Ohio § 4115.05
Full text of Ohio Ohio Revised Code § 4115.05, with citation guidance and answers to common questions.
§ 4115.05.
The prevailing rate of wages to be paid for a legal day's work, as prescribed in section 4115.04 of the Revised Code , to laborers, workers, or mechanics upon public works shall not be less at any time
during the life of a contract for the public work than the prevailing rate of wages
then payable in the same trade or occupation in the locality where such public work
is being performed, under collective bargaining agreements or understandings, between
employers and bona fide organizations of labor in force at the date the contract for
the public work, relating to the trade or occupation, was made, and collective bargaining
agreements or understandings successor thereto. Serving laborers, helpers, assistants and apprentices shall not be classified as common
labor and shall be paid not less at any time during the life of a contract for the
public work than the prevailing rate of wages then payable for such labor in the locality
where the public work is being performed, under or as a result of collective bargaining
agreements or understandings between employers and bona fide organizations of labor
in force at the date the contract for the public work, requiring the employment of
serving laborers, helpers, assistants, or apprentices, was made, and collective bargaining
agreements or understandings successor thereto. Apprentices will be permitted to work only under a bona fide apprenticeship program
if such program exists and is registered with the Ohio apprenticeship council. The allowable ratio of apprentices to skilled workers permitted to work shall not
be greater than the ratio allowed the contractor or subcontractor in the collective
bargaining agreement or understanding referred to in this section under which the
work is being performed. A contractor, subcontractor, or public authority that exceeds the permissible ratio
of apprentices to skilled workers by two or fewer apprentices for not more than two
days in any thirty-day period shall not be found in violation of this provision with
regard to that excess number of apprentices. For purposes of establishing the prevailing rate of wages, a labor organization that
is a party to a collective bargaining agreement, contract, or understanding, including
any successor agreement, contract, or understanding, that establishes wages for a
trade or occupation typically employed on public improvements shall file with the
director of commerce all relevant portions of any such agreement, contract, or understanding
to which the labor organization is a party. The filing shall occur within ninety days after the agreement, contract, or understanding
is executed, except that the relevant portion of any agreement, contract, or understanding
to which a labor organization is a party on the effective date of this amendment shall
be filed within ninety days after the effective date of this amendment. The labor organization shall certify under penalty of law that the portion of the
agreement, contract, or understanding filed under this section contains, in full,
all provisions of the agreement, contract, or understanding concerning wages paid
to persons and the apprentice to skilled worker ratio under the agreement, contract,
or understanding. In the event there is no such collective bargaining agreement or understanding in
the immediate locality, then the prevailing rates of wages in the nearest locality
in which such collective bargaining agreements or understandings are in effect shall
be the prevailing rate of wages, in such locality, for the various occupations covered
by sections 4115.03 to 4115.16 of the Revised Code . The prevailing rate of wages to be paid for a legal day's work, to laborers, workers,
or mechanics, upon any material to be used in or in connection with a public work,
shall be not less than the prevailing rate of wages payable for a day's work in the
same trade or occupation in the locality within the state where such public work is
being performed and where the material in its final or completed form is to be situated,
erected, or used. Every contract for a public work shall contain a provision that each laborer, worker,
or mechanic, employed by such contractor, subcontractor, or other person about or
upon such public work, shall be paid the prevailing rate of wages provided in this
section. No contractor or subcontractor under a contract for a public work shall sublet any
of the work covered by such contract unless specifically authorized to do so by the
contract. Where contracts are not awarded or construction undertaken within ninety days from
the date of the establishment of the prevailing rate of wages, there shall be a redetermination
of the prevailing rate of wages before the contract is awarded. A public authority shall, within seven working days after receiving from the director
a notice of a change in the prevailing wage rate, notify all affected contractors
and subcontractors with whom the public authority has contracts for a public improvement
of the changes and require the contractors to make the necessary adjustments in the
prevailing wage rates. If, upon receipt of the relevant portions of a collective bargaining agreement, contract,
or understanding, the director determines that the prevailing wage rate has changed
in the locality in which an ongoing project is being constructed, any change in that
rate shall take effect two weeks after the director receives the relevant portions
of the agreement, contract, or understanding showing that the prevailing wage rate
has changed. If the director determines that a contractor or subcontractor has violated sections 4115.03 to 4115.16 of the Revised Code because the public authority has not notified the contractor or subcontractor as
required by this section, the public authority is liable for any back wages, fines,
damages, court costs, and attorney's fees associated with the enforcement of said
sections by the director for the period of time running until the public authority
gives the required notice to the contractor or subcontractor. On the occasion of the first pay date under a contract, the contractor or subcontractor
shall furnish each employee not covered by a collective bargaining agreement or understanding
between employers and bona fide organizations of labor with individual written notification
of the job classification to which the employee is assigned, the prevailing wage determined
to be applicable to that classification, separated into the hourly rate of pay and
the fringe payments, and the identity of the prevailing wage coordinator appointed
by the public authority. The contractor or subcontractor shall furnish the same notification to each affected
employee every time the job classification of the employee is changed.
Frequently Asked Questions About Ohio § 4115.05
What does Ohio Revised Code § 4115.05 cover?
Section 4115.05 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4115.05?
A common citation format is "Ohio Revised Code § 4115.05" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4115.05 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.