items produced specifically for a public works project, and/
or in the production and delivery of materials as defined in WAC296-127-018. Trades
and occupations utilized by the shipbuilding and ship repair industries shall not have
their survey data combined with their construction counterparts, for the purpose of
establishing prevailing wage rates for that industry.
(3)(a) Wage survey forms will be mailed to:
(i) Those contractors and employers whose businesses currently are active and
were active during the established survey period, and whose response to the trade
and occupation questionnaire indicates that they employ one or more of the trades or
occupations being surveyed; and
(ii) Labor unions representing workers in the trades or occupations being surveyed.
(b) The department annually shall mail to statewide trade associations and statewide labor
organizations a proposed schedule of trades intended to be surveyed during the upcoming
fiscal year. In addition, the department shall notify those statewide trade associations and
labor organizations, reasonably known to be affected, of the mailing of wage surveys.
(4) Data reported on survey forms may be verified by the department, and will be used
only when submitted on behalf of or by:
(a) Individual contractors identified by a contractor registration number that currently is
valid, and was valid during the established survey period;
(b) Employers that are not required to be registered under chapter 18.27RCW
or licensed under chapter 19.28RCW, that directly employ and supervise workers
as employees in building service maintenance, in shipbuilding or ship repair, in the
manufacture of nonstandard items specifically produced for a public works project, or in
the production and delivery of materials, as defined in WAC296-127-018;
67
(c) Labor unions submitting wage and hour data on behalf of contractors and/or
employers who are signatory to those unions’ collective bargaining agreements covering
the trade or occupation being surveyed; or
(d) Interested parties providing wage and hour data by trade and occupation from
certified payroll records and/or from hours reported by trade and occupation on affidavits
of wages paid, according to guidelines established by the department.
(5) The department shall use affidavit forms that include a requirement that contractors
report the actual number of hours worked by each trade and occupation utilized on the
public works project for which the affidavit is filed.
(6) Valid data reported on wage surveys shall be calculated, as follows:
(a) If the majority of hours reported for a trade or occupation in the largest city in a county
is paid at the same wage rate, then that rate shall be established as the prevailing wage rate.
(b) If the same wage rate is not reported to have been paid for the majority of hours
reported in the largest city in a county for a trade or occupation, then the average wage
rate shall be established as the prevailing wage rate, based on a weighted average of the
hours, wages, and benefits reported in the largest city.
(c) If a statistically significant number of hours fails to be reported for the largest city in
a county, then the average wage rate for the county is established as the prevailing wage,
based on a weighted average.
(7) Survey data will not be accepted if the data report the hours and wages of those who
are exempt from the prevailing wage requirements of chapter 39.12RCW, as defined in
WAC296-127-026.
(8)(a) The industrial statistician may utilize alternative methods to establish prevailing
wage rates consistent with the terms of (b) of this subsection. These methods include, but
are not limited to:
(i) The use of wage and hour data from the department of employment security;
(ii) The use of wage and hour data from the industrial insurance division of the
department of labor and industries;
(iii) The use of data from surveys performed by the United States Department of Labor,
wage and hour division; or
(iv) The use of wage and hour data reported to the department on affidavits of wages paid.
(b) These alternative methods will not be used for trades or occupations for which
surveys had been completed as of the effective date of this section unless a subsequent
survey produces insufficient data. In addition, these alternative methods may be used
under circumstances that include, but are not limited to, the following:
(i) To establish prevailing wage rates for a new trade or occupation where a survey is
not immediately feasible;
(ii) In response to an administrative or judicial determination of invalid wage rate or
scope of work description;
(iii) In response to changes or additions in licensing, safety, or other requirements of
other state agencies, departments or divisions; or
(iv) To establish rates for industries and trades and occupations generally not surveyed,
68
in order to meet the requirement of having established wage rates for publication in
contract or bid specifications as required by RCW39.12.030.
(9) Any party that submits false information under this section shall, after a
determination to that effect has been issued by the director after a hearing pursuant to
chapter 34.05RCW, forfeit as a civil penalty the sum of five hundred dollars.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-019, filed 7/23/19, effective 8/23/19.
Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-019,
filed 12/18/91, effective 1/31/92; WSR88-22-046 (Order88-22), §296-127-019, filed 10/31/88.]
WAC296-127-020: Interpretation of phrases used in chapter 39.12RCW.
(1) The “acceptance date of the public works project” referred to in RCW39.12.065 is
the date that the contract awarding agency formally accepts the completed public works
project pursuant to state law.
(2) RCW39.12.050 and 39.12.065 refer to “inadvertent filing or reporting error.” The
department defines an error as “inadvertent” if it is made by a contractor, as defined by
WAC296-127-010(5), or employer that shows that the error was made notwithstanding
the use of due care by the contractor or employer. The burden of proving that an error is
inadvertent rests with the contractor or employer charged with the error.
