HOUSE BILL REPORT
HB 1370
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 23, 2007
Title: An act relating to public workers excluded from prevailing wages on public works provisions.
Brief Description: Regarding public workers excluded from prevailing wages on public works provisions.
Sponsors: By Representatives Green, Conway, Hasegawa, Chase, Simpson, Morrell and Wood.
Brief History:
Commerce & Labor: 1/26/07, 2/1/07 [DP].
Floor Activity:
Passed House: 2/23/07, 93-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: Do pass. Signed by 8 members: Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse, Green, Moeller and Williams.
Staff: Joan Elgee (786-7106).
Background:
State law requires employers to pay workers on all public works contracts and public building
service maintenance contracts at least the prevailing wage. The prevailing wage is the rate of
hourly wage, usual benefits, and overtime paid to the majority of workers in the same trade or
occupation in the largest city in the county where the work is performed. The Department of
Labor and Industries determines the prevailing wage by periodically surveying the trades.
Public employees paid a "monthly or per diem salary" are excluded from the prevailing wage
laws, meaning they are also not included in the surveys. Some private sector workers brought
suit, claiming that since public employees paid hourly are not excluded, their wages should
be included in a survey.
Summary of Bill:
Public employees, regardless of how they are paid, are excluded from prevailing wage laws
and are therefore not included in prevailing wage surveys.
Rules Authority: The bill does not address the rule-making powers of an agency.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) This bill maintains the status quo. Public employees have not ever been included
in prevailing wage laws. When the prevailing wage law was passed, all employees were paid
on a monthly or per diem basis. A dispute showed this law needed to be changed. Public
employees work under different conditions and including them would not provide an accurate
prevailing wage rate. The Prevailing Wage Advisory Committee voted unanimously to
support this change.
(Opposed) None.
Persons Testifying: Representative Green, prime sponsor; Patrick Woods, Department of Labor & Industries; Dave Johnson, Building and Construction Trades Council; and Miriam Israel Moses, Rebound.