New Regulation Issued Concerning Prevailing Wage Requirements for Construction Work on Public Utilities

On January 19, the New Jersey Department of Labor and Workforce Development adopted a new regulation, N.J.A.C. 12:66, which effectuates a law enacted in 2008 (N.J.S.A. 34:13B-2.1) requiring contractors to pay prevailing wage rates for workers performing construction work on New Jersey public utilities. The regulation provides that contracts for construction work on a public utility (entered into after July 13, 2008) must state: (1) the applicable prevailing wage rates; (2) that workers will be paid the applicable prevailing wage rates; and (3) that only workers who have completed OSHA-certified safety training particular to their jobs will be employed on the site. Where, during a given workweek, employees work in multiple job classifications and two or more rates of pay apply, contractors must pay the higher rate for all hours worked unless the contractors’ records clearly delineate which hours of work were spent engaged in each class of work.