Rhode Island Prevailing Wage Information
GENERAL INFORMATION
Prevailing Wage means the per hour wages contractors are required to pay workers performing various and related trades on RI public works construction projects. Contractors must pay their workers the prevailing wage rate whenever state or municipal funds of $1000 or more are used on the public works construction project. Rhode Island General Law (RIGL) 37-13 mandates that any contractor who has been awarded a contract for a Public Works construction project over $1000.00 must pay the applicable prevailing wage rates. This includes any public work consisting of grading, cleaning, demolishing, improvement, completion, repair, alteration or construction of any public road or any bridge or portion thereof or any heavy construction or any public works projects of any nature or kind whatsoever.
THRESHOLD
The Rhode Island prevailing wage requirements refer to the prevailing rate of pay for regular, holiday, and overtime wages to be paid to each craftsmen, mechanic, teamster, laborer, or other type of worker performing work on public works projects when state or municipal funds exceed one thousand dollars ($1,000). However, if the contractor submits two or more services before the completion of the project and the monies accumulate to or exceed $1,000 of public funds, prevailing wages must be paid. If the overall cost of the project consists of $1,000 or more of public funds, a subcontractor must pay its employees the prevailing wage even if the contract between the general contractor and subcontractor is less than $1,000.
INCREASES
Contractors working on Rhode Island prevailing wage projects must adjust employees’ hourly rates every July 1 according to updated Davis-Bacon rates. Moreover, the trade rates may change at various times throughout the year. These rates may be obtained at the following website: www.wdol.gov/dba.aspx.
OVERTIME
If an employee works in any one week greater than forty (40) hours or in any one day greater than eight (8) hours, they shall be compensated at the prevailing rate of wages for overtime.
Overtime calculation on a prevailing wage project
The overtime is calculated on the base rate only and then the fringe benefit rate is added to the adjusted figure:
Base rate: $30
Fringe benefit: $15
To calculate the overtime rate:
WORKING ON THE WEEKEND
The Rhode Island prevailing wage law does not provide different rates per trade for working on the weekend. The same rule for overtime is applied for working on the weekend. Please See above for overtime rule.
WORKING ON LEGAL HOLIDAYS
The Rhode Island prevailing wage law does provide different rates per trade for working on legal holidays.
Please call (401) 462-8550 for more information on which legal holidays receive compensation per trade.
SHIFT DIFFERENTIALS
Under Rhode Island prevailing wage law, workers do not receive different prevailing wage rates per trade for working different shifts. Same overtime rules are applied. Please See overtime rules above.
FRINGE BENEFITS
Under Rhode Island prevailing wage law, “fringe benefits” are identified as “fringes” for trade on the General Wage Decisions (Davis-Bacon wage determinations). An employer may deduct bona fide fringe benefits from that rate. If there are no bona fide fringe benefits given, the employer must pay the full amount (the base plus the fringe benefit amount) in the hourly pay rate.
The following are considered bona fide fringe benefits:
1) medical/hospital coverage
2) life insurance
3) disability insurance (not workers compensation)
4) pension/retirement/death
5) 401K
6) Apprentice costs (books, tuition)
7) Holiday pay
8) Sickness insurance
9) Vacation/personal time
10) Injuries/illnesses resulting from occupational activity
11) Insurance to provide unemployment benefits
12) Accident insurance
13) Defraying cost of apprenticeship or other similar programs
14) Other bona fide fringe benefits
The following are not bona fide fringe benefits:
1) state-mandated unemployment insurance
2) travel
3) gas reimbursement
4) company vehicle
5) uniforms
6) and discretionary bonuses
For the plan to be acceptable, the following stipulations must be met:
1) Contributions must be irrevocable and for the employee’s benefit
2) Contributions must be made regularly and at least on a quarterly basis
3) Contributions must not be required by law (e.g., taxes, workers compensation, social security, etc.)
4) Contributions made for fringe benefit plans for prevailing wage work may not be used to fund the plan for periods of non-prevailing wage work
5) The amount of contributions for fringe benefits must be made irrevocably to a trustee/third party.