(3) The definition of “locality” in RCW39.12.010(2) contains the phrase “wherein the
physical work is being performed.” The department interprets this phrase to mean the actual
work site. For example, if nonstandard items specifically produced for public works projects
are prefabricated in a county other than the county wherein the public works project is to
be completed, the wage for the offsite prefabrication shall be the applicable prevailing wage
for the county in which the actual prefabrication takes place. Workers who deliver such
nonstandard items, as well as materials pursuant to the terms of WAC296-127-018, shall be
paid the applicable prevailing wage for the county in which the public works project is located.
(4) In the implementation and enforcement of RCW39.12.050 the terms “contractor”
and “subcontractor” include an entity, however organized, with substantially identical
corporate and/or operational structure to an entity that has been found to violate
RCW39.12.050. The factors used to determine substantial identity shall include an
assessment of whether there is: Substantial continuity of the same business operation;
use of the same machinery and/or equipment; similarity of jobs and types of working
conditions; continuity of supervisors; and similarity of product or services.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-020,
filed 12/18/91, effective 1/31/92. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020.
WSR86-03-063 (Order85-28), §296-127-020, filed 1/17/86. Statutory Authority: RCW39.12.015,
39.12.060 and HB 795, 1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-020, filed 8/27/82.]
WAC296-127-021: Apprentice worker.
Any apprentice employed on public works projects for whom an apprentice
agreement is registered and approved by the state apprenticeship council pursuant to
chapter49.04RCW within sixty days of hiring may be considered an apprentice and paid
the applicable prevailing hourly rate for an apprentice of that trade for all hours worked.
[Statutory Authority: RCW39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38.
WSR82-18-041 (Order82-28), §296-127-021, filed 8/27/82.]
69
WAC296-127-022: Overtime according to RCW49.28.065.
(1) Work performed on public works contracts will not require the payment of overtime
rates for the first two hours worked in excess of eight hours per day when the employer
and employee voluntarily enter into an agreement wherein the employee will work up to
ten hours per day in a four-day week to accomplish forty hours of work.
(2) Recognizing that there may be days when a full ten hours of work is not available, the
remainder of the forty hours may be made up on another work day or days within the same
work week, except work performed on Saturdays, Sundays, and holidays is subject to the
established prevailing overtime provisions for a given trade or occupation, as provided in
chapter 39.12RCW.
(3) For the purpose of this section an agreement must:
(a) Have been authorized by employees who bargained collectively with their employers
through representatives of their own choosing; or
(b) Be obtained in writing, signed, and dated by both parties; and
(c) Be entered into individually with each employee; and
(d) Be entered into separately for each public works project, except that an employer, at
its option, may obtain an annual authorization; and
(e) State the name of the public works project with specificity; and
(f) Be entered into voluntarily by the employer and employee.
(4) Each employer must retain copies of the individual employee authorization agreements
required pursuant to subsection (3) of this section for three years from the date of acceptance of
the public works project by the contract awarding agency. Absence of an authorization record
for an employee shall be deemed per se evidence of lack of that employee’s authorization. Such
records are payroll records, subject to the requirements of WAC296-127-320.
(5) It is prohibited to work more than ten hours in any calendar day on a public works
project except in cases of extraordinary emergency, such as danger to life or property.
(6) Notwithstanding the above provisions, overtime rates must be paid for all hours
worked in excess of forty hours per week.
(7) This section provides a minimum public works overtime standard, and does not supersede
prevailing overtime wage rates established under the authority of chapter 39.12RCW.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-022, filed 12/18/91, effective 1/31/92. Statutory Authority: RCW43.22.270. WSR88-19-055
(Order88-21), §296-127-022, filed 9/15/88.]
WAC296-127-023: Building service maintenance.
The “public building service maintenance contracts” referred to in RCW39.12.020 shall
mean janitorial service contracts and cover only work performed by janitors, waxers,
shampooers, and window cleaners.
For all building service maintenance contracts, the prevailing wage rates which are in
effect on the date when the bids are required to be submitted to the contract awarding
public agency are the minimum prevailing wage rates which must be paid for the first year
of such contracts and thereafter. However, any building service maintenance contract
70
of more than one year duration, must include wage increase language recognizing the
potential for future variance in applicable prevailing wage(s) and specifying that the
wages which a contractor shall pay its employees must be altered annually to recognize
and follow the most recently promulgated increases in prevailing wages each year after
the first year of the contract period. The cost of the increases in the wages due employees
shall be borne by the contract awarding agency.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR88-22-046
(Order88-22), §296-127-023, filed 10/31/88.]
WAC296-127-025: Applicability of joint federal-state standards.
(1) When a public works project is subject to the provisions of the Washington state
public works law, chapter 39.12RCW, and the Federal Davis-Bacon and related acts, the
contractor and every subcontractor on that project must pay at least the Washington
state prevailing wage rates, if they are higher than the federal prevailing wage rates for
the project unless specifically preempted by federal law.
