Sec. 1. 26 MRSA §1308, sub-§1, as amended by PL 1997, c. 757, §7, is further amended to read:

1. Determination of wage and benefit rates. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this State during the 2nd and 3rd week of September peak employment period of each year of each employer. Prevailing wages and benefits must be determined in September 1999 and become effective upon determination. In determining the prevailing rates, the bureau may ascertain and consider the applicable wage and benefits rates established by collective bargaining agreements, if any, and those rates that are paid generally in the locality during the peak employment period where the construction of the public works is to be performed. For purposes of this subsection, "peak employment period" means the 2-week period during the previous 52 weeks during which the employer employed the most employees. For purposes of this subsection, "benefits" means health and welfare contributions, pension or individual retirement account contributions and vacation and annuity contributions, per diem in lieu of wages and any other form of payment, except for wages, made to or on behalf of the employee. If a defined contribution amount is not established, the most accurate estimated value of contributions must be included.

SUMMARY

Current law requires the Department of Labor, Bureau of Labor Standards to determine the prevailing hourly wage and benefits in the construction industry in Maine. The survey is based upon an investigation of wages and benefits paid by employers in the construction industry during the 2nd and 3rd weeks of September, annually.

This bill requires the bureau to determine the prevailing hourly wage and benefits on an annual basis based upon each construction industry employer's annual peak employment period, which is defined as the 2-week period each year during which the employer employs the most employees.