If the fringe benefits are anticipated to be paid from general assets of the contractor (e.g., holiday, sick and vacation days, profit sharing), the contractor must set aside, in an escrow, the amount of money the contractor plans to claim as a fringe benefit credit for the prevailing wage project. For example, if a contractor wants to claim credit for the 10 paid holidays per year, the contractor must calculate the amount that will be paid (10 holidays x 8 hours x $10/hr = $800) and place those funds in an escrow amount. In the event that an employee leaves the company before the end of the calendar year and prior to the completion of the project, any remaining escrowed funds must be paid to the employee.
Please note, the allowable hourly credit must be determined separately and documented for each employee since the credit is based on figures that will usually vary for each individual, depending on their benefit contribution amount, type of benefits, hours worked, etc. Only the employer’s contribution toward a benefit may be used to calculate the allowable hourly credit.
TRAINING CONTRIBUTION
According to Rhode Island prevailing wage law, bona fide fringe benefits are deducted from a workers hourly rate of pay. If the contractor has an apprentice registered with the State of Rhode Island in a bona fide indentured apprenticeship program, they may take a deduction from the base wage rate. Thus, training contribution may be considered a bona fide fringe benefit and deducted from the base wage rate if the apprentice is registered in a bona fide indentured apprenticeship program.
APPRENTICE REQUIREMENTS
In Rhode Island, the company and apprentice must be registered with the State of Rhode Island Department of Labor and Training in a bona fide indentured apprenticeship program. If registered, the company may take a deduction from the base rate of the prevailing wage rate (Note—the required fringe may not be reduced) of the applicable prevailing wage classification. Moreover, this must be done according to the percentage scale of the Apprenticeship Agreement between the company and the apprentice that has been registered with the RI Department of Labor and Training.
If an employee is not registered under RIGL, then the employee must be paid full prevailing wage according to the general wage determinations (Davis-Bacon wage determinations) for the classification of work actually performed.
Please See, the following links for additional information on apprenticeship:
Apprentice rules and regulations
State Apprentice Equal Employment Opportunity Plan
Apprentice Forms
Apprentice registration agreement
Please Note—when submitting an Apprenticeship Agreement, please also submit the following items:
1) Apprentice Ratio form
2) Two passport-size photos
3) Proof of school enrollment
4) Check or money order ($24)
Incomplete forms or failure to submit any of the noted items will delay the processing of your application.
Apprentice registration agreement (SAMPLE)
Standards of apprenticeship
Standards of apprenticeship (SAMPLE)
Apprentice ratio form
Apprentice ratio form (SAMPLE)
Informational data sheet
Monthly record book
Quality review form
Checklist for new apprentices
State Apprenticeship Council approved related instruction providers
Benefits of apprenticeship fact sheet
A review of registered apprenticeship in Rhode Island
RI Apprenticeship Program Brochure
RI employers apprenticeship tax credit brochure
Licensed apprentice trade poster
Apprenticed trades poster
Apprentice Occupations
Apprentice look-up
TRAVEL & SUBSISTENCE
According to Rhode Island prevailing wage law, the following are not bona fide fringe benefits:
1) state mandated unemployment insurance
2) travel
3) gas reimbursement
4) company vehicle
5) uniforms
6) and discretionary bonuses
Thus, workers do not receive compensation for travel and subsistence.
CONTRACTOR LICENSING
In Rhode Island, some specialty trades must be licensed. To determine which contractors need licenses and the licensing requirements per trade, Please See http://www.dlt.ri.gov/profregs/ or call (401) 222-3601.
DUTIES OF CONTRACTORS
Use of certified weekly payroll forms
All contractors/subcontractors are required to use RI certified weekly payroll forms and the RI Statement of Compliance. Use of company payroll forms and other state forms is not acceptable. Federal forms may be used for the Department of Transportation projects only. However, when a complaint is being investigated by the RI Dept. of Labor and Training, the department will require the contractor under investigation to resubmit the requested payroll information on the RI Certified Weekly Payroll form for all hours worked on the DOT project being investigated.