(2) When the federal prevailing wage rates are higher than the Washington state
prevailing wage rates, the contractor shall pay the federal rate as required by federal law.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104, §296-127-025,
filed 12/18/91, effective 1/31/92; WSR88-22-046 (Order88-22), §296-127-025, filed 10/31/88.]
WAC296-127-026: Exemptions for sole owners and their spouses, partnerships,
corporations, and employees of public agencies.
The prevailing wage requirements of chapter 39.12RCW do not apply to:
(1) Sole owners and their spouses.
(2) Any partner who owns at least thirty percent of a partnership.
(3) The president, vice president and treasurer of a corporation if each one owns at least
thirty percent of the corporation.
(4) Workers regularly employed by the state or any county, municipality, or political
subdivision created by its laws.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-026, filed 7/23/19, effective
8/23/19. Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR88-22-046
(Order88-22), §296-127-026, filed 10/31/88.]
WAC296-127-030: Irrigation district exemption.
Contracts awarded by irrigation districts for the reclamation or development of
waste or undeveloped lands are not covered by the prevailing wage law, pursuant to
RCW39.04.010. Any work, construction alteration, repair or improvement that is not
solely for the reclamation or development of waste or undeveloped land is covered by the
prevailing wage laws and therefore subject to all the laws and regulations contained in
and adopted pursuant to chapter 39.12RCW.
[Statutory Authority: RCW39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38.
WSR82-18-041 (Order82-28), §296-127-030, filed 8/27/82.]
71
WAC296-127-040: Statement of intent to pay prevailing wages.
(1) All statements of intent to pay prevailing wages submitted to the industrial
statistician of the department shall be accompanied by the fee set in RCW39.12.070 for
each statement. Fees shall be made payable to the department of labor and industries.
(2) Any agency, division, or department of the state of Washington which through
agreement with the department certifies statements of intent for its own contracts
shall provide to the industrial statistician each month the number of statements of intent
certified and quarterly shall send the fee set in RCW39.12.070 for each statement of
intent to pay prevailing wages it has certified. This fee shall be sent to the industrial
statistician and be made payable to the department of labor and industries.
[Statutory Authority: Chapter 39.12RCW, RCW43.22.270, and 2008 c 285. WSR08-17-072, §296-127-040,
filed 8/19/08, effective 9/19/08. Statutory Authority: RCW39.12.070. WSR94-01-100, §296-127-040,
filed 12/16/93, effective 1/16/94. Statutory Authority: RCW43.22.270. WSR90-24-053, §296-127-040,
filed 12/3/90, effective 1/3/91. Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270.
WSR88-22-046 (Order88-22), §296-127-040, filed 10/31/88. Statutory Authority: RCW39.12.015,
39.12.060 and House Bill 795, 1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-040, filed 8/27/82.]
WAC296-127-045: Affidavit of wages paid.
(1) All affidavits of wages paid submitted to the industrial statistician of the department
shall be accompanied by the fee set in RCW39.12.070 for each affidavit of wages paid. All
fees shall be made payable to the department of labor and industries.
(2) Any agency, division, or department of the state of Washington which through
agreement with the department certifies affidavits of wages paid for its own contracts shall
provide to the industrial statistician each month the number of affidavit of wages paid it has
certified and quarterly shall send the fee set in RCW39.12.070 for each affidavit of wages paid
it has certified. This fee shall be sent to the industrial statistician and be made payable to the
department of labor and industries.
[Statutory Authority: Chapter 39.12RCW, RCW43.22.270, and 2008 c 285. WSR08-17-072, §296-127-045,
filed 8/19/08, effective 9/19/08. Statutory Authority: RCW39.12.070. WSR94-01-100, §296-127-045,
filed 12/16/93, effective 1/16/94. Statutory Authority: RCW43.22.270. WSR90-24-053, §296-127-045,
filed 12/3/90, effective 1/3/91. Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270.
WSR88-22-046 (Order88-22), §296-127-045, filed 10/31/88. Statutory Authority: RCW39.12.015,
39.12.060 and House Bill 795, 1982 1st ex.s. c 38. WSR82-18-041 (Order82-28), §296-127-045, filed 8/27/82.]
WAC296-127-050: Filing of statements of intent to pay prevailing wages and
affidavits of wages paid for contracts under two thousand five hundred dollars.
