The Labor and Industrial Relations Commission (Labor Commission) hears and decides objections to prevailing wage rates and occupational titles as initially determined by the Division of Labor Standards.
All interested parties are hereby advised that the Labor and Industrial Relations Commission has amended its rule pertaining to prevailing wage objections and hearing.
Effective February 29, 2020, Commission Rule 8 CSR 20-5.010 sets forth, among other things, new requirements for objections involving hours not previously reported to the Division of Labor Standards before January 31; new requirements pertaining to the exchange of evidence prior to the prehearing conference; and new provisions related to motions to amend.
All interested parties are strongly encouraged to review the amended rule in its entirety before filing objections, motions, or other requests with the Commission.
Filing an Objection to a Prevailing Wage Determination
By March 10 of each year, the Division of Labor Standards issues an annual wage order, which contains an initial wage determination of the prevailing hourly wage rate to be paid on public works projects for each craft in each locality in the state. By July 1 of each year, the Division issues a general wage order, which contains a determination of the prevailing wage to be paid on projects of the Missouri State Highways and Transportation Commission for each craft in each locality in the state. The Division files each wage order with the Missouri Secretary of State.
Any person affected by a determination published in a wage order may challenge the determination by filing a written objection with the Labor Commission within 30 days after the filing of those determinations with the Secretary of State. Entities who are not natural persons (corporation, limited liability company, etc.) must be represented by a Missouri-licensed attorney who shall file the objection on behalf of the entity. The Labor Commission’s rule setting forth the required content of an objection may be found at 8 CSR 20-5.010.
The Labor Commission will schedule the objection for an evidentiary hearing to be conducted within 60 days of the receipt of the objection. The Labor Commission will notify objectors of the hearing date and time and will also post the hearing date and time on its website. The Labor Commission will schedule a prehearing conference for the purposes of clearly defining the issues to be tried and receiving pre-filed evidence. At any time before the hearing, any person interested in the objection to the initial wage determination may intervene in the proceedings and participate in the hearing. The Labor Commission will rule on the objection and file its final determination with the Secretary of State within 20 days after the conclusion of the evidentiary hearing. The final determination may be appealed by filing a petition in the appropriate Missouri circuit court pursuant to the provisions of the Missouri Administrative Procedure Act (Chapter 536 RSMo).