Wyoming Prevailing Wage Information
GENERAL INFORMATION
The State of Wyoming established its own prevailing wage regulations in the “Wyoming Prevailing Wage Act of 1967” (WPWA) (WS 27-4-401 to 27-4-413). Prevailing wage determinations are created after surveying contractors and unions both within and outside the State, and they establish the rate that is paid most often (prevailing) for each given trade classification.
The total hourly prevailing wage rate is comprised of the base wage rate plus the customary fringe benefit costs paid on behalf of workers engaged in work of a similar character.
THRESHOLD
The WPWA applies to construction projects estimated to cost $100,000 or more. The term “Construction” includes construction, reconstruction, improvement, enlargement, alteration or repair of any public improvement. Please Note, the WPWA indicates that the threshold requirement for construction projects is $25,000 or more, but the statute has changed since, and the new threshold amount is $100,000.
INCREASES
Increases occur whenever the reported wages paid reflect such an increase and either the prevailing or weighted average wage rate is then greater than that of the preceding year. There are no annual increases unless sufficient data for the classification has not been provided. In this case, the following formula is applied:
WCLI = Wyoming’s current labor index
WCLI (current year)
WCLI (previous year) x 100
OVERTIME
According to state law (WS 16-6-110), time and one-half overtime payment is required for all laborers, workmen, or mechanics employed upon any public works project of the state of Wyoming, or of any county, city, town, or of any political subdivision thereof for work in excess of eight hours in a day, or 40 hours in one week; however, an employee may agree to work more than 8 hours in a day or more than 40 hours in any week, provided the employee shall be paid at the rate of one and one-half times the regularly established hourly rate from all work in excess of forty hours in any one week.
WORKING ON WEEKENDS
The WPWA does not require payment of different rates of pay per trade for working on the weekend. Thus, the same overtime rate of pay of 1.5 times the base hourly rate of pay is enforced for working more than forty hours in a given workweek. Please See, “Overtime” section above.
WORKING ON LEGAL HOLIDAYS
The WPWA does require payment of different wage rates for working on legal holidays.
SHIFT DIFFERENTIALS
The WPWA does require payment of different wages per trade for employment during different times throughout the day. However, if an agreement was made in a CBA between an employer and employee regarding payment of different rates for working different shifts, then the CBA is enforceable.
FRINGE BENEFITS
“Fringe Benefits” is defined as the usual and customary benefits paid to workman in addition to the basic hourly rate of wages.
The prevailing hourly rate of wages must include the following bona fide fringe benefits:
1) medical and dental payments or hospital care
2) pensions on retirement or death
3) disability benefits and life insurance
4) vacation and holiday pay
5) apprenticeship or other US Bureau of Apprenticeship and Training approved training program or as approved by DOT and federal highway administration
6) Annuity or other 401K plans
TRAINING CONTRIBUTION
The WPWA does not require payment of training contribution. However, training contribution may be eligible and calculated into a fringe benefit.
APPRENTICE REQUIREMENTS
Apprentices must be registered in a training/apprenticeship program approved by the US DOL or training program approved by the DOT and federal highway administration.
Registered/approved training/apprenticeship programs are paid as follows:
1) during the first half of the training period at a rate not less than 60% of the appropriate minimum journeyman’s wage rate specified within the employment contract;
2) during the period commencing upon completion of the first half of the training program and ending upon completion of 75% of the program at a rate not less than 75% of the appropriate minimum journeyman’s wage rate specified within the employment contract
3) during the remaining portion and until completion of the training program, at a rate not less than 90% of the appropriate minimum journeyman’s wage rate specified in the employment contract
TRAVEL AND SUBSISTENCE
The WPWA contains no provision requiring payment for travel and subsistence. However, if the CBA requires payment for travel and subsistence, then this may be enforced.
CONTRACTOR LICENSING
The Labor Standards Division does not require or issue contractor licenses. All contractors (except electrical) are licensed at the local (city/county) level. All Wyoming resident contractors (involved in construction, alteration, creation or repair) can apply for certification to receive a five percent bid preference on public works construction projects. The affidavit must be completed and notarized and documents submitted per the instructions for the type of company. No residency preferences will be granted to any contractor that has not been certified as a resident contractor by the Labor Standards Division.
