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1 MN 563 Laborer Mon Tue Wed Thu Fri Sat Sun Total Hours Highway Heavy - Union OT Schedule Hours Worked Regular Pay Over Time Pay Double Time Pay Builders Trade - Union OT Schedule Hours Worked Regular Pay Over Time Pay Double Time Pay Various Jobs - See Attached Time Card Multiple Projects Regular Pay Over Time Pay Double Time Pay MN 49 Operator Mon Tue Wed Thu Fri Sat Sun Total Hours Highway Heavy - Union OT Schedule Hours Worked Regular Pay Over Time Pay Double Time Pay Builders Trade - Union OT Schedule Hours Worked Regular Pay Over Time Pay Double Time Pay Various Jobs - See Attached Time Card Multiple Projects Regular Pay Over Time Pay Double Time Pay Prevailing Wage Mon Tue Wed Thu Fri Sat Sun Total Hours Prevailing Wage (OT after 8) Hours Worked Regular Pay Over Time Pay Double Time Pay Examples of Overtime A Laborer from the MN 563 union working on a Highway Heavy project. Per the union agreement OT is paid after 40 hour per week, OT is to be paid after 10 hours per day, all hours worked on Saturday are paid at OT and all Sunday work is DT. A Laborer from the MN 563 Union working on a Builders Trade project. Per the union agreement OT is paid after 8 hour per day, all hours worked on Saturday are paid at OT and all Sunday work is DT. A Laborer working on multiple Highway Heavy/Builders Trade projects with and without prevailing wage. See example time card for Sara Smith. A Operator from the MN 49 union working on a Highway Heavy project. Per the union agreement OT is paid after 40 hour per week, all hours worked on Saturday are paid at OT and all Sunday work is DT. A Operator from the MN 49 Union working on a Builders Trade project. Per the union agreement OT is paid after 8 hour per day, all hours worked on Saturday are paid at OT and all Sunday work is DT. A Operator working on multiple Highway Heavy/Builders Trade projects with and without prevailing wage. See example time card for John Doe. A prevailing wage determination on any project can dictate that OT is paid after 8 hours in a day on any project.
2 WEEKLY TIME CARD Employee Name: Sara Smith - Labor Employee Signature: Week Ending: March 24, 2017 DAY Monday Date: 3/20/17 Tuesday Date: 03/21/17 Wednesday Date: 03/22/17 Thursday Date: 03/23/17 Friday Date: 03/24/17 Saturday Date: 03/25/17 Sunday Date: Equipment # OR Labor Attachment Job # / Name Cost Code Start End Break Daily Hours Highway Heavy - Union OT Schedule Paid 5 regular hours 5 Builders Trade - Union OT Scheudle Paid 3 regular hours & 2 OT hours 5 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 2 regular hours 2 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 9 regular hours 9 Highway Heavy - Union OT Schedule Paid 1 regular hour & 1 OT hour 2 Builders Trade - Union OT Scheudle Paid 1 OT hour 1 Builders Trade - Union OT Scheudle Paid 8 regular hours & 1 OT hour 9 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 2 regular hours 2 Highway Heavy - Union OT Schedule Paid 2 OT hours 2 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 3 regular hours 3 Builders Trade - Union OT Scheudle Paid 3 regular hours 3 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 2 regular hours and 1 OT hour 3 Builders Trade - Union OT Scheudle Paid 2 regular hours and 8 OT hours 10 Highway Heavy - Union OT Schedule Paid 4 OT hours 4 Highway Heavy - Union OT Schedule Paid 1 DT hour 1 Supervisor's Signature: TOTAL HOURS 61
3 WEEKLY TIME CARD Employee Name: John Doe - Operator Employee Signature: Week Ending: March 24, 2017 DAY Monday Date: 3/20/17 Tuesday Date: 03/21/17 Wednesday Date: 03/22/17 Thursday Date: 03/23/17 Friday Date: 03/24/17 Saturday Date: 03/25/17 Sunday Date: Equipment # OR Labor Attachmen Job # / Name Cost Code Start End Break Daily Hours Highway Heavy - Union OT Schedule Paid 5 regular hours 5 Builders Trade - Union OT Scheudle Paid 3 regular hours & 2 OT hours 5 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 2 regular hours 2 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 9 regular hours 9 Highway Heavy - Union OT Schedule Paid 2 regular hour 2 Builders Trade - Union OT Scheudle Paid 1 OT hour 1 Builders Trade - Union OT Scheudle Paid 8 regular hours & 1 OT hour 9 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 2 regular hours 2 Highway Heavy - Union OT Schedule Paid 2 regular hours 2 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 3 regular hours 3 Builders Trade - Union OT Scheudle Paid 3 regular hours 3 Highway Heavy - Union OT Schedule/Prevailing Wage Paid 1 regular hours and 2 OT hour 3 Builders Trade - Union OT Scheudle Paid 10 OT hours 10 Highway Heavy - Union OT Schedule Paid 4 OT hours 4 Highway Heavy - Union OT Schedule Paid 1 DT Hour 1 Supervisor's Signature: TOTAL HOURS 61
