Labor classification requirements
A laborer or mechanic (worker) who is performing work duties that are considered manual or physical in nature under a contract that is funded in whole or part with state and/or federal funds is subject to the Minnesota Prevailing Wage Act and/or the Federal Davis-Bacon and Related Acts.
Classifications of labor include: laborers, specialty equipment operators, heavy equipment operators, truck drivers and specialty crafts (i.e., carpenters, electricians, ironworkers, sheet metal workers, etc.).
The term laborer or mechanic does not include workers whose duties are primarily administrative, executive, or clerical in nature.
Contractor must determine an appropriate classification of labor
Pursuant with the state and federal prevailing wage laws, a contractor must assign a worker a classification of labor whose duties/tasks are similar to those performed by the laborer or mechanic, regardless of the worker’s skill level. For help, review the links under Classification References.
If a labor classification cannot be determined
- The contractor shall contact the Labor Compliance Unit for assistance.
- If the contractor disputes the recommendation provided, the contractor shall complete and submit the one of the forms below to the MnDOT project engineer via the Prime contractor.
- MN DLI Classification Clarification Request Form (PDF) – This form is submitted MnDOT project engineer who forwards the request to MnDOT LCU (for tracking) who will forward to the MN Department of Labor and Industry for processing; a determination should be provided within two weeks.
- Request for Authorization of Additional Classification and Rate Form (PDF)
- Submission chain because signatures are needed. 1. Requesting contractor 2. Prime Contractor 3. Project Engineer 4. LCU for tracking, who will be forward to the United States Department of Labor for processing;
- A determination should be provided within 30 days.
- Once a decision is issued, the prime contractor will be notified and then must post the conformed classification and wage rate documents on the poster board. Contractors needing clarification regarding the completion of the form should refer to the Request for Authorization of Additional Classification and Rate Form Instructions (Word).