To check whether and electrician holds a license in the State of Wyoming, please call (307) 777-7288 or visit http://www.contractors-license.org/wy/wy.htm
DUTIES OF CONTRACTORS
The contractor and each subcontractor or the officer of the public body in charge of the project shall keep an accurate record showing the names and occupations of all workmen employed by them, in connection with the public work, and showing also the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the director or the public body awarding the contract, its officers and agents.
PENALTIES
Any officer, agent or representative of any public body who willfully violates, or omits to comply with any of the provisions of the WPWA, and any contractor or subcontractor, or agent or representative thereof, doing public work who intentionally or willfully neglects to keep an accurate record of the names, occupation and actual wages paid to each workman employed by him, in connection with the public work, or who intentionally or willfully refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this act, or who intentionally or willfully has failed to pay the prevailing hourly rate of wages, will be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment when convicted by a court of competent jurisdiction.
DEBARMENT
Currently, the WPWA does not include a debarment provision and the Wyoming Department of Workforce Services does not maintain a debarment list.
HELPFUL LINKS
Wyoming Prevailing Wage Act (Title 27, Chapter 4, Article 1, §401 - 413)
Rules of practice and procedure for computing and determining Wyoming’s prevailing wage rates
2015 heavy, highway, and building construction prevailing wages (effective March 4, 2015)
Heavy highway survey codes
Old heavy, highway, and building construction prevailing wages
Wage claim form
Employment agency bond form
General intake questionnaire
Americans with Disabilities intake form
Downloadable labor law posters
Wyoming specific downloadable posters
Family Medical Leave Act changes to regulations
CONTACT INFORMATION
Cheri Doak (Deputy Administrator)
Department of Workforce Services, State of Wyoming
Labor Standards Division (Main Office)
1510 East Pershing Blvd., West Wing, Number 150
Cheyenne, WY 82001
Phone: (307) 777-7261
Fax: (307) 777-5633
Labor Standards (field office)
851 Werner Court, #121
Casper, WY 82601
Phone: (307) 235-3679
Fax: (307) 235-3688
The State of Wyoming established its own prevailing wage regulations in the “Wyoming Prevailing Wage Act of 1967” (WPWA) (WS 27-4-401 to 27-4-413). Prevailing wage determinations are created after surveying contractors and unions both within and outside the State, and they establish the rate that is paid most often (prevailing) for each given trade classification.
The total hourly prevailing wage rate is comprised of the base wage rate plus the customary fringe benefit costs paid on behalf of workers engaged in work of a similar character.
THRESHOLD
The WPWA applies to construction projects estimated to cost $100,000 or more. The term “Construction” includes construction, reconstruction, improvement, enlargement, alteration or repair of any public improvement. Please Note, the WPWA indicates that the threshold requirement for construction projects is $25,000 or more, but the statute has changed since, and the new threshold amount is $100,000.
INCREASES
Increases occur whenever the reported wages paid reflect such an increase and either the prevailing or weighted average wage rate is then greater than that of the preceding year. There are no annual increases unless sufficient data for the classification has not been provided. In this case, the following formula is applied:
WCLI = Wyoming’s current labor index
WCLI (current year)
WCLI (previous year) x 100
OVERTIME
According to state law (WS 16-6-110), time and one-half overtime payment is required for all laborers, workmen, or mechanics employed upon any public works project of the state of Wyoming, or of any county, city, town, or of any political subdivision thereof for work in excess of eight hours in a day, or 40 hours in one week; however, an employee may agree to work more than 8 hours in a day or more than 40 hours in any week, provided the employee shall be paid at the rate of one and one-half times the regularly established hourly rate from all work in excess of forty hours in any one week.
WORKING ON WEEKENDS
The WPWA does not require payment of different rates of pay per trade for working on the weekend. Thus, the same overtime rate of pay of 1.5 times the base hourly rate of pay is enforced for working more than forty hours in a given workweek. Please See, “Overtime” section above.
WORKING ON LEGAL HOLIDAYS
The WPWA does require payment of different wage rates for working on legal holidays.
