The 2017-2019 Wisconsin State Budget (2017 Wisconsin Act 59) repealed Wisconsin’s prevailing wage laws. Effective September 23, 2017, state prevailing wage requirements on state funded highway projects no longer apply for projects advertised for bid after September 23, 2017. This change does not affect any projects that were advertised for bid prior to the repeal. This change does not affect the Federal Davis Bacon Act requirements for federal funded projects. The federal Davis-Bacon Act (40 U.S. Code sections 3141-3148) and related acts and federal regulations apply to projects with federal funding.
Contractor violations of prevailing wage and other labor laws may result in suspension or debarment, which are actions that prevent contractors from entering into contracts for WisDOT projects for a period of time. The rules for suspension and debarment are in
Chapter Trans 504, Wisconsin Administrative Code.
New Guide to recent changes in WisDOT Prevailing Wage Laws
Prevailing wage rates are Prevailing wage
rates will be as determined by the U.S. Department of Labor 40 U.S.C. 3142 for
publication in the applicable project bidding documents. To
determine the applicable wage rate, search by county and associated trades.
Prevailing wage laws have special application in the following trades and crafts
- For Projects let prior to February, 2017 - Night work premium for heavy equipment operators.
- Add $1.50/hour night work premium from 6 p.m. to 6 a.m. for all hours worked during that period when all of the following conditions are met: a) WisDOT project special provisions state that work cannot be performed 6 a.m. to 6 p.m. or if project special provisions state that work must be performed outside these times, b) Involves traffic control changes necessary to allow for work during the night period, such as closure of lanes or shoulders, c) Shift begins after 3 p.m. (for shifts worked at night) or before 3 a.m. (for shifts worked in the morning).
- For Projects let prior to February, 2017 - Night work premium may also be required for other classifications such as Cement Finisher, Articulated, Euclid, Dumptor, and Off Road Material Handler, General Laborer, Landscaper, and Flagperson or Traffic Control Person. Please see the Highway Work Proposal, Annual Prevailing Wage Rate Determination, for more information.
Employees who believe they have not received prevailing wage on state projects may contact the labor compliance specialist in their region. An investigation may begin if an employee submits to a labor compliance specialist a complete, signed Wages Claim Form. Complainant identities are kept confidential.
More information relating to prevailing wage