Pennsylvania Prevailing Wage Information
GENERAL INFORMATION
The Pennsylvania Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates. The Department also determines the prevailing minimum wage rates and employee benefits for specific localities and classifications. The prevailing wage regulations allow the Secretary of Labor and Industry to consider collective bargaining agreements (CBA) and other types of data for purposes of determining the wage rates.
THRESHOLD
Construction projects (construction, reconstruction, demolition, alteration and or repair work other than maintenance work) financed by a public body where the estimated cost is at least $25,000 require Pennsylvania prevailing wages under the Pennsylvania Prevailing Wage Act (43 P.S. §§ 165-1 through 165-17). A municipality has the responsibility of obtaining Pennsylvania prevailing wage rates from the Commonwealth, Department of Labor & Industry for a project. The public body must also include Pennsylvania prevailing wage rates in the contracts, notice for bids and advertisements. 43 P.S. § 154-4; 34 Pa. Code § 9.104.
List identifying maintenance and construction work
TIMING & INCREASES IN PREVAILING WAGE
Wage determinations are issued on a project-by-project basis. Increases may vary based on CBAs for specific trades.
OVERTIME
Pennsylvania prevailing wage law does not mandate different overtime rate for different trades.
WORKING ON THE WEEKEND
Pennsylvania prevailing wage law does not maintain different rates for working on the weekend.
WORKING ON LEGAL HOLIDAYS
Pennsylvania prevailing wage law does not require different rates per trade for working on legal holidays. Thus, holidays are not regulated by the Pennsylvania Prevailing Wage Act.
SHIFT DIFFERENTIALS
Pennsylvania prevailing wage law does not require different rates per trade for working different shifts throughout the day.
FRINGE BENEFITS
Pennsylvania prevailing wage law defines prevailing wage as a “base wage rate” plus “fringe benefits”. “Fringe benefits” means bona fide benefits contribution, except those required by Federal/State law (unemployment tax, workers’ compensation, income taxes, etc.). Examples of fringe benefits include the following: 1) medical/hospital care; 2) pension/retirement; 3) life insurance; 4) disability; 5) vacation/holiday pay; or 6) other bona fide fringe benefits.
TRAINING CONTRIBUTION
Pennsylvania prevailing wage law does compensate for training contribution. The employee benefit component of the prevailing wage may be based on apprenticeship and training contributions that vary by trade.
APPRENTICE REQUIREMENTS
The requirements to obtain an apprentice classification are as follows:
1) A person employed and working under a bona fide apprenticeship program, directly related to the particular craft involved in the construction
industry
2) registered with an approved by the Pennsylvania Apprenticeship and Training Council
3) and training and employment are in full compliance with the provisions of The Apprenticeship and Training Act
For additional information on apprenticeship and training, please contact:
Harrisburg Central Office
1301 Labor & Industry Building
651 Boas St.,
Harrisburg, PA 17121
Phone: (717) 787-4671; (800) 932-0665
TRAVEL AND SUBSISTENCE
Pennsylvania prevailing wage law does not require payment of travel and subsistence.
CONTRACTOR LICENSING
The State of Pennsylvania does not have a state licensure requirement for public works. Construction contractors are not listed. However, the Department of Transportation maintains certain requirements for public works contractors. Moreover, to perform asbestos abatement work, a certificate/license is required.
Certificate of License to Asbestos Abatement work in Pennsylvania
Pennsylvania's Contractor Licensing Policy
DUTIES OF CONTRACTORS
Posting notices
The contractors and subcontractors on the public work project shall post a notice or notices in the manner and form prescribed by § 9.103 (relating to required provisions). This notice is to be clearly legible and placed in a prominent and easily accessible place at the site of the public work project and at places used by them to pay workmen their wages.
Records and Inspection
The accurate record of employment and wage payments required to be kept and preserved by contractors and subcontractors on public work shall include at least the following information: The name, address and social security number of each workman.
PENALTIES
The Secretary of Labor and Industry has the duty to investigate whether there has been a failure to pay prevailing minimum wage rates and whether this failure was intentional or not.
