23 U.S.C. § 113 — Prevailing rate of wage

submitted 68 years ago by Pub. L. 85-767 to r/title-23-HIGHWAYS · 233 words · no verdicts yet

in plain englishAI-generated · not legal advice

Workers on federal-aid highway construction must be paid the local prevailing wage. The Secretary of Labor sets these wage rates after consulting the state highway department, and the rates go into every contract. Apprenticeship and training programs that promote equal employment are exempt from this rule.

(a) The Secretary must act to make sure all laborers and mechanics working for contractors or subcontractors on federal-aid highway construction are paid no less than the wages that prevail for similar work in that local area, as the Secretary of Labor determines under sections 3141–3144, 3146, and 3147 of title 40. (b) To carry out (a), the Secretary of Labor must consult with the state highway department where the project will happen. After considering what it learns, it must set the minimum wages in advance under (a); those wages must be included in every project's bid advertisement and bid form, and made part of the contract. (c) This section does not apply to work done under apprenticeship and skill-training programs that the Secretary of Transportation has certified as promoting equal employment opportunity in federal-aid highway construction.

the actual law source: uscode.house.gov ↗public domain

(a)

The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on highway projects on the Federal-aid highways authorized under the highway laws providing for the expenditure of Federal funds upon Federal-aid highways, shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40.

(b)

In carrying out the duties of subsection (a) of this section, the Secretary of Labor shall consult with the highway department of the State in which a project on any Federal-aid highway is to be performed. After giving due regard to the information thus obtained, he shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of subsection (a) of this section which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project.

(c)

The provisions of the section shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting equal employment opportunity in connection with Federal-aid highway construction programs.

Source credit: (Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 895; Pub. L. 90–495, § 12(a), Aug. 23, 1968, 82 Stat. 821; Pub. L. 97–424, title I, § 149, Jan. 6, 1983, 96 Stat. 2131; Pub. L. 100–17, title I, § 133(b)(5), Apr. 2, 1987, 101 Stat. 171; Pub. L. 102–240, title I, § 1006(g)(2), Dec. 18, 1991, 105 Stat. 1927; Pub. L. 107–217, § 3(e)(2), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 112–141, div. A, title I, § 1104(c)(2), July 6, 2012, 126 Stat. 427.)

history & why it existsrecord from the source credit

1958Enacted · Pub. L. 85-767 · 72 Stat. 895
1968Amended · Pub. L. 90-495 · 82 Stat. 821
1983Amended · Pub. L. 97-424 · 96 Stat. 2131
1987Amended · Pub. L. 100-17 · 101 Stat. 171
1991Amended · Pub. L. 102-240 · 105 Stat. 1927
2002Amended · Pub. L. 107-217 · 116 Stat. 1299
2012Amended · Pub. L. 112-141 · 126 Stat. 427

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-767 on 1958-08-27.

all 0 arguments · sorted by: best

no arguments yet — make the first case