as introduced - 86th Legislature (2009 - 2010) Posted on 05/06/2010 08:36am
A bill for an act
relating to employment; modifying prevailing hours of labor requirements;
amending Minnesota Statutes 2008, section 177.42, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 177.42, subdivision 4, is amended to read:
new text begin (a) new text end "Prevailing hours of labor" means the hours
of labor per day and per week worked within the area by a larger number of workers of the
same class than are employed within the area for any other number of hours per day and
per week. The prevailing hours of labor may not be more than eight hours per day or more
than 40 hours per weeknew text begin , except as provided in paragraph (b)new text end .
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(b) When all of the following conditions exist, the prevailing hours of labor may not
be more than ten hours per day or more than 40 hours per week:
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(1) the project must be highway and heavy construction, as defined by Minnesota
Rules, part 5200.1010;
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(2) the project area must not be within the seven-county metropolitan area as defined
under section 473.121; and
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(3) the commissioner of labor and industry must verify during certifying the
prevailing hours of labor for a class of workers that all collective bargaining agreements
in effect that apply to the particular class of workers include adoption of this paragraph,
either by reference or in substance.
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The Department of Labor and
Industry must investigate and verify whether collective bargaining agreements that apply
to highway and heavy construction labor classes provide for hours of labor described
in Minnesota Statutes, section 177.42, subdivision 4, paragraph (b). The investigation
and verification is not a survey under Minnesota Rules, part 5200.1050, and the notice
provisions of that part do not apply.
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After conducting the verification required by subdivision 1, and to the extent
the department determines that the conditions of Minnesota Statutes, section 177.42,
subdivision 4, paragraph (b), exist, the department must amend the prevailing hours of
labor accordingly.
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The department may amend the prevailing
hours of labor without the need for a public hearing under Minnesota Statutes, section
177.44, or Minnesota Rules, part 5200.1020.
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The
department must publish notice of the amended prevailing hours of labor in the same
manner as notice is required for wage determinations under Minnesota Rules, part
5200.1080. The effective date of the amended prevailing hours of labor coincides with
the date published in the State Register.
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The amended prevailing hours
of labor required by this section only apply to projects or contracts that are advertised after
the effective date of the amended prevailing hours of labor, and they have no effect on
projects or contracts that are underway, open for bids, or advertised before that date.
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The department must comply
with all requirements of this section within 60 calendar days after the effective date of
this section.
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Sections 1 and 2 are effective the day following final enactment.
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