Penalty
The RI Department of Labor and Training investigates any contractor awarded a contract from the RI DOT. In this case, the contractor must furnish the Department of Labor and Training a fully executed certified payroll on the RI Certified Weekly Payroll Form within ten days of request. All awarding authorities must furnish the Department of Labor and Training any requested certified payroll within ten days of request. The Department of Labor and Training may impose a penalty of up to $500 for each calendar day of noncompliance with this section.
Posting of prevailing wage rates
Each contractor/subcontractor who performs work on a public works project must post in conspicuous places on the project, where covered workers are employed, posters that contain the current, prevailing rate of wages and the current, prevailing rate of payments to the funds required to be paid for each craft or type of worker employed to execute the contract as set forth in §§ 37-13-6 and 37-13-7, and the rights and remedies of any employee described in § 37-13-17 for nonpayment of any wages earned pursuant to this chapter.
Penalty
A contractor/subcontractor who fails to comply with the provisions of this section is deemed guilty of a misdemeanor and must pay to the director of labor and training one hundred dollars ($100) for each calendar day of noncompliance as determined by him/her.
Wage records of contractors
Every contractor/subcontractor performing on a public works project valued over $1,000 must keep an accurate record showing the name, occupation, and actual wages paid to each worker employed by him/her and the payments to all the employee funds specified in §§ 37-13-6 and 37-13-7 by him/her in connection with the contract or work.
PENALTIES
Any employer that violates or fails to comply with any of the provisions of Chapter 25 is guilty of a misdemeanor and will be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in Chapter 25 constitutes a separate and distinct violation.
DEBARMENT
Pursuant to RIGL § 37-13-14.1(d), any person, firm, or corporation found in violation of any of the provisions of Chapter 25 by the director of labor and training, an awarding authority, or the hearing officer, is ineligible to bid on, or may not be awarded work by, an awarding authority or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or corporation is found to be in violation, all pending bids with any awarding authority will be revoked, and any bid awarded by an awarding authority before the commencement of the work will be revoked.
Under RIGL § 37-13-14.1(e), any person, firm, or corporation found to have committed two or more willful violations in any period of eighteen months of any of the provisions of Chapter 25 by the hearing officer, which violations are not arising from the same incident, is ineligible to bid on, or be awarded work by, an awarding authority or perform any work for a period of sixty months from the date of the second violation.
Please See, “Helpful Links” to view the “Debarment List.”
HELPFUL LINKS
Prevailing wage rules and regulations
Prevailing wage determinations
FAQ
Current wage determinations
Debarment List
Apprentice fringe advisory
Forms and publications
Certified weekly payroll and statement of compliance
Instructions for certified payrolls
Complaint form
OSHA 10 trainer list
Verification of SOS registration
Awarding authority for non-complaint contractors
General contractor apprentice certification
Contract addendum for state/quasi
Poster—Notice to employees (English)
Poster—Notice to employees (Spanish)
Prevailing wage brochure
Prevailing wage brochure (Spanish)
Apprenticeship Information
CONTACT INFORMATION
Mark Ryan (Prevailing Wage Investigator)
Rhode Island Department of Labor and Training
Workforce Regulation and Safety
Prevailing Wage Section
1511 Pontiac Avenue
Cranston, RI 02920-0943
Phone: (401) 462-8580
Fax: (401) 462-8528
Email: [email protected]; [email protected]
Apprentice Inquiries
Bernard E. Treml, III (Supervisor of Apprenticeship)
Rhode Island Department of Labor and Training
Workforce Regulation and Safety Apprenticeship
1511 Pontiac Avenue
Cranston, RI 02920-0943
Phone: (401) 462-8536
Email: [email protected]
Prevailing Wage means the per hour wages contractors are required to pay workers performing various and related trades on RI public works construction projects. Contractors must pay their workers the prevailing wage rate whenever state or municipal funds of $1000 or more are used on the public works construction project. Rhode Island General Law (RIGL) 37-13 mandates that any contractor who has been awarded a contract for a Public Works construction project over $1000.00 must pay the applicable prevailing wage rates. This includes any public work consisting of grading, cleaning, demolishing, improvement, completion, repair, alteration or construction of any public road or any bridge or portion thereof or any heavy construction or any public works projects of any nature or kind whatsoever.
