Sec. 31-53. Construction, alteration or repair of public works projects by state or political subdivision; wage rates; certified payroll. Penalties for violations.
Sec. 31-53. Construction, alteration or repair of public works projects by state
or political subdivision; wage rates; certified payroll. Penalties for violations. (a)
Each contract for the construction, remodeling, refinishing, refurbishing, rehabilitation,
alteration or repair of any public works project by the state or any of its agents, or by
any political subdivision of the state or any of its agents, shall contain the following
provision: "The wages paid on an hourly basis to any person performing the work of
any mechanic, laborer or worker on the work herein contracted to be done and the
amount of payment or contribution paid or payable on behalf of each such person to
any employee welfare fund, as defined in subsection (h) of this section, shall be at a
rate equal to the rate customary or prevailing for the same work in the same trade or
occupation in the town in which such public works project is being constructed. Any
contractor who is not obligated by agreement to make payment or contribution on behalf
of such persons to any such employee welfare fund shall pay to each mechanic, laborer
or worker as part of such person's wages the amount of payment or contribution for
such person's classification on each pay day."
(b) Any contractor or subcontractor who knowingly or wilfully employs any mechanic, laborer or worker in the construction, remodeling, refinishing, refurbishing,
rehabilitation, alteration or repair of any public works project for or on behalf of the
state or any of its agents, or any political subdivision of the state or any of its agents, at
a rate of wage on an hourly basis that is less than the rate customary or prevailing for
the same work in the same trade or occupation in the town in which such public works
project is being constructed, remodeled, refinished, refurbished, rehabilitated, altered
or repaired, or who fails to pay the amount of payment or contributions paid or payable
on behalf of each such person to any employee welfare fund, or in lieu thereof to the
person, as provided by subsection (a) of this section, shall be fined not less than two
thousand five hundred dollars but not more than five thousand dollars for each offense
and (1) for the first violation, shall be disqualified from bidding on contracts with the
state or any political subdivision until the contractor or subcontractor has made full
restitution of the back wages owed to such persons and for an additional six months
thereafter and (2) for subsequent violations, shall be disqualified from bidding on contracts with the state or any political subdivision until the contractor or subcontractor has
made full restitution of the back wages owed to such persons and for not less than an
additional two years thereafter. In addition, if it is found by the contracting officer
representing the state or political subdivision of the state that any mechanic, laborer or
worker employed by the contractor or any subcontractor directly on the site for the work
covered by the contract has been or is being paid a rate of wages less than the rate of
wages required by the contract to be paid as required by this section, the state or contracting political subdivision of the state may (A) by written notice to the contractor,
terminate such contractor's right to proceed with the work or such part of the work as
to which there has been a failure to pay said required wages and to prosecute the work
to completion by contract or otherwise, and the contractor and the contractor's sureties
shall be liable to the state or the contracting political subdivision for any excess costs
occasioned the state or the contracting political subdivision thereby, or (B) withhold
payment of money to the contractor or subcontractor. The contracting department of
the state or the political subdivision of the state shall, not later than two days after taking
such action, notify the Labor Commissioner, in writing, of the name of the contractor
or subcontractor, the project involved, the location of the work, the violations involved,
the date the contract was terminated, and steps taken to collect the required wages.
(c) The Labor Commissioner may make complaint to the proper prosecuting authorities for the violation of any provision of subsection (b) of this section.
(d) For the purpose of predetermining the prevailing rate of wage on an hourly basis
and the amount of payment or contributions paid or payable on behalf of each person
to any employee welfare fund, as defined in subsection (h) of this section, in each town
where such contract is to be performed, the Labor Commissioner shall (1) hold a hearing
at any required time to determine the prevailing rate of wages on an hourly basis and
the amount of payment or contributions paid or payable on behalf of each person to any
employee welfare fund, as defined in subsection (h) of this section, upon any public
work within any specified area, and shall establish classifications of skilled, semiskilled
and ordinary labor, or (2) adopt and use such appropriate and applicable 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.
(e) The Labor Commissioner shall determine the prevailing rate of wages on an
hourly basis and the amount of payment or contributions paid or payable on behalf of
such person to any employee welfare fund, as defined in subsection (h) of this section,
in each locality where any such public work is to be constructed, and 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 rate of wages and amount of employee welfare fund payments or contributions
and shall include such rate of wage on an hourly basis and the amount of payment or
contributions paid or payable on behalf of each person to any employee welfare fund,
as defined in subsection (h) of this section, or in lieu thereof the amount to be paid
directly to each person for such payment or contributions as provided in subsection (a)
of this section for all classifications of labor in the proposal for the contract. The rate
of wage on an hourly basis and the amount of payment or contributions to any employee
welfare fund, as defined in subsection (h) of this section, or cash in lieu thereof, as
provided in subsection (a) of this section, shall, at all times, be considered as the minimum rate for the classification for which it was established. Prior to the award of any
contract subject to the provisions of this section, such agent shall certify in writing to
the Labor Commissioner the total dollar amount of work to be done in connection with
such public works project, regardless of whether such project consists of one or more
contracts. Upon the award of any contract subject to the provisions of this section, the
contractor to whom such contract is awarded shall certify, under oath, to the Labor
Commissioner the pay scale to be used by such contractor and any of the contractor's
subcontractors for work to be performed under such contract.
