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Hennepin County Attorney > Prevailing wage > Prevailing wage contracts

Prevailing wage contracts

The Hennepin County Attorney’s Office conducts interviews of employees to protect the integrity of publicly funded contracts and ensure that employees are paid the correct prevailing wage rate.

The information provided by the employees is compared to information that the county and other government agencies collect. If the contractor is not following prevailing wage laws, the enforcement office can use civil and criminal law to require compliance or to punish violators. 

In conducting prevailing wage enforcement, county attorney staff may also learn of concerns regarding compliance with other laws regulating employment such as federal and state wage, retirement, and tax laws. In those instances, enforcement staff may refer these concerns to appropriate agencies, including law enforcement. 

Office of Prevailing Wage Enforcement

prevwage@hennepin.us

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Prevailing wage overview

Hennepin County designates certain contracts as prevailing wage contracts. A prevailing wage contract requires the contractor to pay its employees a prevailing wage which is an hourly wage set by government. 

The employer has a choice to pay the prevailing wage as a straight hourly wage without fringe benefits or an hourly base wage rate with an hourly fringe benefit rate. Fringe benefits include health care premiums, retirement savings, paid time off, and training expenses.

Apprenticeship
Hennepin County recognizes apprenticeship programs registered with the Minnesota Department of Labor and Industry and the United States Department of Labor as legitimate exceptions to paying prevailing wage rates. Contractors must provide the registered Apprenticeship Agreement to validate an exception to paying the prevailing wage rate. More information can be obtained at the Minnesota Department of Labor and Industry website.

Construction and building service contracts

For construction/transportation-construction and building service contracts, the Hennepin County prevailing wage can be found at:

  • Commercial construction – prevailing wage
  • Highway and heavy construction – prevailing wage

Once a contract has been awarded and work begins, the contractor is required to provide certified payroll to the Hennepin County Attorney’s Office of Prevailing Wage Enforcement.

In order to ensure compliance with Minnesota’s data privacy act, Hennepin County uses specific forms to collect public data thereby eliminating cumbersome redaction of private data when fulfilling data requests. See Minnesota Statutes Section 13.43, Subd. 19.

Hennepin County Prevailing Wage requires contractors to submit certified payroll documentation using a third party vendor, LCPtracker (Labor Compliance Program) software. In some instances, as determined by Hennepin County, documentation is allowed using paper format submissions to prevwage@hennepin.us using these forms, as applicable: 
  • Payroll – weekly (DOC)
  • Statement of compliance (DOC)
  • Statement of non-performance (DOC)
  • Identification of contractors (DOC)
  • Subcontractors on job site (DOCX)

The description of the prevailing wage enforcement process is not legal advice and does not cover every case or situation.

Contractor duties

How often does a Certified Payroll Report have to be submitted?

A contractor that performs work under a Hennepin County construction, remodeling or repair contract must submit a certified payroll report to the contracting agency within 14 days after the employee has been paid.  The employee must be paid unconditionally and not less than once a week.

What are the responsibilities of the general contractor?

A general contractor shall collect and maintain certified payroll reports from all first and second tier subcontractors.  The general contractor shall thoroughly examine the reports submitted by each subcontractor to ensure that the certified payroll reports are accurate, complete and a true representation of the work performed.  The general contractor shall utilize the county’s subcontractor tracking form to ensure that all subcontractors have submitted certified payroll reports: subcontractor form (DOC).

How long does a Certified Payroll Report need to be kept?

The general contractor must retain its certified payroll reports, along with those of its subcontractors for a period of three (3) years after the certificate of final acceptance has been executed.

State law requires Hennepin County to retain contract documents pertaining to Prevailing Wage for six (6) years after the project is closed.

What happens if a Certified Payroll Report is not submitted?

If a general contractor or a subcontractor fails to submit a certified payroll report to the contracting agency, the project engineer may withhold a portion of one or more partial estimates until the reports are received.  In addition, contractors that fail to submit certified payroll reports could be subject to a penalty pursuant with Minnesota Statutes 177.30 subdivision (b).

Where can a contractor learn job classification definitions?

Minnesota Administrative Rules defines job classifications at the Office of the Revisor of Statutes 5200.1101 and 5200.1102.

Maintenance contracts

Once a contract has been awarded and work begins, the contractor is required to provide certified payroll to the Hennepin County Attorney’s Office of Prevailing Wage Enforcement. 

In order to ensure compliance with Minnesota’s data privacy act, Hennepin County uses specific forms to collect public data thereby eliminating cumbersome redaction of private data when fulfilling data requests. See Minnesota Statutes Section 13.43, Subd. 19.

Hennepin County Prevailing Wage requires contractors to submit certified payroll documentation using a third party vendor, LCPtracker (Labor Compliance Program) software. In some instances, as determined by Hennepin County, documentation is allowed using paper format submissions to prevwage@hennepin.us using these forms, as applicable:

  • Payroll – weekly (DOC)
  • Payroll - biweekly (DOC)
  • Statement of compliance (DOC)
  • Statement of non-performance (DOC)

The description of the prevailing wage enforcement process is not legal advice and does not cover every case or situation.

Contractor duties

How often does a Certified Payroll Report have to be submitted?

A contractor that performs work under Hennepin County maintenance, janitorial, and security service contracts must submit a certified payroll report to the contracting agency within 14 days after the employee has been paid.  The employee must be paid unconditionally and not less than biweekly.

