What does Washington's prevailing wage law require of a contractor?
On a Washington public work every laborer is paid at least the prevailing rate for the trade and county. Each contractor and subcontractor files an approved statement of intent before any payment, certified payroll every 1 month, and an affidavit of wages paid before the retainage is released. Larger jobs carry apprentice hours too.
The duties, in the library's order
| Duty | Window and section | If missed |
|---|---|---|
| Pay every laborer, worker and mechanic on a public work at least the prevailing rate of wage for the trade in the county where the work is done | none setRCW 39.12.010(1)-(3), (6), 39.12.015, 39.12.020, 39.12.021, 39.12.065(1)-(6) | a breach of contractLapsed compliance |
| File a Statement of Intent to Pay Prevailing Wages, approved by the department of labor and industries, before the public body makes any payment on the contract | none setRCW 39.12.040(1)(a), (b), (2)(a), 39.12.050(1), (2), 39.12.070(2) | a breach of contractLapsed compliance |
| On a contract over USD 10,000, post the approved statement of intent and the industrial statistician's address and telephone number where workers can readily see them at the jobsite | none setRCW 39.12.020, 39.12.050(1) | a breach of contractLapsed compliance |
| After final acceptance, file an Affidavit of Wages Paid, certified by the department of labor and industries, before the retainage is released | none setRCW 39.12.040(1)(b), (2)(b), 39.12.050(1) | a breach of contractLapsed compliance |
| File certified payroll records for each public works project with the department of labor and industries at least once a month | 1 monthRCW 39.12.120(2)-(4), 39.12.050(1) | a breach of contractLapsed compliance |
| Keep accurate payroll records for each worker on a public works project for 3 years from the date the awarding agency accepts the project | 36 monthsRCW 39.12.120(1), (4), 39.12.110 | a breach of contractLapsed compliance |
| On a public work at or above the awarding body's cost threshold, have no less than 15% of the labor hours performed by apprentices, as the contract specifications require | none setRCW 39.04.320(1)-(4), (8), (9); 39.12.055(3) | a breach of contractLapsed compliance |
| On a project subject to apprentice utilization, give the awarding agency an apprentice utilization plan before receiving the notice to proceed | none setRCW 39.04.350(3), (4)(e) | a breach of contractLapsed compliance |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
Pay every laborer, worker and mechanic on a public work at least the prevailing rate of wage for the trade in the county where the work is done
RCW 39.12.010(1)-(3), (6), 39.12.015, 39.12.020, 39.12.021, 39.12.065(1)-(6) · none set · a breach of contract
- The prevailing rate is the hourly wage, usual benefits and overtime the industrial statistician of the department of labor and industries sets for the trade, and the locality is the largest city in the county where the physical work is performed (RCW 39.12.010(1)-(3), 39.12.015).
- A contractor or subcontractor found to have underpaid owes the unpaid wages with interest at 1% per month and a civil penalty of the greater of USD 5,000 and 50% of the violation found on the contract, and may not bid on any public works contract until the penalty is paid; a second violation within five years adds a two year bar (RCW 39.12.065(1), (3)).
- A complaint is filed with the department within 60 days from the acceptance date of the project, and the department may still recover unpaid wages within two years from acceptance (RCW 39.12.065(1)).
File a Statement of Intent to Pay Prevailing Wages, approved by the department of labor and industries, before the public body makes any payment on the contract
RCW 39.12.040(1)(a), (b), (2)(a), 39.12.050(1), (2), 39.12.070(2) · none set · a breach of contract
- Before any sum due on a public works contract is paid, the disbursing officer must require a statement from the contractor and from each subcontractor at every tier (RCW 39.12.040(1)(a)).
- Failing to file, or filing a false statement, forfeits a civil penalty of USD 500 for each filing, after a hearing, and bars bidding on any public works contract until it is paid; a second finding within five years adds a one year bar (RCW 39.12.050(1), (2)).
- The statute sets no day count: the deadline is the first payment.