Unintentional failure to pay prevailing wages
If a person/firm unintentionally failed to pay prevailing wages, he/she will be given a reasonable opportunity to adjust the matter by making payment or providing adequate security for the payment of the amounts required under the Pennsylvania Prevailing Wage Act.
Intentional failure to pay prevailing wages
Please See “Debarment” section below.
Additionally, intentional failure to pay the correct prevailing wages makes the person/firm liable for liquidated damages and damages for breach of contract in the amount of underpayment of wages due to workers engaged in performance of the contract.
Examples of substantial evidence of intentional failure to pay prevailing wages:
1) acts of omission/commission done willfully or with knowing disregard of rights of workmen resulting in payment of less than prevailing wage rates
2) After a finding of failure to pay the correct prevailing wage, the person/firm fails to pay prevailing wages prescribed by the Act OR a subsequent failure to comply with any opportunity to adjust any differences that shall be afforded to him by the secretary.
DEBARMENT
If a person/firm’s failure to pay the correct prevailing wages was intentional, then all public bodies will be notified of this person/firm’s name. Under Section 11(e) of the Act (43 P.S. § 165-1(e)), these persons and firms, or any firm, corporation or partnership in which such persons and firms have an interest, shall be awarded no contract for 3 years after the date listed.
Please See, “Helpful Links” for current list of debarred contractors.
HELPFUL LINKS
Prevailing Wage Act
Prevailing wage regulations
Apprenticeship and Training Act
Apprenticeship and Training Regulations
Apprenticeship and Training Program Overview
Wage rate submittal form
Prevailing wage complaint form
Current Labor and Industry Debarment List
Prevailing wage rate determination request form
Prevailing wage rates determination search
Prevailing wage quick links
Wage rate submittal form
Residential rates
Prevailing wage complaint form
CONTACT INFORMATION
Pennsylvania Department of Labor and Industry Building
651 Boas Street
Harrisburg, PA 17121
Website: www.dli.state.pa.us
The Pennsylvania Department of Labor and Industry, through the Bureau of Labor Law Compliance, determines prevailing wage rates for the construction industry and enforces the rates. The Department also determines the prevailing minimum wage rates and employee benefits for specific localities and classifications. The prevailing wage regulations allow the Secretary of Labor and Industry to consider collective bargaining agreements (CBA) and other types of data for purposes of determining the wage rates.
THRESHOLD
Construction projects (construction, reconstruction, demolition, alteration and or repair work other than maintenance work) financed by a public body where the estimated cost is at least $25,000 require Pennsylvania prevailing wages under the Pennsylvania Prevailing Wage Act (43 P.S. §§ 165-1 through 165-17). A municipality has the responsibility of obtaining Pennsylvania prevailing wage rates from the Commonwealth, Department of Labor & Industry for a project. The public body must also include Pennsylvania prevailing wage rates in the contracts, notice for bids and advertisements. 43 P.S. § 154-4; 34 Pa. Code § 9.104.
List identifying maintenance and construction work
TIMING & INCREASES IN PREVAILING WAGE
Wage determinations are issued on a project-by-project basis. Increases may vary based on CBAs for specific trades.
OVERTIME
Pennsylvania prevailing wage law does not mandate different overtime rate for different trades.
WORKING ON THE WEEKEND
Pennsylvania prevailing wage law does not maintain different rates for working on the weekend.
WORKING ON LEGAL HOLIDAYS
Pennsylvania prevailing wage law does not require different rates per trade for working on legal holidays. Thus, holidays are not regulated by the Pennsylvania Prevailing Wage Act.
SHIFT DIFFERENTIALS
Pennsylvania prevailing wage law does not require different rates per trade for working different shifts throughout the day.
FRINGE BENEFITS
Pennsylvania prevailing wage law defines prevailing wage as a “base wage rate” plus “fringe benefits”. “Fringe benefits” means bona fide benefits contribution, except those required by Federal/State law (unemployment tax, workers’ compensation, income taxes, etc.). Examples of fringe benefits include the following: 1) medical/hospital care; 2) pension/retirement; 3) life insurance; 4) disability; 5) vacation/holiday pay; or 6) other bona fide fringe benefits.
