Determination of hourly rate, certification
When the government sets pay rates for workers on public projects, those rates get filed officially. People who disagree with the rates have 30 days to object in writing. If nobody objects, the rates become final. If someone does object, a hearing is held within 60 days. After the hearing, the department makes a final decision within 20 days. That final decision can be appealed through a separate review process. Pay rates can also be updated once a year if a union contract sets new wage increases. Before work starts on a public project, the public body hiring workers must tell the department what kind of work is being done and when it starts.
290.262. of hourly rate, — objections, s — — notice to by , when. — 1. A of any initial wage determinations made section 290.257 shall be filed immediately with the and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the .
2. At any time within thirty days after the of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to a determination or a part thereof that he or she deems objectionable by filing a written notice with the department, stating the specific grounds of the objection. If no objection is filed, the determination is after thirty days.
3. After the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing.
4. The department at its may hear each written objection separately or for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The department, or the objector, or any , thereafter may introduce any evidence that is to the issues.
5. Within twenty days of the conclusion of the hearing, the department shall on the written objection and make the final determination that it believes the evidence . Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by or by .
6. This final decision of the department of the s in the for each is subject to in accordance with the of . Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a of the final determination on persons not participating in the resulting in the final determination.
7. At any time before trial any person affected by the final determination of the department may in the proceedings to review under chapter 536 and be made a to the proceedings.
8. Any made for a particular occupational title in a locality, that is based on the number of hours worked under a , may be altered once each year, as provided in this . The prevailing wage for each such occupational title may be adjusted on the anniversary date of any collective bargaining agreement which covers all persons in that particular occupational title in the locality in accordance with any annual incremental wage increases set in the collective bargaining agreement. If the prevailing wage for an occupational title is adjusted pursuant to this subsection, the employee's or employer in regard to such collective bargaining agreement shall notify the department of this adjustment, including the of the adjustment. The adjusted prevailing wage shall be in effect until the next final annual wage order is issued pursuant to this section. The wage rates for any particular job, and commenced within sixty days of the contract date, which were set as a result of the annual or revised wage , shall remain in effect for the duration of that particular job.
9. In addition to all other reporting requirements of sections 290.210 to 290.340, each public body which is awarding a contract for a shall, prior to beginning of any work on such public works project, notify the department, on a form prescribed by the department, of the scope of the work to be done, the various types of craftsmen who will be needed on the project, and the date work will commence on the project.
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Source & history notes
(L. 1993 H.B. 638, A.L. 2013 H.B. 34, A.L. 2018 H.B. 1729, et al.)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.