THRESHOLD
The Rhode Island prevailing wage requirements refer to the prevailing rate of pay for regular, holiday, and overtime wages to be paid to each craftsmen, mechanic, teamster, laborer, or other type of worker performing work on public works projects when state or municipal funds exceed one thousand dollars ($1,000). However, if the contractor submits two or more services before the completion of the project and the monies accumulate to or exceed $1,000 of public funds, prevailing wages must be paid. If the overall cost of the project consists of $1,000 or more of public funds, a subcontractor must pay its employees the prevailing wage even if the contract between the general contractor and subcontractor is less than $1,000.
INCREASES
Contractors working on Rhode Island prevailing wage projects must adjust employees’ hourly rates every July 1 according to updated Davis-Bacon rates. Moreover, the trade rates may change at various times throughout the year. These rates may be obtained at the following website: www.wdol.gov/dba.aspx.
OVERTIME
If an employee works in any one week greater than forty (40) hours or in any one day greater than eight (8) hours, they shall be compensated at the prevailing rate of wages for overtime.
Overtime calculation on a prevailing wage project
The overtime is calculated on the base rate only and then the fringe benefit rate is added to the adjusted figure:
Base rate: $30
Fringe benefit: $15
To calculate the overtime rate:
- 30 x 1.5 = $45
- Plus fringe benefit = $15
- HOURLY OT RATE: $60
WORKING ON THE WEEKEND
The Rhode Island prevailing wage law does not provide different rates per trade for working on the weekend. The same rule for overtime is applied for working on the weekend. Please See above for overtime rule.
WORKING ON LEGAL HOLIDAYS
The Rhode Island prevailing wage law does provide different rates per trade for working on legal holidays.
Please call (401) 462-8550 for more information on which legal holidays receive compensation per trade.
SHIFT DIFFERENTIALS
Under Rhode Island prevailing wage law, workers do not receive different prevailing wage rates per trade for working different shifts. Same overtime rules are applied. Please See overtime rules above.
FRINGE BENEFITS
Under Rhode Island prevailing wage law, “fringe benefits” are identified as “fringes” for trade on the General Wage Decisions (Davis-Bacon wage determinations). An employer may deduct bona fide fringe benefits from that rate. If there are no bona fide fringe benefits given, the employer must pay the full amount (the base plus the fringe benefit amount) in the hourly pay rate.
The following are considered bona fide fringe benefits:
1) medical/hospital coverage
2) life insurance
3) disability insurance (not workers compensation)
4) pension/retirement/death
5) 401K
6) Apprentice costs (books, tuition)
7) Holiday pay
8) Sickness insurance
9) Vacation/personal time
10) Injuries/illnesses resulting from occupational activity
11) Insurance to provide unemployment benefits
12) Accident insurance
13) Defraying cost of apprenticeship or other similar programs
14) Other bona fide fringe benefits
The following are not bona fide fringe benefits:
1) state-mandated unemployment insurance
2) travel
3) gas reimbursement
4) company vehicle
5) uniforms
6) and discretionary bonuses
For the plan to be acceptable, the following stipulations must be met:
1) Contributions must be irrevocable and for the employee’s benefit
2) Contributions must be made regularly and at least on a quarterly basis
3) Contributions must not be required by law (e.g., taxes, workers compensation, social security, etc.)
4) Contributions made for fringe benefit plans for prevailing wage work may not be used to fund the plan for periods of non-prevailing wage work
5) The amount of contributions for fringe benefits must be made irrevocably to a trustee/third party.
