Summary of Connecticut's Prevailing Wage Law
wage law is codified in Connecticut General Statutes Section
Section 31-53 and
31-53a. The law applies to each
contract for the construction, remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public works project by the
State or its agents, or by any political subdivision of the State.
Conn. Gen. Stat. Section
31-53(g) provides monetary
thresholds which must be met before the law is applicable. The
prevailing wage law does not apply where the total cost of all work to be
performed by all contractors and subcontractors in connection with new
construction of a public works project is less than four hundred thousand
($400,000) dollars. The prevailing wages law does not apply in
connection with remodeling, refinishing, refurbishing, rehabilitation,
alteration or repair of any public works project under one hundred thousand
Rate: The prevailing rate consists of a base
rate and a fringe benefit rate which may be paid in cash or benefits.
Conn. Gen. Stat. Section
31-53(d) permits the Labor
Commissioner to adopt and use the prevailing wage rate determinations as
have been made by the Secretary of Labor of the United States under the
provisions of the Davis-Bacon Act, as amended. The agent empowered
to let such contract shall contact the Labor Commissioner at least ten, but
not more than twenty days, prior to the date such contracts will be
advertised for bid, to ascertain the proper prevailing rate.
Connecticut General Statutes,
31-55a the rates will be adjusted annually on or before July 1st of each
year. These new rates will be on the Department of Labor website.
Both the Contractor and the Contracting Agent must provide
certifications to the Labor Commissioner. Prior to the award of any
contract subject to the prevailing wage law, the contracting agent shall
certify in writing to the Labor Commissioner the total dollar amount of work
to be done in connection with the public works project, regardless of
whether such project consists of one or more contracts. Upon the award
of a contract subject to the prevailing wage law, the contractor who is
awarded the contract shall also certify, under oath, to the Labor
Commissioner the pay scale to be used by the contractor and any of his
subcontractors for the work to be performed under the contract.
Additionally, each employer subject to the prevailing wage law must file
certified payrolls with the contracting agent including information,
including but not limited to, employee names; occupations; hours worked;
rates paid; and the employers compliance with various provisions of law.
There are various civil, criminal and administrative penalties for
violations of the prevailing wage law. Failure to pay the prevailing
rate is a crime which may be a felony depending upon the amount of unpaid
wages. Knowingly filing a false certified payroll or failure to file a
certified payroll is a Class D felony for which an employer may be fined up
to five thousand dollars, imprisoned for up to five years, or both.
Disregarding obligations under Conn. Gen. Stat. Section
31-53 may result in an administrative
debarment which may preclude any firm, corporation, partnership or
association in which such person or firms have an interest from receiving an
award of a contract until a period of up to three years have elapsed.
Additionally, civil penalties of $300 per violation of law may also be
assessed upon the employer.
Effective October 1, 2005,
Public Act 05-50: Any person performing the work of any mechanic, laborer,
or worker shall be paid prevailing wages ~~
All persons who perform
work on site must be paid prevailing wage for the appropriate mechanic,
laborer, or worker classification;
All certified payrolls must
list the hours worked and wages paid to all persons who perform work on site
regardless of their ownership, i.e.: (Owners, corporate officers, LLC
members, independent contractors, et. al);
Reporting and payment of
wages is required regardless of any contractual relationship alleged to
exist between the contractor and such person.
For additional information
Wage and Workplace Standards Division
Public Contract Compliance
200 Folly Brook Boulevard, Wethersfield, CT 06109 / Phone: 860-263-6000
State of Connecticut