Plumbing Industry Council

Missouri Prevailing Wage...Use of MO Labor, 03/02/2009
Due to the increased levels of unemployment levels, Missouri state statute(s) mandate the use of Missouri laborers and laborers from nonrestrictive states on all public works projects. Effective immediately, only Missouri laborers and laborers from nonrestrictive states are allowed by law to be employed on Missouri’s public works projects when the unemployment rate exceeds 5% for two consecutive months pursuant to state statute. For the last two months the unemployment rate has exceeded 5%. This requirement will stay in place until such time the unemployment rate drops below 5%. Please be advised this applies to all projects out for bid, and being awarded. It does not apply to projects already contracted and/or underway. A “Missouri laborer” is defined by statute as any person who has resided in Missouri for at least thirty days and intends to become or remain a Missouri resident. A nonrestrictive state is defined by statute as persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission. Illinois is a restrictive state, which means those persons who live in Illinois are prohibited from working on Missouri public works projects as referenced above. If the statute is not followed, RSMO 290.580 provides for injunctive relief against the awarding or continuation of work under any public works contract. Monetary penalties could be assessed by the courts. All contractors are encouraged to contact legal counsel for additional guidance on this issue. For a list of nonrestrictive states, please contact the Association office (314-770-0093). Thank you.