A contract awarding agency may, as part of a public works contract, enter into an agreement
with a contractor to approve statements of intent to pay prevailing wages and affidavits of wages
paid on behalf of the department for contracts wherein the total amount does not exceed two
thousand five hundred dollars as provided in RCW39.12.040(2), pursuant to the following terms:
(1) The agreement must be incorporated into the bid specifications and contract document;
(2) Statement of intent forms and affidavit of wages paid forms, provided by the
department, must be filed with the contract awarding agency by the contractor prior to
the disbursement of public funds;
(3) Contract awarding agencies must retain copies of all statements of intent to pay
72
prevailing wages received pursuant to this section for a period of not less than three years;
(4) Contract awarding agencies must send to the department copies of all affidavits of
wages paid received pursuant to this section within thirty days of receipt from the contractor;
(5) The contract awarding agency shall accept full responsibility and liability for
payment of any valid wage claims directly to the claimant;
(6) The contract awarding agency may proceed against any contractor found to have
violated the provisions of the statute, and may debar such contractor from consideration
for future contracts for up to one year and will provide the department with the names and
contractor registration or other employer identification numbers of any such debarred
contractors within thirty days of the debarment; and
(7) Contract awarding agencies and contractors shall not enter into contracts or
agreements to perform public work that subdivide or otherwise disaggregate any public
works project of more than two thousand five hundred dollars, to enable such public
works project to be awarded pursuant to this section.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-050, filed 12/18/91, effective 1/31/92.]
WAC296-127-060: Director of department of labor and industries to arbitrate
disputes
—
General provisions.
(1) The contract executed between a public authority and the successful bidder or
contractor and all of his or her subcontractors shall contain a provision that in case any
dispute arises as to what are the prevailing rates of wages for a specific trade, craft
or occupation and such dispute cannot be adjusted by the parties in interest, including
labor and management representatives, the matter shall be referred for arbitration to
the director, and his or her decision shall be final, conclusive, and binding on all parties
involved in the dispute.
(2) In exercising his or her authority to hear and decide disputes the director shall
consider among other things, timeliness, the nature of the relief sought, matters of undue
hardship or injustice, or public interest. A “timely” request for arbitration is one received
within thirty days after the contract has been awarded.
(3) Any party in interest who is seeking a modification or other change in a wage
determination under RCW39.12.015, and who has requested the industrial statistician
to make such modification or other change and the request has been denied, after
appropriate reconsideration by the assistant director shall have a right to petition for
arbitration of the determination.
(a) For purpose of this section, the term “party in interest” is considered to include,
without limitation:
(i) Any contractor, or an association representing a contractor, who is likely to seek
or to work under a contract containing a particular wage determination, or any worker,
laborer or mechanic, or any council of unions or any labor organization which represents a
laborer or mechanic who is likely to be employed or to seek employment under a contract
containing a particular wage determination, and
(ii) Any public agency concerned with the administration of a proposed contract or a
contract containing a particular wage determination issued pursuant to chapter 39.12RCW.
73
(b) For good cause shown, the director may permit any party in interest to intervene or
otherwise participate in any proceeding held by the director. A petition to intervene or
otherwise participate shall be in writing, and shall state with precision and particularity:
(i) The petitioner’s relationship to the matters involved in the proceedings, and
(ii) The nature of the presentation which he or she would make. Copies of the petition shall
be served on all parties or interested persons known to be participating in the proceeding,
who may respond to the petition. Appropriate service shall be made of anyresponse.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-060, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38.
WSR82-18-041 (Order82-28), §296-127-060, filed 8/27/82.]
WAC296-127-061: Requests for arbitration.
(1) The petition for arbitration (original and two copies) shall be filed with: Director,
Department of Labor and Industries, 7273 Linderson Way Southwest, Tumwater,
Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001. In addition,
copies of the petition shall be served personally or by mail upon each of the following:
(a) The public agency or agencies involved;
(b) The industrial statistician; and
(c) Any other person (or the authorized representatives of such person) known to be
interested in the subject matter of the petition.
(2) The director shall under no circumstances request any administering agency to postpone
any contract performance because of the filing of a petition. This is a matter which must be
resolved directly with the administering agency by the petitioner or other party in interest.
(3) A petition for arbitration of a wage determination shall:
(a) Be in writing and signed by the petitioner or his or her counsel (or other authorized
representative); and
(b) Identify clearly the wage determination, location of project or projects in question,
and the agency concerned; and
(c) State that the petitioner has requested reconsideration of the wage determination in
question and describe briefly the action taken in response to the request; and
(d) Contain a short and plain statement of the grounds for review; and
(e) Be accompanied by supporting data, views, or arguments; and
(f) Be accompanied by a filing fee of seventy-five dollars. Fees shall be made payable to
the department of labor and industries.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-061, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38.
WSR82-18-041 (Order82-28), §296-127-061, filed 8/27/82.]
WAC296-127-062: Conduct of arbitration hearing.
(1) Interested persons other than the petitioner shall have a reasonable opportunity as
specified by the director in particular cases to submit to the director written data, views,
or arguments relating to the petition. Such material (original and four copies) shall be filed
74
with the: Director, Department of Labor and Industries, 7273 Linderson Way Southwest,
Tumwater, Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001 and
be accompanied by a filing fee of thirty-five dollars. Fees shall be made payable to the
department of labor and industries. Copies of any such material shall be served on the
petitioner and other interested persons.
