HB5538 Summary: Prevailing Wage Act Amendments

• Expands prevailing wage requirements to include employees of public bodies when engaged in public works on behalf of other public bodies, requiring them to receive the general prevailing hourly rate for work of similar character in their locality.

• Extends the definition of "public works" to include fixed works constructed or demolished by a public body on behalf of another public body.

• Requires contractors, subcontractors, and public bodies performing public works to maintain certified payroll records for 5 years (payments made after January 1, 2014) and file monthly certified payrolls containing detailed worker information including wages, hours, classification, and fringe benefits.

• Makes willful failure to file certified payroll or filing false payroll information a Class A misdemeanor; workers paid below prevailing wage rates can sue for underpayment plus attorney's fees and punitive damages.

• Applies penalties to public bodies engaged in construction on behalf of other public bodies the same as contractors and subcontractors, including liability to the Department of Labor for 20% of underpayments (or 50% for repeated violations) and monthly penalty amounts.