HAR §12-22-3. Procedure for wage rate schedules

(a) All schedules of wage rates for laborers and mechanics and any changes thereto shall be based on: (1) Surveys or methods which the director may deem necessary to obtain data for wage determinations; §12-22-3 22-8 (2) Wage determinations made by the Secretary of Labor, USDOL, under the Davis-Bacon Act (40 U.S.C. §§276a-276a-7); or (3) Both paragraphs (1) and (2). (b) Wage rate schedules shall be regularly issued on or about February 15 and September 15 of each year. Additional wage rate schedules, addenda, and notices of changes will be issued as the director deems necessary. (c) Requests for determination by the director of wage rates for classes of laborers and mechanics not listed on the current schedule of wage rates or for any change, modification, or review of wage rates shall be submitted by the governmental contracting agency or any interested party at least thirty calendar days before advertisement of the specifications for which the determination is sought. Exceptions from this provision shall be made only upon a proper showing in unusual circumstances. (d) Any increase in wage rates, as determined by the director and issued in the wage rate schedule, shall be applicable during the performance of the contract, in accordance with section 104-2(a) and (b), HRS. (e) No wage rate determined by the director shall be less than the rate established by the Secretary of Labor (USDOL) for the corresponding class. (f) Any changes to the wage rates shall be recognized by the director only upon complete and timely submission of the information, in accordance with this chapter. Notwithstanding the effective or adoption date of a collective bargaining agreement or rates contained therein, the effective date of these changes shall be the date of publication in the wage rate schedule and shall not be retroactive. [Eff 7/27/81; am and comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §§104-2, 104-31, 104-34) §12-22-5 22-9 §12-22-4 Method to determine fringe benefit hourly rates. In determining the hourly equivalent of a monthly rate of contribution for a fringe benefit, the monthly rate of contribution shall be divided by one hundred seventy-three hours and the quotient shall be the hourly rate. [Eff 7/27/81; comp 4/1/96; am and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2) §12-22-4.1 Method to determine overtime compensation rate. (a) In determining the hourly overtime compensation due a laborer or mechanic, the rate shall be computed by multiplying the basic hourly rate times the overtime multiplier according to the wage rate schedule classification and then adding the hourly fringe benefit rate. (b) No credit for fringe benefits made by monthly contributions as calculated in section 12-22- 4, is allowed in determining the overtime rate. [Eff and comp 7/23/18 ] (Auth: HRS §104-29) (Imp: HRS §104-2)