SHIFT DIFFERENTIALS
The WPWA does require payment of different wages per trade for employment during different times throughout the day. However, if an agreement was made in a CBA between an employer and employee regarding payment of different rates for working different shifts, then the CBA is enforceable.
FRINGE BENEFITS
“Fringe Benefits” is defined as the usual and customary benefits paid to workman in addition to the basic hourly rate of wages.
The prevailing hourly rate of wages must include the following bona fide fringe benefits:
1) medical and dental payments or hospital care
2) pensions on retirement or death
3) disability benefits and life insurance
4) vacation and holiday pay
5) apprenticeship or other US Bureau of Apprenticeship and Training approved training program or as approved by DOT and federal highway administration
6) Annuity or other 401K plans
TRAINING CONTRIBUTION
The WPWA does not require payment of training contribution. However, training contribution may be eligible and calculated into a fringe benefit.
APPRENTICE REQUIREMENTS
Apprentices must be registered in a training/apprenticeship program approved by the US DOL or training program approved by the DOT and federal highway administration.
Registered/approved training/apprenticeship programs are paid as follows:
1) during the first half of the training period at a rate not less than 60% of the appropriate minimum journeyman’s wage rate specified within the employment contract;
2) during the period commencing upon completion of the first half of the training program and ending upon completion of 75% of the program at a rate not less than 75% of the appropriate minimum journeyman’s wage rate specified within the employment contract
3) during the remaining portion and until completion of the training program, at a rate not less than 90% of the appropriate minimum journeyman’s wage rate specified in the employment contract
TRAVEL AND SUBSISTENCE
The WPWA contains no provision requiring payment for travel and subsistence. However, if the CBA requires payment for travel and subsistence, then this may be enforced.
CONTRACTOR LICENSING
The Labor Standards Division does not require or issue contractor licenses. All contractors (except electrical) are licensed at the local (city/county) level. All Wyoming resident contractors (involved in construction, alteration, creation or repair) can apply for certification to receive a five percent bid preference on public works construction projects. The affidavit must be completed and notarized and documents submitted per the instructions for the type of company. No residency preferences will be granted to any contractor that has not been certified as a resident contractor by the Labor Standards Division.
To check whether and electrician holds a license in the State of Wyoming, please call (307) 777-7288 or visit http://www.contractors-license.org/wy/wy.htm
DUTIES OF CONTRACTORS
The contractor and each subcontractor or the officer of the public body in charge of the project shall keep an accurate record showing the names and occupations of all workmen employed by them, in connection with the public work, and showing also the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the director or the public body awarding the contract, its officers and agents.
PENALTIES
Any officer, agent or representative of any public body who willfully violates, or omits to comply with any of the provisions of the WPWA, and any contractor or subcontractor, or agent or representative thereof, doing public work who intentionally or willfully neglects to keep an accurate record of the names, occupation and actual wages paid to each workman employed by him, in connection with the public work, or who intentionally or willfully refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this act, or who intentionally or willfully has failed to pay the prevailing hourly rate of wages, will be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six months, or by both such fine and imprisonment when convicted by a court of competent jurisdiction.
DEBARMENT
Currently, the WPWA does not include a debarment provision and the Wyoming Department of Workforce Services does not maintain a debarment list.
HELPFUL LINKS
Wyoming Prevailing Wage Act (Title 27, Chapter 4, Article 1, §401 - 413)
Rules of practice and procedure for computing and determining Wyoming’s prevailing wage rates
2015 heavy, highway, and building construction prevailing wages (effective March 4, 2015)
Heavy highway survey codes
Old heavy, highway, and building construction prevailing wages
Wage claim form
Employment agency bond form
General intake questionnaire
Americans with Disabilities intake form
Downloadable labor law posters
Wyoming specific downloadable posters
Family Medical Leave Act changes to regulations
CONTACT INFORMATION
Cheri Doak (Deputy Administrator)
Department of Workforce Services, State of Wyoming
Labor Standards Division (Main Office)
1510 East Pershing Blvd., West Wing, Number 150
Cheyenne, WY 82001
Phone: (307) 777-7261
Fax: (307) 777-5633
Labor Standards (field office)
851 Werner Court, #121
Casper, WY 82601
Phone: (307) 235-3679
Fax: (307) 235-3688