On a contract over USD 10,000, post the approved statement of intent and the industrial statistician's address and telephone number where workers can readily see them at the jobsite
RCW 39.12.020, 39.12.050(1) · none set · a breach of contract
- On road construction, sewer line, pipeline, transmission line, street or alley improvement projects with no field office, the statement may be posted at the contractor's local office or its gravel crushing, concrete or asphalt batch plant, if a copy is given to any employee who asks (RCW 39.12.020).
- Failing to post a document the chapter requires forfeits a civil penalty of USD 500 for each failure, after a hearing, and bars bidding on any public works contract until it is paid (RCW 39.12.050(1)).
After final acceptance, file an Affidavit of Wages Paid, certified by the department of labor and industries, before the retainage is released
RCW 39.12.040(1)(b), (2)(b), 39.12.050(1) · none set · a breach of contract
- Following final acceptance, the disbursing officer requires an affidavit from the contractor and from each subcontractor at every tier before releasing the funds retained under RCW 60.28.011; where no retainage is withheld, the affidavit is due before final acceptance (RCW 39.12.040(1)(b)).
- If a subcontractor that has ceased operations or failed to file does not submit one, the contractor or subcontractor it contracted with may file on its behalf, and in doing so accepts responsibility for any prevailing wages that subcontractor left unpaid; filing a false affidavit for it carries the RCW 39.12.050 penalties (RCW 39.12.040(1)(b)).
File certified payroll records for each public works project with the department of labor and industries at least once a month
RCW 39.12.120(2)-(4), 39.12.050(1) · 1 month · a breach of contract
- Filing is through the department's online system or, if that is not used, directly with the department in a format it approves (RCW 39.12.120(2)).
- The statute says at least once per month and fixes no filing day within the month.
Keep accurate payroll records for each worker on a public works project for 3 years from the date the awarding agency accepts the project
RCW 39.12.120(1), (4), 39.12.110 · 36 months · a breach of contract
- A contractor that fails to provide records, or to allow adequate inspection, within 60 calendar days of service of the department's request in an investigation may not use them in any proceeding under the chapter to challenge the department's determination (RCW 39.12.110).
On a public work at or above the awarding body's cost threshold, have no less than 15% of the labor hours performed by apprentices, as the contract specifications require
RCW 39.04.320(1)-(4), (8), (9); 39.12.055(3) · none set · a breach of contract
- The duty binds through the contract: the statute requires the specifications to set the 15%, and the contract to carry a line item saying the goals should be met, with monetary incentives for meeting them, monetary penalties for not meeting them and an expected cost value to be included in the bid (RCW 39.04.320(1), (4)(b)).
- The thresholds, by estimated cost: USD 1,000,000 for public works of the state from 1 January 2005, of a school district on contracts advertised from 1 January 2010 and of a four-year institution of higher education from 1 January 2012; USD 2,000,000 for the department of transportation on contracts advertised from 1 July 2020; and for a municipality USD 2,000,000 from 1 July 2024, USD 1,500,000 on contracts advertised from 1 July 2026 and USD 1,000,000 from 1 July 2028 (RCW 39.04.320(1)).
- A contractor or subcontractor may not be required to exceed the requirement (RCW 39.04.320(8)), but a local law more favorable to apprentices still applies on a municipality's contracts (RCW 39.04.320(9)).
On a project subject to apprentice utilization, give the awarding agency an apprentice utilization plan before receiving the notice to proceed
RCW 39.04.350(3), (4)(e) · none set · a breach of contract
- Required in addition to the bidder responsibility criteria (RCW 39.04.350(3)(a)).
- The statute sets no day count for the plan itself: the deadline is the notice to proceed.
What this page is, and is not
It is the section text this library holds for Washington State, read from the Revised Code of Washington and the Washington Administrative Code, among them chapter 39.12 RCW, chapter 60.04 RCW and chapter 19.122 RCW, with the window and the consequence. It is not legal advice, and it is not a substitute for reading the statutes, the contract you signed and its specifications.
Demiton does not track jobs in Washington yet. These pages set out the duties the library holds for a Washington job, so you can check your own.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.