(f) Each employer subject to the provisions of this section or section 31-54 shall
(1) keep, maintain and preserve such records relating to the wages and hours worked
by each person performing the work of any mechanic, laborer and worker and a schedule
of the occupation or work classification at which each person performing the work of
any mechanic, laborer or worker on the project is employed during each work day and
week in such manner and form as the Labor Commissioner establishes to assure the
proper payments due to such persons or employee welfare funds under this section or
section 31-54, regardless of any contractual relationship alleged to exist between the
contractor and such person, and (2) submit monthly to the contracting agency a certified
payroll that shall consist of a complete copy of such records accompanied by a statement
signed by the employer that indicates (A) such records are correct; (B) the rate of wages
paid to each person performing the work of any mechanic, laborer or worker and the
amount of payment or contributions paid or payable on behalf of each such person to
any employee welfare fund, as defined in subsection (h) of this section, are not less than
the prevailing rate of wages and the amount of payment or contributions paid or payable
on behalf of each such person to any employee welfare fund, as determined by the Labor
Commissioner pursuant to subsection (d) of this section, and not less than those required
by the contract to be paid; (C) the employer has complied with the provisions of this
section and section 31-54; (D) each such person is covered by a workers' compensation
insurance policy for the duration of such person's employment, which shall be demonstrated by submitting to the contracting agency the name of the workers' compensation
insurance carrier covering each such person, the effective and expiration dates of each
policy and each policy number; (E) the employer does not receive kickbacks, as defined
in 41 USC 52, from any employee or employee welfare fund; and (F) pursuant to the
provisions of section 53a-157a, the employer is aware that filing a certified payroll
which the employer knows to be false is a class D felony for which the employer may
be fined up to five thousand dollars, imprisoned for up to five years, or both. This
subsection shall not be construed to prohibit a general contractor from relying on the
certification of a lower tier subcontractor, provided the general contractor shall not be
exempted from the provisions of section 53a-157a if the general contractor knowingly
relies upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record and every person
shall have the right to inspect and copy such records in accordance with the provisions
of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections
31-66 and 31-69 that are not inconsistent with the provisions of this section or section
31-54 apply to this section. Failing to file a certified payroll pursuant to subdivision (2)
of this subsection is a class D felony for which the employer may be fined up to five
thousand dollars, imprisoned for up to five years, or both.
(g) The provisions of this section do not apply where the total cost of all work to
be performed by all contractors and subcontractors in connection with new construction
of any public works project is less than four hundred thousand dollars or where the total
cost of all work to be performed by all contractors and subcontractors in connection
with any remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any
public works project is less than one hundred thousand dollars.
(h) As used in this section, section 31-54 and section 31-89a, "employee welfare
fund" means any trust fund established by one or more employers and one or more labor
organizations or one or more other third parties not affiliated with the employers to
provide from moneys in the fund, whether through the purchase of insurance or annuity
contracts or otherwise, benefits under an employee welfare plan; provided such term
shall not include any such fund where the trustee, or all of the trustees, are subject to
supervision by the Banking Commissioner of this state or any other state or the Comptroller of the Currency of the United States or the Board of Governors of the Federal
Reserve System, and "benefits under an employee welfare plan" means one or more
benefits or services under any plan established or maintained for persons performing
the work of any mechanics, laborers or workers or their families or dependents, or for
both, including, but not limited to, medical, surgical or hospital care benefits; benefits
in the event of sickness, accident, disability or death; benefits in the event of unemployment, or retirement benefits.
(1949 Rev., S. 7372; March, 1950, S. 3018d, 3019d; 1961, P.A. 486, S. 1; 1963, P.A. 240, S. 1; 1967, P.A. 494, S. 1;
P.A. 73-566, S. 1; P.A. 75-90, S. 1, 2; P.A. 77-442; 77-614, S. 161, 610; P.A. 79-325; P.A. 80-482, S. 200, 348; P.A. 83-537, S. 2; P.A. 85-355, S. 1-3; P.A. 87-9, S. 2, 3; P.A. 91-74, S. 1; 91-407, S. 40, 42; P.A. 93-392, S. 1; 93-435, S. 65, 95;
P.A. 97-263, S. 14; P.A. 03-84, S. 17; P.A. 05-50, S. 1; P.A. 06-196, S. 161.)
