WisDOT let projects contain prevailing Benefits your employer can provide as Personal deductions need your written When prevailing wage applies to truckers wage rates ONLY if federally funded part of your wage permission As of September, 2017, there is no longer a The prevailing wage includes rates for benefits, such Any deduction, other than those required by law, Prevailing Wages Required Wisconsin state prevailing wage law. If the as health insurance, pension, vacation, and holidays. requires your written permission. Any deduction that WisDOT project is funded with state funds only, The actual benefits you receive can include other benefits your employer, rather than you, is unlawful.  Hauls from a Dedicated AND Virtually Adjacent no prevailing wage law applies and there are no legitimate benefits such as life insurance, disability, Source (round trip) prevailing wage rates. If the project has federal accident insurance, etc. Not included as benefits are All wages and cash benefits for workers funding, then federal law requires that the wage payments to the Transportation Education Fund must be paid weekly  Hauling material or supplies from one location on (TEF), payments for food, lodging, or mileage; rates certified as prevailing in the geographic area All workers on WisDOT let construction projects the site of work to another location on the site of unemployment compensation; workers’ of a WisDOT let construction project be paid to performing covered work must be paid weekly. compensation; or similar benefits. When providing all workers doing labor on the site of the project. The driving portion of a truck driver’s payment must benefits, your employer must inform you in writing  Time spent loading/unloading materials on the site These wages, contained in each construction be computed at the hourly rate for truck driving. contract, are known as the “prevailing wage” or when you are eligible and should tell you how you can of work if such time is more than de minimis “white sheet” wages. obtain more information on how to use the benefits. Am I an employee or an independent  Excavated material or spoil hauled to a site indicated contractor (owner/operator)? in contract (round trip) Most workers entitled to receive Effect of benefits on your “take-home” pay prevailing wage Red flags are raised when a truck driver does not own The benefit rate is added to the contract base hourly their truck and leases a truck to work for a broker/ Workers who work in classifications covered rate to determine the “straight-time total package” for subcontractor/contractor. Some of the flags are: No Prevailing Wages Required under the contract must be paid the prevailing the classification. The “overtime total package” is wage. The types of classifications include truck one and a half times the contract base rate or your  You are asked to complete an IRS W-9, Request  Hauls from a Non-Dedicated Source drivers, landscapers, traffic control, laborers, base hourly rate if higher, plus the hourly fringe for Taxpayer Id Number and Certification  Time spent loading/unloading materials on the site operating engineers, consultant engineering staff benefit rate.  You are asked to purchase Workers’ who perform manual labor, etc. Work that is Compensation Insurance of work if such time is de minimis or less administrative, clerical, technical, or supervisory is Your employer has the choice to pay the total  You are told where to park the truck at night  Delivery of materials by employees of a bona fide NOT covered by prevailing wages, although, package rates entirely on your paycheck as a cash benefit or they can pay part to union benefit  You are told where to work material supplier supervisors and others must be paid the prevailing  You work for a “fixed” amount or “hourly” rate wage for any time spent working in a covered funds or other legitimate benefit funds. Your base  You are not free to work where you want  Excavated material or spoil hauled off site of work classification and be included in the weekly hourly rate of pay or your benefit package may vary; submitted payrolls. however, your “total package” should at least equal  You are not free to work when you want prevailing wage. Bona fide fund benefits must be  You do not pay for fuel, maintenance, or repair deposited no less than quarterly to the employee’s of the truck Questions about whether a source is dedicated or Wage rates posted on project site account.  You do not find your own work not can be directed to WisDOT project staff or the

 You do not advertise your services to the public WisDOT Labor Compliance Specialist for the Wages vary depending on type of work, county Overtime on WisDOT contracts where work is performed, and date the contract  You have very little investment in your business geographic area. was let. According to federal law, prevailing Wisconsin state overtime law applies to all hours  You cannot realize a profit or loss based on how WisDOT trucking guidelines on projects let prior to wage rates must be posted on the project site. worked in excess of 40 in the workweek. Wis. Stat. you manage your business September of 2017 are located here: Job postings are usually on a board near the 103.01-03. http://wisconsindot.gov/Pages/doing-bus/civil- project’s field office. The prime contractor’s This list does not include everything needed to make rights/labornwage/trckng.aspx. project manager or WisDOT staff can direct you a determination concerning your employment to the wage board. relationship.