4 OVERTIME LAWS STATE The Minnesota Fair Labor Standards Act requires all employers, regardless of gross annual revenue, to pay overtime for all hours worked in excess of 48 hours in a seven-day period. FEDERAL The federal Fair Labor Standards Act requires some employers to pay overtime for all hours worked in excess of 40 hours in a seven-day period. These employers include: businesses whose employees produce or handle goods for interstate commerce; businesses with gross annual sales of more than $500,000; and certain other businesses, including hospitals, nursing homes, schools and government agencies. WHAT IS THE OVERTIME RATE? Overtime rates must be at least 1½ the employee s regular rate of pay. The regular rate of pay is determined by dividing the employee s total pay in any workweek by the total hours worked in the workweek. An employee s pay includes credits allowed against the minimum wage for meals and/or lodging. WHO MUST PAY? Overtime pay is not discretionary. Both state and federal laws prohibit any agreement to not pay overtime to employees. All firms must pay Minnesota s overtime wage regardless of: the firm s size, location or gross sales; the method of compensation (hourly, salary, commission, piece rate or other); or designations such as part time, temporary, seasonal or contract. WHO IS EXEMPT? Some employees are exempt from Minnesota s overtime wages. The following is a partial list: executive, administrative or professional employees who meet the salary and duty requirements of the department s rules; an outside salesperson; a salesperson, partsperson or mechanic for a vehicle dealership who sells or services automobiles, trailers, trucks or farm implements, and is paid on a commission or incentive basis, and is employed by a dealer selling to the consumer; and an agricultural worker paid a salary of at least $696 a week for large employers grossing $500,000 a year or more, or $ a week for small employers grossing less than $500,000 a year. WHAT IS A SALARY? A salary is defined as a guaranteed predetermined wage for each sevenday workweek that does not vary based on productivity or how many hours the employee works. It is not an hourly rate.
5 Page 1 of 6 3/3/2017 General Decision Number: MN /06/2017 MN10 Superseded General Decision Number: MN State: Minnesota Construction Type: Highway Counties: Anoka, Carver, Chisago, Dakota, Hennepin, Ramsey, Scott and Washington Counties in Minnesota. HIGHWAY CONSTRUCTION PROJECTS te: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at Modification Number Publication Date 0 01/06/2017 * SUMN /01/2014 Rates Fringes BRICKLAYER...$ CARPENTER...$ CEMENT MASON/CONCRETE FINISHER...$ ELECTRICIAN Electrician...$ Ground Person...$ Lineman...$ Wiring System Installer...$ Wiring System Technician...$ IRONWORKER...$ LABORER Blaster...$ Common or General...$ Flag Person...$ Landscape...$ Skilled...$ Traffic Control Person...$ Underground & Open Ditch
6 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 05 Counties within region: BENTON-05 ISANTI-30 SHERBURNE-71 STEARNS-73 WRIGHT-86 Effective: Revised: This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN (651) Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN (651) DLI.PrevWage@state.mn.us LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE 01/17/2017 1
7 MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Commercial County Number: 27 County Name: HENNEPIN Effective: Revised: This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN (651) DLI.PrevWage@state.mn.us * Indicates that adjacent county rates were used for the labor class listed. County: HENNEPIN (27) LABOR CODE AND CLASS EFFECT DATE BASIC RATE FRINGE RATE TOTAL RATE LABORERS ( ) (SPECIAL CRAFTS ) 101 LABORER, COMMON (GENERAL LABOR WORK) LABORER, SKILLED (ASSISTING SKILLED CRAFT JOURNEYMAN) /17/2017 1