(2) Each party in interest shall have the right to appear in person or by or with counsel or
other qualified representatives in any proceeding before the director. If all parties agree,
oral testimony may be waived and arguments submitted in writing.
(3) Upon his or her own initiative or upon motion of any interested person or party, the
director may consolidate in any proceeding or concurrently consider two or more appeals
which involve substantially the same persons or parties, or issues which are the same
or closely related, if he or she finds that such consolidation or concurrent review will
contribute to an efficient review and to the ends of justice, and it will not unduly delay
consideration of any such appeals.
(4) The director shall prescribe the time and place for hearing. The director shall
schedule the hearing within forty-five days of the request. For good cause shown, the
director may allow a continuance at the request of a party in interest.
(a) With respect to any proceeding before the director, the director may upon his or her
own initiative or upon the request of any interested person or party direct the interested
persons or parties to appear before the director at a specified time and place in order to
simplify the issues presented or to take up any other matters which may tend to expedite
or otherwise facilitate the disposition of the proceeding.
(b) All papers submitted to the director under this section shall be filed with the:
Department of Labor and Industries, 7273 Linderson Way Southwest, Tumwater,
Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001. An original
and two copies of all papers shall be submitted. Service under this part shall be by the
filing party or interested person; service may be personal or may be by mail. Service by
mail is complete on mailing.
(5) The final disposition shall be by the director.
(a) The director may decline review of any case whenever in his judgment a review
would be inappropriate or because of the lack of timeliness, the nature of the relief
sought, or other reasons.
(b) The director shall decide the case upon the basis of all relevant matter contained
in the entire record before him or her but the director may utilize his or her experience,
technical competence, and specialized knowledge in evaluating the evidence.
(c) Upon reasonable notice to the parties or interested persons, the director may vary
the procedures specified in this part in particular cases.
(6) The director may allow all parties a period of ten days for filing post-hearing briefs
prior to closing the record and concluding the hearing.
(7) The director shall issue a written decision within thirty days of the conclusion of the
hearing. A copy shall be sent to each party in interest.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-062, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.015, 39.12.060 and House Bill 795, 1982 1st ex.s. c 38.
WSR82-18-041 (Order82-28), §296-127-062, filed 8/27/82.]
75
WAC296-127-130: Filing of complaint.
Any interested party, as defined in RCW39.12.010(4) may file with the department a
complaint alleging a violation of the prevailing wage laws. The complaint must describe
the alleged violation and identify the alleged violator. It would aid the department’s
investigation if the complaint also specifies:
(1) The name and address of the complainant;
(2) The address of the alleged violator;
(3) The name and address of the public agency that awarded the contract;
(4) The date the public agency accepted the completed public work (if applicable);
(5) The specific rates of wages paid by the violator and the rates that allegedly
shouldbepaid;
(6) The exact amount of prevailing wages that are alleged to remain unpaid; and
(7) The date the bids were due on the public works project.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-130, filed 1/17/86.]
WAC296-127-140: Investigation of complaint.
(1) The department shall investigate a complaint filed by an interested party unless the
complaint was filed more than thirty days after the date the public agency accepted the
public work that gave rise to the complaint. The department may, in its sole discretion,
investigate a complaint filed more than thirty days after the acceptance date. However,
the department may not charge a contractor with a violation of RCW39.12.065 if the
complaint is filed after the thirty-day limit.
The department’s investigation shall determine whether a violation of RCW39.12.065 or
39.12.050, or both, or of any other provision of chapter 39.12RCW, occurred.
(2) If the department’s investigation substantiates a complaint that alleges that a
contractor has violated RCW39.12.065, the department is required to attempt to collect
unpaid wages for the contractor’s employees. During the investigation, the department
should be able to identify the affected employees. The department shall direct to the
affected employees the best notice practicable under the circumstances, including
individual notice to all employees who can be identified through reasonable effort. The
notice shall inform the employee that (a) the department’s final order, whether favorable
or not, will apply to all employees; (b) any employee may, if he or she desires, move to
intervene as a party in any hearing held as a result of the investigation; and (c) that the
employee may have a private right of action to collect unpaid prevailing wages.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-140, filed 1/17/86.]
76
WAC296-127-150: Notice of violation.
(1) If the department determines after its investigation that there is reasonable cause
to believe that the prevailing wage law has been violated, the department shall notify
the violator of its determination. The notice of violation shall be served on the violator
personally or by certified mail.
(2) The notice of violation shall:
(a) Describe concisely the violation;
(b) Specify which statute or statutes were violated;
(c) If known, identify the laborers, workers, and mechanics who are affected by the violation;
(d) If known, state the amount of unpaid prevailing wages the violator owes;
(e) State that an employee cannot by contract or agreement waive the right to receive
the prevailing wage;
(f) State the penalty that the department will assess for a violation, if any, of
RCW39.12.065 and 39.12.050; and
(g) State the date the complaint was filed with the department.