WisDOT Regional Labor Compliance Specialists

Southwest Region Have I received Penalties for not paying full wage How to file a wage claim Madison office (Columbia, Dane, Dodge, Green, Iowa, Jefferson, Juneau, Lafayette, Rock and Sauk counties) Any employer found guilty of violating the wage laws All claims must be in writing, therefore a “Wages 2101 Wright St., Madison, WI 53704 my full wage may be fined and convicted of a felony for each Claim” form will be sent to you by the Labor (608) 242-8040 Fax: (608) 243-3380 offense. Each day is a separate offense. If an Compliance Specialist. The completed form must employer requires an employee to give back be returned with copies of any records that support La Crosse office (Crawford, Grant, La Crosse, Monroe, and benefits? Richland, and Vernon counties) (“kick-back”) any part of the wage, the employer your claim. If you have no proof for your claim, it 3550 Mormon Coulee Road, La Crosse, WI 54601 can be fined and convicted of a felony. may be impossible to resolve it. (608) 785-9051 Fax: (608) 785-9969

I-39/90 and Verona Road Mega Project Records every worker should keep Employer retaliation is prohibited 111 Interstate Blvd., Edgerton, WI 53534 (608) 884-1178 Fax: (608) 221-6627 Fill out your time sheet to accurately show the work Employees who have filed complaints or provided you did and the hours you worked; employers can’t information cannot be discriminated against or Southeast Region (Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha counties) pay you correctly without this information. In discharged on account of such activity. If adverse Note: Due to prevailing law changes in 141 N.W. Barstow, P.O. Box 798 January of 2017 and September of 2017, addition, keep your own written record of this action is taken against an employee for engaging in Waukesha, WI 53187-0798 information. Each day, write down: the hours you protected activity, the affected employee or the US (262) 521-5358 Fax: (262) 548-5906 prevailing wage requirements will vary worked at each job classification; project information Department of Labor may file suit for relief, depending on the date on which the (highway, county, WisDOT project number, including reinstatement to his/her job, payment of North/South Mega Project Wisconsin Department of Transportation (262) 521-5337 Fax: (262) 548-5906 (WisDOT) project was let. construction zone limits); and prime contractor. Keep lost wages, and damages. copies of any other records that could be used to Zoo Interchange Mega Project determine any wage claim, such as check stubs, trip (262) 548-5923 or (262) 521-5337 Fax: (262) 548-5906 Additional information: Wage and Equal Employment Opportunity http://wisconsindot.gov/Pages/doing-bus/ tickets, and time sheets. (EEO) Interviews Northwest Region (Ashland, Barron, Bayfield, Buffalo, civil-rights/labornwage/prevailing-wage- Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, compliance.aspx. What to do if you are not being paid Employees and representatives of WisDOT are Jackson, Pepin, Pierce, Polk, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, and Washburn counties) the prevailing wage authorized to interview contractor employees on projects. Any others who contact you for the 1701 N. 4th Street, Superior, WI 54880 (715) 392-7977 Fax: (715) 394-2340 First, ask your employer for an explanation. If you purpose of investigating compliance shall provide a can’t resolve it with your employer, contact the Labor written statement stating the person is not affiliated Northeast Region (Brown, Calumet, Door, Fond du Lac, Compliance Specialist for the region where the work with WisDOT and disclose the principal source of Kewaunee, Manitowoc, Marinette, Oconto, Outagamie, was performed. Action can be taken only for work on funding Workers who are interviewed should not Sheboygan, and Winnebago counties) 944 Vanderperren Way, Green Bay, WI 54304 WisDOT projects. fear retaliation for participating in wage and EEO (920) 492-5728 Fax: (920) 492-0144 interviews. Claims are confidential WIS 441 Mega Project (920) 492-5657 Fax: (920) 492-0144 All complaints are confidential. Maintaining this confidentiality may limit the ability to completely North Central Region (Adams, Florence, Forest, Green Lake, Iron, Langlade, Lincoln, Marathon, Marquette, resolve your claim or to do so in a timely manner. Menominee, Oneida, Portage, Price, Shawano, Vilas, The Labor Compliance Specialist will discuss your Waupaca, Waushara, and Wood counties) situation and options with you. 510 N. Hanson Lake Road, Rhinelander, WI 54501 (715) 365-5732

Aeronautics 4802 Sheboygan Ave., Room 701 P.O. Box 7914 Madison, WI 53707-7914 (608) 264-7607 Fax: (608) 267-6748

Revised January, 2018