8 SCHEDULE 6 Job Stewards The Employers recognizes the right of the Unions to designate job stewards to handle such Union business as may from time to time be delegated to them to see that the terms and conditions of this Agreement are being complied with. The Employers also agree that the job steward shall be kept on the job until completion of the work covered by this Agreement and are not to be laid off before such time without a hearing before a committee composed of a Representative of the involved Employer and an officer of the Union, which hearing shall be held not later than the end of the next business day following the giving of notice of layoff by the involved Employer to the involved job steward. The Employer agrees that on any job where they have Employees covered by this Agreement employed, the steward shall be kept on the job, if the crew is reduced due to weather or working conditions and/or if any Employees covered by this Agreement are kept on the job. The Steward, however, will not be an additional person and shall be a part of the working crew. SCHEDULE 7 Hours and Overtime A. All Districts. Forty (40) hours shall constitute a weeks work beginning on Monday of each week. Where work is required in excess of forty (40) hours in any one week, such work shall be paid for at the rate of one and one-half (1 ½) times the hourly rate. All time worked in excess of ten (10) hours in any one day shall be paid at one and one-half (1 ½) times the hourly rate. All time worked on Saturday shall be paid at one and one-half (1 ½) times the hourly rate. EXCEPTION: If the employee has not worked forty (40) hours, Monday through Friday, due to his/her own accord, or due to two (2) or more lost days due to inclement weather, he/she shall be paid straight time on Saturday until said employee has worked forty (40) hours. Sundays and holidays are paid at two (2) times the hourly rate. B. When the Pre-determined rates are low or non-existent, a percentage rate of no less than 90% of the base rate (on the check) may be paid, plus the total fringe package in Districts 3A, 3B and 4. Districts excluded from this provision are District 1, 2A and 2B. C. Where percentage reductions are used, any project let by a governmental agency, or governmental body with higher Pre-determined wage rates and fringe benefits, the higher rates and benefits shall prevail. D. All heavy industrial projects are exempt from any percentage reduction except when it is mutually agreed between the Union and the Employer that such a reduction is necessary. SCHEDULE 8 Definition of Work Highway and Heavy construction and Railroad contracting work is defined as constructing substantially in its entirety any fixed structure and other improvement or modification thereof, or an addition or repair thereto, including any structure or operation which is an incidental part of a contract thereof, including without limitation, grading on site, railroads and street railway construction projects, underground utilities, sewers, sewage treatment plants, watermains, grade separation, foundations, pile
9 covered by this Agreement are kept on the job. The Steward, however, will not be an additional worker and shall be a part of the working crew. SCHEDULE 7 Hours, Shifts, Overtime, Sundays and Holidays A. 7:30 a.m. to 4:00 p.m. shall constitute a regular day shift. However, as a means to promote job efficiency, the Employer may adjust the 7:30 a.m. start time up to two (2) hours earlier. All Employees who work other than the day shift shall receive eight (8) hours pay for seven (7) hours work if such shifts continue for four (4) consecutive working nights or more. If such night shifts do not so continue, all time worked hereon shall be paid for at the rate of one and one-half (1½) times the Employees regular straight time hourly rate of pay. All time worked in excess of eight (8) hours in any one day period or on Saturday, shall be paid at the rate of one and one-half (1½) times the Employees regular straight time hourly rate of pay. Double time shall be paid for all work performed on Sunday and the following holidays or days celebrated as such: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. B. It shall be understood that there shall be no pyramiding of overtime and Employees shall not be paid both daily and weekly overtime. C. It is agreed that in situations beyond the control of the contractor, in owner occupied buildings or facilities, the contractor may schedule all work, or portions of work, which starts and ends outside the normal work day. Provided such work is not part of a regular multiple shift operation, the first eight (8) hours of work is at straight time. In the event such work is required, the contractor will provide the Union with advance notification of at least twenty-four (24) hours that work is being performed outside the regular schedule. D. It is agreed that when Employees covered by this Agreement are directed by their Employer to work outside the territorial jurisdiction of this Agreement, such Employees shall be paid not less than the scale of wages, including fringe fund contributions provided for in this Agreement, and if the scale of wages is higher than provided for in this Agreement, the higher rates shall be