MDOT continues their focus on prevailing wage compliance. They have asked MITA to distribute the following information as a reminder about the payment of prevailing wages for Truck Drivers.
For Federal and State Prevailing Wage Projects
When truck drivers are performing work on a project (i.e. moving material from one location within the project limits to another location within the project limits) then all work to perform this operation is covered under the prevailing wage acts.
For Federal Prevailing Wage Projects Only
When truck drivers are simply dropping off material and/or picking up material from the job site and their time spent within the project limits is greater than 20% of their work week, then all time spent within the project limits is covered under the prevailing wage act.
When the time spent dropping off or picking up material is less than 20% of the work week then the time spent within the project limits is not covered by the prevailing wage act and is considered “di minimis.”
According to MDOT BOHIM 2009-07, when the truck driver is delivering materials/product for the company of which they are employed, and that company is selling materials/product to the contractor (i.e. delivery of concrete pipe), then the truck drivers are not covered under the prevailing wage act.
For State Prevailing Wage Project
Refer to MITA’s “Truck Driver Scenarios” by clicking here.
MDOT has informed MITA that some truck drivers have been logging their hours and are reporting that they typically spend more than 20% of their work week within the project limits. MDOT has found this contradicts certified payrolls that are claiming the truck drivers fall under the “di minimum” rule. This contradiction is raising red flags and initiating an increased level of auditing being performed by MDOT officials. Note the “di minimus” rule does not apply to State Prevailing wage projects.
MDOT has also informed MITA that truck drivers that are covered by “Collective Bargaining Agreements” (CBA) might be underpaid in accordance with the prevailing wage determination. In some cases, the base hourly rate and fringe benefit listed in the prevailing wage determination might be higher than the wages and fringes in the CBA.
For more information on Prevailing Wage Oversight Procedures click here to be directed to MDOTs BOHIM 2009-07.
If you have any questions or comments, contact Glenn Bukoski at glennbukoski@mi-ita.com or Doug Needham at douglasneedham@mi-ita.com or call them at the MITA office at 517-347-8336.