(3) RCW39.12.065 and 39.12.050 establish the penalty amounts.
(4) If the notice alleges a violation of RCW39.12.065, the department shall serve a copy of the
notice of violation on the violator’s sureties under chapters 39.08, 18.27, 19.28, and 60.28RCW.
(5) The notice of violation shall inform the violator and, if a violation of RCW39.12.065 is
alleged, its sureties that they may request a hearing on the violations, the amount of
unpaid prevailing wages owed, or the penalties assessed. The notice shall specify that if
no hearing is requested within thirty days of the date of issuance of the notice the director
shall issue a final, unappealable order finding that the violation did occur, ordering the
violator to pay any unpaid prevailing wages, and assessing penalties.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-150, filed 1/17/86.]
WAC296-127-160: Appeal of notice of violation.
The violator or any of its sureties who are interested in the matter may request a
hearing on a notice of violation. One original and four copies of the request must be filed
with the director within thirty days after the date the department issued the notice.
The party requesting the hearing must also serve a copy of the notice on all interested
sureties and, if the requester is a surety, on the violator.
The request for hearing must be in writing and must specify:
(1) The name and address of the party requesting the hearing;
(2) The notice of violation that is being appealed;
(3) The items of the notice of violation that the requester believes are erroneous; and
(4) The reasons the notice of violation is erroneous.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-160, filed 1/17/86.]
77
WAC296-127-170: Hearing on notice of violation.
(1) The director may hear the appeal personally or may delegate the authority to hold
the hearing and draft a proposed decision to an administrative law judge pursuant
to chapter34.12RCW. The plaintiff in the hearing shall be the department, and the
defendants shall be the violator and its interested sureties. The department shall have the
burden of proving, by a preponderance of the evidence, that the violations occurred and
that any wages were unpaid as stated in the notice.
(2) Any interested party may upon motion, be allowed to intervene as a plaintiff in the
hearing. “Standing” shall be construed broadly to effectuate the remedial purposes of
the prevailing wage law. An interested party, whether or not admitted as a plaintiff, may
submit written arguments and affidavits. The parties shall be given an opportunity to
respond to or rebut any arguments and affidavits before the person presiding over the
hearing makes his or her decision.
(3) The hearing shall be conducted in accordance with chapter 34.05RCW.
(4) If the director presides over the hearing, the director shall issue a final decision that
includes findings of fact and conclusions of law, and if appropriate an order to pay unpaid
prevailing wages, a penalty, or both.
(5) If an administrative law judge presides over the hearing, she or he shall issue a
proposed decision that includes findings of fact, conclusions of law, and if appropriate
an order to pay unpaid prevailing wages, a penalty, or both. The proposed decision shall
be served by certified mail or personally on the violator, the interested sureties, the
department, and any interested parties who have intervened as plaintiffs. Any of these
parties, if aggrieved by the proposed decision, may appeal to the director within thirty days
after the date of issuance of the proposed decision. If none of the parties appeals within
thirty days, the proposed decision may not be appealed either to the director or the courts.
(6) An appellant must file with the director an original and two copies of its notice of
appeal. The notice of appeal must specify which findings and conclusions are erroneous.
The appellant must attach to the notice the written arguments supporting its appeal.
The appellant must serve a copy of the notice of appeal and the arguments on the other
parties. The respondent parties must file with the director their written arguments within
thirty days after the date the notice of appeal and the arguments were served upon them.
(7) The director shall review the proposed decision in accordance with the Administrative
Procedure Act, chapter 34.05RCW. The director may: Allow the parties to present oral
arguments as well as the written arguments; require the parties to specify the portions of the
record on which the parties rely; require the parties to submit additional information by affidavit
or certificate; remand the matter to the administrative law judge for further proceedings; and
require a departmental employee to prepare a summary of the record for the director to review.
The director shall issue a final decision that can affirm, modify, or reverse the proposed decision.
(8) The director shall serve the final decision on all parties. Any aggrieved party may
appeal the final decision to superior court pursuant to chapter 34.05RCW unless the final
decision affirms an unappealed proposed decision. If no party appeals within the period
set by chapter 34.05RCW, the director’s decision is conclusive and binding on all parties.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-170, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-170, filed 1/17/86.]
78
WAC296-127-180: Effect of final decision finding a violation of RCW39.12.065.
If the director issues a final decision that includes a finding that a contractor violated
RCW39.12.065 and that the contractor owes unpaid prevailing wages, and the finding
is not timely appealed or is affirmed by the courts, the findings and the decision are res
judicata in any action by the department or by any interested party who was a plaintiff
at the hearing, against the contractor and its sureties to recover the unpaid prevailing
wages. The findings and decision are not res judicata in any action by an interested party
who was not a plaintiff at the hearing.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-180, filed 1/17/86.]
WAC296-127-190: Filing of lien against retainage or bonds.