TRAINING CONTRIBUTION
Pennsylvania prevailing wage law does compensate for training contribution. The employee benefit component of the prevailing wage may be based on apprenticeship and training contributions that vary by trade.
APPRENTICE REQUIREMENTS
The requirements to obtain an apprentice classification are as follows:
1) A person employed and working under a bona fide apprenticeship program, directly related to the particular craft involved in the construction
industry
2) registered with an approved by the Pennsylvania Apprenticeship and Training Council
3) and training and employment are in full compliance with the provisions of The Apprenticeship and Training Act
For additional information on apprenticeship and training, please contact:
Harrisburg Central Office
1301 Labor & Industry Building
651 Boas St.,
Harrisburg, PA 17121
Phone: (717) 787-4671; (800) 932-0665
TRAVEL AND SUBSISTENCE
Pennsylvania prevailing wage law does not require payment of travel and subsistence.
CONTRACTOR LICENSING
The State of Pennsylvania does not have a state licensure requirement for public works. Construction contractors are not listed. However, the Department of Transportation maintains certain requirements for public works contractors. Moreover, to perform asbestos abatement work, a certificate/license is required.
Certificate of License to Asbestos Abatement work in Pennsylvania
Pennsylvania's Contractor Licensing Policy
DUTIES OF CONTRACTORS
Posting notices
The contractors and subcontractors on the public work project shall post a notice or notices in the manner and form prescribed by § 9.103 (relating to required provisions). This notice is to be clearly legible and placed in a prominent and easily accessible place at the site of the public work project and at places used by them to pay workmen their wages.
Records and Inspection
The accurate record of employment and wage payments required to be kept and preserved by contractors and subcontractors on public work shall include at least the following information: The name, address and social security number of each workman.
PENALTIES
The Secretary of Labor and Industry has the duty to investigate whether there has been a failure to pay prevailing minimum wage rates and whether this failure was intentional or not.
Unintentional failure to pay prevailing wages
If a person/firm unintentionally failed to pay prevailing wages, he/she will be given a reasonable opportunity to adjust the matter by making payment or providing adequate security for the payment of the amounts required under the Pennsylvania Prevailing Wage Act.
Intentional failure to pay prevailing wages
Please See “Debarment” section below.
Additionally, intentional failure to pay the correct prevailing wages makes the person/firm liable for liquidated damages and damages for breach of contract in the amount of underpayment of wages due to workers engaged in performance of the contract.
Examples of substantial evidence of intentional failure to pay prevailing wages:
1) acts of omission/commission done willfully or with knowing disregard of rights of workmen resulting in payment of less than prevailing wage rates
2) After a finding of failure to pay the correct prevailing wage, the person/firm fails to pay prevailing wages prescribed by the Act OR a subsequent failure to comply with any opportunity to adjust any differences that shall be afforded to him by the secretary.
DEBARMENT
If a person/firm’s failure to pay the correct prevailing wages was intentional, then all public bodies will be notified of this person/firm’s name. Under Section 11(e) of the Act (43 P.S. § 165-1(e)), these persons and firms, or any firm, corporation or partnership in which such persons and firms have an interest, shall be awarded no contract for 3 years after the date listed.
Please See, “Helpful Links” for current list of debarred contractors.
HELPFUL LINKS
Prevailing Wage Act
Prevailing wage regulations
Apprenticeship and Training Act
Apprenticeship and Training Regulations
Apprenticeship and Training Program Overview
Wage rate submittal form
Prevailing wage complaint form
Current Labor and Industry Debarment List
Prevailing wage rate determination request form
Prevailing wage rates determination search
Prevailing wage quick links
Wage rate submittal form
Residential rates
Prevailing wage complaint form
CONTACT INFORMATION
Pennsylvania Department of Labor and Industry Building
651 Boas Street
Harrisburg, PA 17121
Website: www.dli.state.pa.us
