New Guidelines May Apply Ohio Prevailing Wage to More Projects

September 18, 2008

The Ohio Department of Commerce, which enforces Ohio’s prevailing wage law, recently issued guidance stating that even on an otherwise privately financed construction project, workers must be paid prevailing wages whenever a public entity contributes funding or other direct support to the project.

This interpretation of Ohio’s prevailing wage law will likely result in more projects being subject to Ohio’s prevailing wage requirements. The Department’s guidelines will apply to all private projects financed with or supported by public funds on or after October 15, 2008.

The guidelines provide common scenarios to demonstrate when public funds are used on private projects and give examples of hypothetical projects and funding sources that would or would not result in the application of prevailing wage requirements. A copy of the guidelines can be obtained from the Department’s website: http://www.com.ohio.gov/laws/docs/laws_PartnershipGuidelines.pdf

If you are associated with a project that is receiving or being supported by public funds, you will likely be impacted by the Department’s guidelines and may have to pay the prevailing rate of wages in your area. If you have questions about the impact of these guidelines on a project with which you are associated or have other prevailing wage questions, please contact the Frost Brown Todd Labor and Employment Department .

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