History: 1961 act added provisions re political subdivision and employee welfare funds and added Subsecs. (f) and (g)
re records and schedules which must be kept and re inapplicability of provisions where total cost of work is less than
$5,000; 1963 act substituted "alteration" for "remodeling" and "public works project" for references to public buildings;
1967 act added Subsec. (h) defining "employee welfare fund" and "benefits under an employee welfare plan" and substituted
references to Subsec. (h) for references to Sec. 31-78; P.A. 73-566 amended Subsec. (b) to add provisions re termination
of contract when discovery is made that employees are being paid less than the amount required under contract; P.A. 75-90 added references to remodeling, refurnishing, refurbishing and rehabilitation of projects in Subsecs. (a), (b) and (g);
P.A. 77-442 added Subsec. (d)(2) requiring commissioner to adopt and use appropriate and applicable prevailing wage
rate determinations made by U.S. Secretary of Labor; P.A. 77-614 replaced bank commissioner with banking commissioner
within the department of business regulation and made banking department the division of banking within that department,
effective January 1, 1979; P.A. 79-325 replaced former provisions of Subsec. (g) which had rendered section inapplicable
where total cost of project is less than $50,000 with provision rendering provisions inapplicable to new construction projects
where total cost is less than $50,000 and to remodeling, refinishing etc. projects where total cost is less than $10,000; P.A.
80-482 restored banking division as independent department with commissioner as its head following abolition of business
regulation department; P.A. 83-537 amended Subsec. (e) to require the local agent to contact the labor commissioner, to
ascertain proper wage rates and payment levels, at least ten but not more than 20 days prior to putting the contract out to
bid; P.A. 85-355 amended Subsec. (e) to require the agent to certify the total cost of work to be done on the public works
project, and to require the contractor to certify the pay scale to be used on the project after having been awarded the contract
and amended Subsec. (g) to make the prevailing wage requirements inapplicable to projects costing less than $200,000 if
new construction, or to projects costing less than $50,000 if remodeling; (Revisor's note: Pursuant to P.A. 87-9 "banking
commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 91-74 made a technical
change in Subsec. (a), amended Subsec. (b) to increase fines from $100 to not less than $2,500 but not more than $5,000
and amended Subsec. (g) by changing the cost thresholds from $200,000 to $400,000 and from $50,000 to $100,000; P.A.
91-407 changed effective date of P.A. 91-74 from October 1, 1991, to July 1, 1991; P.A. 93-392 deleted reference to Sec.
51-53 in Subsec. (a) and added (f)(2) requiring employers subject to the state prevailing wage laws to file weekly certified
payrolls with the contracting public agency and designating such certified payrolls as public records; P.A. 93-435 made
technical change in Subsec. (a) to reinstate language in existence prior to amendment made by P.A. 93-392, effective June
28, 1993; P.A. 97-263 added Subsec. (b)(1) and (2) disqualifying bidders from bidding on contracts with the state until
certain requirements are met and adding provision permitting the withholding of payment of money to the contractor or
subcontractor, amended Subsec. (d) to change "employee" to "person", amended Subsec. (f) to require monthly submission
of certified payroll and to make failure to file a certified payroll a class D felony, and amended Subsec. (h) by redefining
"employee welfare fund" to include one or more other third parties not affiliated with the employers; P.A. 03-84 changed
"Commissioner of Banking" to "Banking Commissioner" in Subsec. (h), effective June 3, 2003; P.A. 05-50 substituted
"person" for "employee" and made technical changes throughout, amended Subsec. (a) to require payment of prevailing
wage to persons performing the work of any mechanic, laborer or worker and to require contractor not obligated to contribute
to employee welfare fund to pay to each mechanic, laborer or worker the amount of contribution for such person's classification, amended Subsec. (b) to impose penalties on any contractor or subcontractor who fails to pay prevailing wage or make
required contributions to employee welfare fund, amended Subsec. (f) to require employer to keep, maintain and preserve
records and schedule of occupation or work classification for each person performing the work of any mechanic, laborer
and worker, adding "regardless of any contractual relationship alleged to exist between the contractor and such person"
and amended Subsec. (h) to redefine "benefits under an employee welfare plan"; P.A. 06-196 made a technical change in
Subsec. (c), effective June 7, 2006.
See Sec. 7-112 re applicability of section to construction, remodeling or repair of public buildings by state agencies
and political subdivisions of the state.
See Sec. 31-53a re (1) payments to mechanics, laborers and workmen from accrued payments withheld under the terms
of a contract terminated pursuant to subsection (b) of this section, and their right of action and intervention, (2) the Labor
Commissioner's duty to prepare and distribute lists of persons or firms found to be in violation of this section or barred
from federal contracts pursuant to the Davis-Bacon Act, and (3) limitation on awarding of contracts to such persons or firms.
Where an employee is working under a contract which violates the statute or fails to provide for pay at least equal to
the prevailing wages as fixed by the board, the state is in no position to claim that, if he is injured, compensation should
not be based on the prevailing wage as so determined. 135 C. 498. Cited. 223 C. 573.
Cited. 36 CA 29.
Subsec. (f):
Jurisdiction conferred on Labor Department over prevailing wages and certified payroll records by this Subsec. does
not preempt exercise of jurisdiction by state electrical work examining board to sanction a licensee for misconduct in
misclassifying employees and permitting employees to perform work that they were not licensed to perform. 104 CA 655.
Subsec. (h):
Cited. 44 CA 397.