Published on Feb 10, 2023

Separate prevailing wage proposals reappear, combine in a new bill with major impacts for cities

Contact: Brandy DeLange, Brianna Morin

This year has been a busy one for prevailing wage issues, with several proposals seeking to update and amend current law under consideration in the Legislature. Some of the bills have overlapping intentions or aim to achieve the same goal through varying means. Last week, Sen. Curtis King (R–Yakima) introduced SB 5726, which addresses how the prevailing wage rate is set and contested under certain conditions, and when it is updated within a public works contract.

Specifically, the bill proposes the following:

  • When there is more than one collective bargaining agreement in a county, the industrial statistician must determine the prevailing wage using the majority rate from those agreements, or, when a majority rate is not present, the rate representing the preponderance of hours.
  • An interested party may contest a determination by the industrial statistician to prove the actual rate used in the determination is less than the rate representing the majority number or preponderance of hours.
  • Public works contracts must specify that wages paid to workers will be no less than the latest prevailing wage rate in effect at the time the work is performed.

The bill also requires payment for accrued and unused sick leave for certain construction workers separating from employment. However, during discussion of the bill in the Senate Labor & Commerce Committee last week, the bill sponsor communicated his intention to remove this provision.

Our regular Bulletin readers may recognize the language in SB 5726 from two other bills introduced earlier this year. One of these is HB 1099, from Rep. Liz Berry (D–Seattle), which requires public works contracts to specify that wages paid to workers will not be less than the latest prevailing wage rate in effect at the time the work is performed. AWC has a write-up of the bill here. HB 1099 has moved quickly through the legislative process already; it is currently on its way to the House Capital Budget Committee for consideration.

 

Date to remember


HB 1099 is scheduled for public hearing in the House Capital Budget Committee on Thursday, Feb. 16, at 1:30 pm.

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