paid. E. twithstanding the language in item A. above, for demolition work only. The Contractor may schedule work as a single shift that starts after 10:00 p.m. Sunday through Thursday. All Employees working this shift shall receive eight (8) hours pay for seven (7) hours work if such shift continues for four (4) consecutive working nights or more. If such shifts do not continue, all time worked on Sunday shall be paid at the two (2) times the regular straight time hourly rate of pay. All other time worked shall be paid at the rate of one and one-half (1½) times the Employees regular straight time hourly rate of pay. F. twithstanding the language in item A. above, for masonry work only. The Employer may schedule four (4) 10-hour days, Monday through Friday to constitute the forty (40) hour week at straight time. In the event that any one of the regularly scheduled days cannot be worked due to inclement weather, the fifth non-weekend day may be used as a make-up day. The Employer is to notify the Union by fax or prior to establishing a schedule of four (4) ten-hour days. When 4/10s are scheduled, all time worked in excess of ten (10) hours in any one day or on Saturday shall be paid at the rate of one and one-half (1½) times the Employee s regular straight time hourly rate of pay. All time worked on Sundays and Holidays shall be paid at double the Employee s regular straight time hourly rate of pay. This provision will expire on April 30, SCHEDULE 8 Breaks A. The Employees shall be entitled to a meal break of thirty (30) consecutive minutes in each regular work day. If an Employee is required to work five (5) consecutive hours without a meal break, he shall be compensated for the thirty (30) minutes so worked at the applicable rate of pay. This is not to be construed to deny the Employee time to eat his meal. 11
10 contractors' lawful competition, erodes industry standards and conflicts with society's interests at large. Therefore, the FCF is established as a LMCC to monitor and enforce compliance with federal, state and local laws, rules and regulations. FCF's further purpose is to study and implement solutions to problems that impede fair competition and stunt economic development in the industry. The Employer agrees to contribute every month, not later than the 15th day of the following month, hereinafter called the "due date," such sums for FCF as is designated in the wage schedule of this Agreement for each hour worked by all Employees covered by this Agreement. The FCF contributions are to be paid on one check along with the other fringe benefit contributions and submitted to the agent of the Funds as designated by the Trustees. The FCF shall function in accordance with a Trust Fund established solely and exclusively for the FCF by a separate Agreement and Declaration of Trust for the Fair Contracting Foundation of Minnesota, any amendments thereto, and any of its governing documents. The terms of the FCF Agreement and Declaration of Trust and all other governing documents are fully incorporated into this Article by reference. FCF shall not engage in prevailing wage enforcement activity as it relates to the assignment of an Employer's work claimed by a union signatory to a collective bargaining agreement with such Employer. SCHEDULE 3- HOURS, SHIFTS, OVERTIME, SUNDAYS AND HOLIDAYS S3.01 Eight (8) hours shall constitute a work day, forty (40) hours shall constitute a work week. All time worked in excess of forty (40) hours in any week shall be paid at one and one-half (1%) times the regular hourly rate. All work performed on Saturdays must be paid at 1 1 /z times the hourly rate in Zone 1. If an Employee misses a day on their own accord, Saturday shall not be an overtime day. S3.02 Where two shifts are worked, each shift shall consist of eight (8) hours work and all Employees who work such shifts shall receive eight (8) hours pay. S3.03 It is understood that there shall be no pyramiding of overtime and Employees shall not be paid daily and weekly overtime. AGC/Local -+9 AgrcemL'flt Highway, Railroad and Heavy Construction!\fay 1, ,\pril30,