If the fringe benefits are anticipated to be paid from general assets of the contractor (e.g., holiday, sick and vacation days, profit sharing), the contractor must set aside, in an escrow, the amount of money the contractor plans to claim as a fringe benefit credit for the prevailing wage project. For example, if a contractor wants to claim credit for the 10 paid holidays per year, the contractor must calculate the amount that will be paid (10 holidays x 8 hours x $10/hr = $800) and place those funds in an escrow amount. In the event that an employee leaves the company before the end of the calendar year and prior to the completion of the project, any remaining escrowed funds must be paid to the employee.
Please note, the allowable hourly credit must be determined separately and documented for each employee since the credit is based on figures that will usually vary for each individual, depending on their benefit contribution amount, type of benefits, hours worked, etc. Only the employer’s contribution toward a benefit may be used to calculate the allowable hourly credit.
TRAINING CONTRIBUTION
According to Rhode Island prevailing wage law, bona fide fringe benefits are deducted from a workers hourly rate of pay. If the contractor has an apprentice registered with the State of Rhode Island in a bona fide indentured apprenticeship program, they may take a deduction from the base wage rate. Thus, training contribution may be considered a bona fide fringe benefit and deducted from the base wage rate if the apprentice is registered in a bona fide indentured apprenticeship program.
APPRENTICE REQUIREMENTS
In Rhode Island, the company and apprentice must be registered with the State of Rhode Island Department of Labor and Training in a bona fide indentured apprenticeship program. If registered, the company may take a deduction from the base rate of the prevailing wage rate (Note—the required fringe may not be reduced) of the applicable prevailing wage classification. Moreover, this must be done according to the percentage scale of the Apprenticeship Agreement between the company and the apprentice that has been registered with the RI Department of Labor and Training.
If an employee is not registered under RIGL, then the employee must be paid full prevailing wage according to the general wage determinations (Davis-Bacon wage determinations) for the classification of work actually performed.
Please See, the following links for additional information on apprenticeship:
Apprentice rules and regulations
State Apprentice Equal Employment Opportunity Plan
Apprentice Forms
Apprentice registration agreement
Please Note—when submitting an Apprenticeship Agreement, please also submit the following items:
1) Apprentice Ratio form
2) Two passport-size photos
3) Proof of school enrollment
4) Check or money order ($24)
Incomplete forms or failure to submit any of the noted items will delay the processing of your application.
Apprentice registration agreement (SAMPLE)
Standards of apprenticeship
Standards of apprenticeship (SAMPLE)
Apprentice ratio form
Apprentice ratio form (SAMPLE)
Informational data sheet
Monthly record book
Quality review form
Checklist for new apprentices
State Apprenticeship Council approved related instruction providers
Benefits of apprenticeship fact sheet
A review of registered apprenticeship in Rhode Island
RI Apprenticeship Program Brochure
RI employers apprenticeship tax credit brochure
Licensed apprentice trade poster
Apprenticed trades poster
Apprentice Occupations
Apprentice look-up
TRAVEL & SUBSISTENCE
According to Rhode Island prevailing wage law, the following are not bona fide fringe benefits:
1) state mandated unemployment insurance
2) travel
3) gas reimbursement
4) company vehicle
5) uniforms
6) and discretionary bonuses
Thus, workers do not receive compensation for travel and subsistence.
CONTRACTOR LICENSING
In Rhode Island, some specialty trades must be licensed. To determine which contractors need licenses and the licensing requirements per trade, Please See http://www.dlt.ri.gov/profregs/ or call (401) 222-3601.
- To check if a residential contractor/commercial roofer is licensed by the RI Contractors’ Registration Board, Please Call (401) 222-1268.
- To check if an electrician, plumber, or mechanical contractor is licensed, Please Call (401) 462-8526.
- To check if someone is licensed to do asbestos abatement work, Please Call (401) 222-3601.
DUTIES OF CONTRACTORS
Use of certified weekly payroll forms
All contractors/subcontractors are required to use RI certified weekly payroll forms and the RI Statement of Compliance. Use of company payroll forms and other state forms is not acceptable. Federal forms may be used for the Department of Transportation projects only. However, when a complaint is being investigated by the RI Dept. of Labor and Training, the department will require the contractor under investigation to resubmit the requested payroll information on the RI Certified Weekly Payroll form for all hours worked on the DOT project being investigated.
