337.505 Definition of "prevailing wage" -- Fringe benefits included.
For the purpose of KRS 337.505 to 337.550, the term "prevailing wage" for each <br>classification of laborers, workmen, and mechanics engaged in the construction of public <br>works within the Commonwealth of Kentucky, means the sum of: <br>(1) The basic hourly rate paid or being paid subsequent to the commissioner's most
recent wage determination to the majority of laborers, workmen, and mechanics <br>employed in each classification of construction upon reasonably comparable <br>construction in the locality where the work is to be performed; such rate shall be <br>determined by the commissioner in accordance with paragraphs (a), (b), and (c) of <br>subsection (3) of KRS 337.520; in the event that there is not a majority paid at the <br>same rate, then the basic hourly rate of pay shall be the average basic hourly rate <br>which shall be determined by adding the basic hourly rates paid to all workers in the <br>classification and dividing by the total number of such workers; and
(2) An additional amount per hour equal to the hourly rate of contribution irrevocably
made or to be made by an employer on behalf of employees within each <br>classification of construction to a trustee or to a third person pursuant to an <br>enforceable commitment to carry out a financially responsible plan or program, <br>which was communicated in writing to the employees affected, for the following <br>fringe benefits: medical or hospital care, pensions on retirement, death <br>compensation for injuries or illness resulting from occupational activity or <br>insurance to provide any of the foregoing, unemployment benefits, life insurance, <br>disability and sickness insurance, accident insurance, vacation and holiday pay, <br>defraying costs of apprenticeship or other similar programs, or other bona fide <br>fringe benefits, but only where the employer is not required by other federal, state or <br>local law to provide any of such benefits: provided, said additional amount may, at <br>the discretion of the employer, be paid either in cash to the employee or by <br>contributions for fringe benefits, or partly in cash and partly by such contributions, <br>it being the intention of this subsection to recognize fringe benefits as a part of the <br>prevailing wage rate where made in accordance with this subsection.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1740, effective July 15, 2010. --
Amended 1982 Ky. Acts ch. 54, sec. 2, effective July 15, 1982. -- Amended 1974 <br>Ky. Acts ch. 341, sec. 2. -- Amended 1970 Ky. Acts ch. 33, sec. 2. -- Amended 1968 <br>Ky. Acts ch. 33, sec. 1. -- Created 1962 Ky. Acts ch. 173, sec. 1.
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