11 SHIFTS S3.04 Where not more than two (2) shifts are worked, the wages paid shall be based on hours worked, however, each shift shall constitute eight (8) hours work and eight (8) hours pay. S3.05 Where work is only allowed to be performed during off-peak traffic hours (evenings and nights), the $1.00 per hour premium shall apply. 6:00p.m. to 6:00a.m. Metro area only. S3.06 There shall be a minimum of one-half (Yz) hour break from work for lunch near the middle of each shift. Lunch breaks are not paid hours. S3.07 When three (3) shifts are worked, the first shift shall constitute eight (8) working hours. The second shift shall constitute the following seven and one-half (7Yz) working hours. The third shift shall constitute the succeeding seven (7) working hours. Each such full shift shall be compensated by eight (8) hours straight time pay. SUNDAYS AND HOLIDAYS S3.08 In the Eastern Zone (Zone 2) all work performed between midnight Saturday and midnight Sunday shall be classed as Sunday work and paid for at the rate of two (2) times the regular hourly rate, except as a regular shift which ends on a Sunday or holiday morning or begins at or after 6:00 p.m. on a Sunday or holiday evening, shall be paid at the straight time rate. This includes the Eastern Metropolitan Zone. (Zone 1) S3.09 In the Western Zone (Zone 3) all work performed between midnight Saturday and midnight Sunday shall be classed as Sunday work and paid for at the rate of one and one-half (1 %) times the regular hourly rate, except as a regular shift which ends on a Sunday or a holiday morning and begins at or after 6:00 p.m. on a Sunday or holiday evening shall be paid at the straight time rate. S3.10 Work performed on the following holidays shall be compensated for at the rate of two (2) times the regular hourly rate: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. When Monday or Friday is designated and celebrated as one of the above listed legal holidays according to the regulations produced by the Federal government, they shall be observed as such. AGC/Local 49 Agrct:mcnt Highway, Railroad and 1-k-aV) Construction May 1, April 30,
12 schedule of this Agreement for each hour worked by all Employees covered by this Agreement. The PCF contributions are to be paid on one check along with the other fringe benefit contributions and submitted to the agent of the Funds as designated by the Trustees. The FCF shall function in accordance with a Trust Fund established solely and exclusively for the FCl_,' by a separate Agreement and Declaration of Trust for the Fair Contracting Foundation of l\linnesota, any amendments thereto, and any of its governing documents. The tenns of the FCF 1\grcement and Declaration of Trust and all other governing documents arc fully incorporated into this Article by reference. Schedule 3 -HOURS OF WORK AND HOLIDAYS Section 1. On single shift jobs, eight (8) hours shall constitute a work day, 6:00a.m. to 5:00 p.m., except upon mutual agreement between the Employer and the Union, starting time may be made earlier. On single shift jobs, all work in excess of eight (8) hours in any one (1) day, or all work in excess of forty (40) hours in any one (1) week, and all work on Saturdays will be paid at time and one-half (1 1 /z). r\ll time worked on Sundays and the following holidays or days observed as such: New Year's Day, rviemorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, except as hereinafter provided, shall be paid at the tate of two (2) times the hourly rate specified. \'{!hen ~Ionday or Friday is designated and celebrated as one of d1e above-listed legal holidays according to the regulations produced by the Federal Government, d1ey shall be observed as such. *The intent of the change in start time negotiated in the builder's agreement is to allow the contractors to adjust the starting time of a shift to meet the needs of the indust1y. It was not the intention nor is it allowed to change starting times on a daily basis. The 6:00 a.m. to 8:00 a.n1. Sl:L'trting time allows a contractor to pick a shift between 6:00 a.m. and 8:00 a.m. as a starting time. There is a forty-eight (48) hour notice for a shift change. Section 2..r\ll work perfonned bct\veen midnight Saturday and midnight Sunday shall be classed as Sunday work and paid for at the rate of two (2) times the regular hourly rate, except a regular shift scheduled forty-eight (48) hours in advance which ends on Sunday or a holiday morning or begins at or after 6:00 p.m., on a Sunday or holiday evening, shall be paid at the straight time rate. Section 3. i\iaintenance. \"~{;hen an engineer is required to do maintenance or repair work on equipment they shall receive the regular rate except that they may be employed ontunning repairs and maintenance on Saturdays, Sundays and holidays at one and one-half (1 Yz) times the regular hourly rate. \"'{!hen a mechanic or mechanics are employed on a Saturday, Sunday or holiday on repair work, they shall receive two (2) times d1e rate of pay if there are any other operating engineers receiving two (2) times d1e rate of pay. 31
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