(1) Upon receipt of a timely complaint that a contractor has violated RCW39.12.065, and
that the contractor owes unpaid prevailing wages, the department may file a lien against
the retainage or bond obtained by the contractor under RCW60.28.011.
(2) Upon issuance by the director of a final decision that finds that a contractor has
violated RCW39.12.065 or 39.12.050, and that sets a civil penalty for the violation, the
department shall file liens for the penalty amount against the retainage and bonds the
contractor obtained under RCW39.12.065 (2)(c), 39.08.010, and 60.28.011.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-190, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-190, filed 1/17/86.]
WAC296-127-200: Surety bond payable to director.
(1) RCW39.12.065 (2)(c) authorizes the director to require a contractor to obtain a surety
bond “running to the director in the amount of the violation found.” The intent and wording
indicates that the director may require such a bond only after issuing a final decision
finding that the contractor has violated RCW39.12.065.
(2) The director may demand that a violating contractor post the bond when:
(a) The director has issued a final decision that finds that the contractor owes unpaid
prevailing wages or a penalty, whether or not the decision has been appealed to the
courts; and
(b) The retainage or bonds provided under RCW60.28.011, 18.27.040, and 19.28.041 are
or may be insufficient to pay the amount of prevailing wages or the penalty owed.
(3) A contractor may at any time voluntarily obtain a bond running to the director to
guarantee the payment of the prevailing wages and any penalty. The contractor may allow
the director to satisfy any claim for unpaid wages or the penalty from this bond instead
of from the retainage or bonds obtained under RCW60.28.011, 18.27.040, 19.28.041,
and39.08.010.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-200, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-200, filed 1/17/86.]
79
WAC296-127-210: Suit against retainage and bonds.
(1) If the director issues a final decision that includes a finding that the contractor has
violated RCW39.12.065 or 39.12.050, and the finding is not timely appealed or is affirmed
by the courts, the department may file suit against the appropriate retainage and bonds to
recover the amount of unpaid prevailing wages or the civil penalty.
(2) The department may, before issuance of a final decision, file suit against the
appropriate retainage and bonds to recover unpaid prevailing wages if the filing of a
suit is necessary to preserve the claim. The suit shall be held in abeyance pending the
exhaustion of administrative remedies.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-210, filed 1/17/86.]
WAC296-127-220: Distribution of recovery.
(1) Upon making a recovery pursuant to RCW39.12.065(2) against a contractor’s
retainage or bonds, the department shall distribute the proceeds and any award of
attorneys’ fees and costs as follows:
(a) The recovery shall be paid to the employees of the violator who did not receive
the correct prevailing wage. The distribution among employees shall be based on the
evidence of wage loss produced at the hearing on the violation.
(b) Next shall be paid the costs the department incurred in making the recovery. The
department shall pay these costs from the attorney’s fees and costs awarded by the courts.
(2) A contractor who is the subject of an investigation or who has received a notice of
violation may choose not to contest the matter and may tender to the department the
amount of unpaid prevailing wages the department determines is owed. The department,
after identifying and notifying the affected employees pursuant to WAC296-127-140,
shall accept the tender if the contractor in writing acknowledges that the department,
by accepting the tendered amount, does not absolve the contractor from liability to any
employee for unpaid prevailing wages.
(3) If an employee for whom the department has recovered unpaid prevailing wages
cannot be found, the department shall retain the wages for the one-year period required
by RCW63.29.150. After the statutory period has lapsed, the department shall pay the
wages to the department of revenue in accordance with RCW63.29.170.
[Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-220, filed 1/17/86.]
WAC296-127-300: Filing and service.
All papers required to be filed with the director under this chapter or chapter 39.12RCW shall
be addressed to: Director, Department of Labor and Industries, 7273 Linderson Way Southwest,
Tumwater, Washington, or by mail to: Post Office Box 44001, Olympia, WA 98504-4001.
Filing and service shall be in accordance with chapter 34.05RCW.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-300, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-300, filed 1/17/86.]
80
WAC296-127-310: List of violators.
The department shall maintain a list of all contractors who are forbidden to bid on a
public works project, or to have a bid accepted, pursuant to RCW39.12.065(3), 39.12.055,
or 39.12.050. To the extent required by RCW39.12.065(3), 39.12.055, and 39.12.050, the
industrial statistician shall refuse to certify any statement of intent to pay the prevailing
wage or affidavit of wages paid that he or she determines was submitted by a contractor
on the list. Because the department receives a large number of requests for certification,
the department shall not be liable to any person or entity for certifying a statement or an
affidavit of a contractor on the list.
The industrial statistician shall make the list available electronically.
[Statutory Authority: Chapter 39.12RCW. WSR19-15-119, §296-127-310, filed 7/23/19, effective
8/23/19. Statutory Authority: RCW39.12.050, 39.12.065, 43.22.270 and 51.04.020. WSR86-03-063
(Order85-28), §296-127-310, filed 1/17/86.]