Penalty
The RI Department of Labor and Training investigates any contractor awarded a contract from the RI DOT. In this case, the contractor must furnish the Department of Labor and Training a fully executed certified payroll on the RI Certified Weekly Payroll Form within ten days of request. All awarding authorities must furnish the Department of Labor and Training any requested certified payroll within ten days of request. The Department of Labor and Training may impose a penalty of up to $500 for each calendar day of noncompliance with this section.
Posting of prevailing wage rates
Each contractor/subcontractor who performs work on a public works project must post in conspicuous places on the project, where covered workers are employed, posters that contain the current, prevailing rate of wages and the current, prevailing rate of payments to the funds required to be paid for each craft or type of worker employed to execute the contract as set forth in §§ 37-13-6 and 37-13-7, and the rights and remedies of any employee described in § 37-13-17 for nonpayment of any wages earned pursuant to this chapter.
Penalty
A contractor/subcontractor who fails to comply with the provisions of this section is deemed guilty of a misdemeanor and must pay to the director of labor and training one hundred dollars ($100) for each calendar day of noncompliance as determined by him/her.
Wage records of contractors
Every contractor/subcontractor performing on a public works project valued over $1,000 must keep an accurate record showing the name, occupation, and actual wages paid to each worker employed by him/her and the payments to all the employee funds specified in §§ 37-13-6 and 37-13-7 by him/her in connection with the contract or work.
PENALTIES
Any employer that violates or fails to comply with any of the provisions of Chapter 25 is guilty of a misdemeanor and will be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and imprisonment. Each day of failure to pay wages due an employee at the time specified in Chapter 25 constitutes a separate and distinct violation.
DEBARMENT
Pursuant to RIGL § 37-13-14.1(d), any person, firm, or corporation found in violation of any of the provisions of Chapter 25 by the director of labor and training, an awarding authority, or the hearing officer, is ineligible to bid on, or may not be awarded work by, an awarding authority or perform any such work for a period of no less than eighteen (18) months and no more than thirty-six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or corporation is found to be in violation, all pending bids with any awarding authority will be revoked, and any bid awarded by an awarding authority before the commencement of the work will be revoked.
Under RIGL § 37-13-14.1(e), any person, firm, or corporation found to have committed two or more willful violations in any period of eighteen months of any of the provisions of Chapter 25 by the hearing officer, which violations are not arising from the same incident, is ineligible to bid on, or be awarded work by, an awarding authority or perform any work for a period of sixty months from the date of the second violation.
Please See, “Helpful Links” to view the “Debarment List.”
HELPFUL LINKS
Prevailing wage rules and regulations
Prevailing wage determinations
FAQ
Current wage determinations
Debarment List
Apprentice fringe advisory
Forms and publications
Certified weekly payroll and statement of compliance
Instructions for certified payrolls
Complaint form
OSHA 10 trainer list
Verification of SOS registration
Awarding authority for non-complaint contractors
General contractor apprentice certification
Contract addendum for state/quasi
Poster—Notice to employees (English)
Poster—Notice to employees (Spanish)
Prevailing wage brochure
Prevailing wage brochure (Spanish)
Apprenticeship Information
CONTACT INFORMATION
Mark Ryan (Prevailing Wage Investigator)
Rhode Island Department of Labor and Training
Workforce Regulation and Safety
Prevailing Wage Section
1511 Pontiac Avenue
Cranston, RI 02920-0943
Phone: (401) 462-8580
Fax: (401) 462-8528
Email: [email protected]; [email protected]
Apprentice Inquiries
Bernard E. Treml, III (Supervisor of Apprenticeship)
Rhode Island Department of Labor and Training
Workforce Regulation and Safety Apprenticeship
1511 Pontiac Avenue
Cranston, RI 02920-0943
Phone: (401) 462-8536
Email: [email protected]