When are a surveyor and his/her crew paid prevailing wage? According to the Bureau of Labor Law Compliance, if you have a contract with the owner, then you are not covered by prevailing wage. If you are working for the contractor on a Prevailing Wage job, then you are covered by prevailing wage. 

The prevailing wage law applies to public projects for construction, reconstruction, demolition, alteration or repair work, with an estimated cost in excess of $25,000. It does not apply to maintenance.

The regulations require that specifications for every contract for public work shall contain at least the following:

• Rates as predetermined by the Secretary, including contributions for employee benefits

• Stipulation that workers shall be paid at least the general prevailing minimum wage rates

• All contractor and subcontractor work performed on the contract is covered

• Contractor shall insert in each subcontract these required provisions:

• No workers may be employed on the project except in accordance with classifications determined by the Secretary.

• Wage rates as determined by the Secretary shall be posted the entire period of construction, including the effective date of increases.

• The contract shall provide that the contractor and subcontractors shall keep accurate records showing the name, classification, daily hours worked, actual rate paid (including employee benefits) and deductions made for a period of two years from date of payment. Records shall be open to the Secretary or his/her representative.

If you are working for the contractor, s/he is supposed to be paying you to pay your workers the prevailing wage. In cases where they are covered by prevailing wage, surveyors and their crews are classified as carpenters. The logic behind this is that the work performed--mostly construction stakeout--would otherwise be done by carpenters. Remember that the Engineer, Land Surveyor and Geologist Registration Law specifically states that licensure is not required for construction stakeout within established property boundaries.

Public projects may include private projects that use certain types of public financing. 

• Private projects that may be covered under the Prevailing Wage Act based on the Penn National Insurance Decision:

– Tax Increment Financed Projects

– Grants

– Loan forgiveness when part of the original loan terms and conditions would probably invoke Prevailing Wage coverage because it could be considered a grant in disguise. Public funds would ultimately pay for the construction costs

• Private projects that may not be covered under the Prevailing Wage Act based on the Penn National Insurance Decision:

– Government Loan Programs like PIDA and MEFL, because private developers would return the money to the public body. Therefore, the cost of the project ultimately is repaid by private funds, not public. The project then is not paid for in whole or in part out of public funds

– Tax forgiveness projects

– Tax abatement projects

For more information about Prevailing Wage, contact the Bureau of Labor Law Compliance at (800) 932-0665.