WAC296-127-320: Payroll.
(1) Each contractor shall keep accurate payroll records for three years from the date of
acceptance of the public works project by the contract awarding agency, showing the
name, address, Social Security number, trade or occupation, straight time rate, hourly rate
of usual benefits as defined by WAC296-127-014(1), and overtime hours worked each day
and week, including any employee authorizations executed pursuant to WAC296-127-022,
and the actual rate of wages paid, for each laborer, worker, and mechanic employed by
the contractor for work performed on a public works project.
(2) A contractor shall, within ten days after it receives a written request, from the
department or from any interested party as defined by RCW39.12.010(4), file a certified
copy of the payroll records with the agency that awarded the public works contract and
with the department.
(3) A contractor’s noncompliance with this section shall constitute a violation of
RCW39.12.050.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-320, filed 12/18/91, effective 1/31/92. Statutory Authority: RCW39.12.050, 39.12.065,
43.22.270 and 51.04.020. WSR86-03-063 (Order85-28), §296-127-320, filed 1/17/86.]
WAC296-127-990: Severability.
If any provision of this chapter or its application to any persons or circumstances is held
invalid by state or federal court, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected.
[Statutory Authority: Chapters 39.04 and 39.12RCW and RCW43.22.270. WSR92-01-104,
§296-127-990, filed 12/18/91, effective 1/31/92.]
81
7
Quick-access Links
If you’re already familiar with prevailing wage, this section provides
quick-access links to the tasks you need to meet L&I requirements.
82
Bidding and construction
Scopes of work: Lni.wa.gov/ScopesOfWork
Find prevailing wage rates by job classification:
Lni.wa.gov/PrevailingWageRates
Policies and determinations: Lni.wa.gov/PWPolicies
View the publication of all updates and corrections to any prevailing wage rate:
Lni.wa.gov/PWWageUpdates
Certified Payroll Records How-To-Do YouTube Videos: youtu.be/nyZXBnK1eK0
Step by step instructions for on-line filing of Intents, Affidavits, and certified
payroll records: Lni.wa.gov/PWIAInstructions
Look up tools
Contractor strike and debar lists: Lni.wa.gov/ContractorStrikes
Look up approved Intent and Affidavit Forms: Lni.wa.gov/PWIASearch
Look up journey level rates: Lni.wa.gov/ContractorWages
State Approved Registered Apprentice Wage Rates Lookup:
Lni.wa.gov/ApprenticeWages
Verify tool to look up a contractor, tradesperson, or business: Lni.wa.gov/Verify
Portal signup
Awarding agency portal signup: Lni.wa.gov/AAPortal
Contractor portal signup: Lni.wa.gov/ContractorPortal
Portal access, other questions: Email pw1@Lni.wa.gov
83
Prevailing Wage Advisory Council
Prevailing Wage Advisory Committee (PWAC): Lni.wa.gov/PWAC
Complaint forms
Worker Prevailing Wage Complaint Form: Lni.wa.gov/go/F700-146-000
Interest Party Prevailing Wage Complaint Form: Lni.wa.gov/go/F700-129-000
Statute (RCW) and rule (WAC) links:
Check current prevailing wage law on the Legislative web site:
app.leg.wa.gov/rcw/default.aspx?cite=39.12
Find prevailing wage administrative rules on the legislative web site:
app.leg.wa.gov/wac/default.aspx?cite=296-127
84
Contact Information
Prevailing Wage Program
Mailing Address:
Department of Labor & Industries
PO Box 44540
Olympia WA 98504-4540
Street Address:
7273 Linderson Way SW
Tumwater WA 98501
Phone: 360-902-5335 or 1-855-545-8163
Fax: 360-902-5300
Lni.wa.gov/licensing-permits
Email: pw1@Lni.wa.gov
Subscribe: If you would like to
receive Prevailing Wage updates
and information, sign up at
public.govdelivery.com/accounts/
WADLI/subscriber/new.
Washington State Apprenticeship Program
Mailing Address:
Department of Labor & Industries
PO Box 44530
Olympia WA 98504-4530
Phone: 360-902-5320
Lni.wa.gov/Apprenticeship
Other Contacts
Contractor Registration
Lni.wa.gov/licensing-permits
1-800-647-0982
Electrical Licensing
Lni.wa.gov/ElectricalLicensing
360-902-5269
Employment Standards
Lni.wa.gov/workers-rights
360-902-5316
Workers’ Compensation (premium status)
Lni.wa.gov/Insurance
360-902-4817
Washington State Auditor’s Office
sao.wa.gov
564-999-0950
United States Department of Labor
dol.gov
1-866-487-2365
Visit Lni.wa.gov/Offices for a full list of our office locations.
Upon request, foreign language support and formats for persons with
disabilitiesare available. Call 1-800-547-8367. TDD users, call 711.
L&Iisanequal opportunity employer.
PUBLICATION F700-032-000 [10-2023]