What are the responsibilities of the general contractor?

A general contractor shall collect and maintain certified payroll reports from all first and second tier subcontractors.  The general contractor shall thoroughly examine the reports submitted by each subcontractor to ensure that the certified payroll reports are accurate, complete and a true representation of the work performed.

How long does a Certified Payroll Report need to be kept?

The general contractor must retain its certified payroll reports, along with those of its subcontractors for a period of three (3) years after the certificate of final acceptance has been executed.

State law requires Hennepin County to retain contract documents pertaining to Prevailing Wage for six (6) years after the project is closed.

What happens if a Certified Payroll Report is not submitted?

If a general contractor or a subcontractor fails to submit a certified payroll report to the contracting agency, the project engineer may withhold a portion of one or more partial estimates until the reports are received.  In addition, contractors that fail to submit certified payroll reports could be subject to a penalty pursuant with Minnesota Statutes 177.30 subdivision (b).

Where can a contractor learn job classification definitions?

Minnesota Administrative Rules defines job classifications at the Office of the Revisor of Statutes 5200.1101 and 5200.1102.

Janitorial contracts

Once a contract has been awarded and work begins, the contractor is required to provide certified payroll to the Hennepin County Attorney’s Office of Prevailing Wage Enforcement. 

In order to ensure compliance with Minnesota’s data privacy act, Hennepin County uses specific forms to collect public data thereby eliminating cumbersome redaction of private data when fulfilling data requests. See Minnesota Statutes Section 13.43, Subd. 19. 

Hennepin County Prevailing Wage requires contractors to submit certified payroll documentation using a third party vendor, LCPtracker (Labor Compliance Program) software. In some instances, as determined by Hennepin County, documentation is allowed using paper format submissions to prevwage@hennepin.us using these forms, as applicable: 
  • Payroll biweekly (DOC)
  • Statement of compliance (DOC)
  • Statement of non-performance (DOC)

The description of the prevailing wage enforcement process is not legal advice and does not cover every case or situation.

Contractor duties

How often does a Certified Payroll Report have to be submitted?

A contractor that performs work under Hennepin County maintenance, janitorial, and security service contracts must submit a certified payroll report to the contracting agency within 14 days after the employee has been paid.  The employee must be paid unconditionally and not less than biweekly.

What are the responsibilities of the general contractor?

A general contractor shall collect and maintain certified payroll reports from all first and second tier subcontractors.  The general contractor shall thoroughly examine the reports submitted by each subcontractor to ensure that the certified payroll reports are accurate, complete and a true representation of the work performed.

How long does a Certified Payroll Report need to be kept?

The general contractor must retain its certified payroll reports, along with those of its subcontractors for a period of three (3) years after the certificate of final acceptance has been executed.

State law requires Hennepin County to retain contract documents pertaining to Prevailing Wage for six (6) years after the project is closed.

What happens if a Certified Payroll Report is not submitted?

If a general contractor or a subcontractor fails to submit a certified payroll report to the contracting agency, the project engineer may withhold a portion of one or more partial estimates until the reports are received.  In addition, contractors that fail to submit certified payroll reports could be subject to a penalty pursuant with Minnesota Statutes 177.30 subdivision (b).

Security service contracts

Once a contract has been awarded and work begins, the contractor is required to provide certified payroll to the Hennepin County Attorney’s Office of Prevailing Wage Enforcement. 

In order to ensure compliance with Minnesota’s data privacy act, Hennepin County uses specific forms to collect public data thereby eliminating cumbersome redaction of private data when fulfilling data requests. See Minnesota Statutes Section 13.43, Subd. 19:

Hennepin County Prevailing Wage requires contractors to submit certified payroll documentation using a third party vendor, LCPtracker (Labor Compliance Program) software. In some instances, as determined by Hennepin County, documentation is allowed using paper format submissions to prevwage@hennepin.us using these forms, as applicable: 

  • Payroll – weekly
  • Payroll -- biweekly (DOC)
  • Statement of compliance (DOC)
  • Statement of non-performance (DOC)

The description of the prevailing wage enforcement process is not legal advice and does not cover every case or situation.

Contractor duties

How often does a Certified Payroll Report have to be submitted?

A contractor that performs work under Hennepin County maintenance, janitorial, and security service contracts must submit a certified payroll report to the contracting agency within 14 days after the employee has been paid.  The employee must be paid unconditionally and not less than biweekly.

What are the responsibilities of the general contractor?

A general contractor shall collect and maintain certified payroll reports from all first and second tier subcontractors.  The general contractor shall thoroughly examine the reports submitted by each subcontractor to ensure that the certified payroll reports are accurate, complete and a true representation of the work performed.

How long does a Certified Payroll Report need to be kept?

The general contractor must retain its certified payroll reports, along with those of its subcontractors for a period of three (3) years after the certificate of final acceptance has been executed.

State law requires Hennepin County to retain contract documents pertaining to Prevailing Wage for six (6) years after the project is closed.

What happens if a Certified Payroll Report is not submitted?

If a general contractor or a subcontractor fails to submit a certified payroll report to the contracting agency, the project engineer may withhold a portion of one or more partial estimates until the reports are received.  In addition, contractors that fail to submit certified payroll reports could be subject to a penalty pursuant with Minnesota Statutes 177.30 subdivision (b).

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Hennepin County, Minnesota

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