Revised Code of Washington
Wash. Rev. Code § 39.12.015 (2026)
Industrial statistician to make determinations of prevailing rate
✓ current as of May 2026
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(1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries.
(2) The time period for recovery of any wages owed to a worker affected by the determination is tolled until the prevailing wage determination is final.
(3)(a) Except as provided in RCW 39.12.017, and notwithstanding RCW 39.12.010(1), the industrial statistician shall establish the prevailing rate of wage by adopting the hourly wage, usual benefits, and overtime paid for the geographic jurisdiction established in collective bargaining agreements for those trades and occupations that have collective bargaining agreements. For trades and occupations with more than one collective bargaining agreement in the county, the higher rate will prevail.
(b) For trades and occupations in which there are no collective bargaining agreements in the county, the industrial statistician shall establish the prevailing rate of wage as defined in RCW 39.12.010 by conducting wage and hour surveys. In instances when there are no applicable collective bargaining agreements and conducting wage and hour surveys is not feasible, the industrial statistician may employ other appropriate methods to establish the prevailing rate of wage.
Notes:
Intent—2019 c 29: "The legislature intends that the methodology for establishing the prevailing rates of wages under this act applies only to affordable housing, homeless and domestic violence shelters, and low-income weatherization and home rehabilitation programs." [ 2019 c 29 s 1.]
Effective date—2019 c 29: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2019]." [ 2019 c 29 s 5.]
Publication of wage rates—Effective date—2019 c 29: See note following RCW 39.12.017.
Notes of Decisions
Cited in 9
cases (4 in the last 5 years), 1978–2026 · leading case: Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024).
Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024). “This newer law, codified at RCW 39.12.015, currently provides: (3)(a) Except as provided in RCW 39.”
Se. Washington Bldg. & Constr. Trades Council v. Dep't of Labor & Indus., 586 P.2d 486 (Wash. 1978). “040) 1 and the industrial statistician is given the duty of determining what that wage is with respect to each trade and occupation (RCW 39.12.015). The intervenor Marley Company signed such an agreement when it contracted to build cooling towers for an atomic reactor.”
Supporters of the Ctr., Inc. v. Moore, 80 P.3d 618 (Wash. Ct. App. 2003). “RCW 39.12.015. The prevailing wage act (chapter 39.”
Ironworkers Dist. Council v. Woodland Park Zoo Plan. & Dev., 942 P.2d 1054 (Wash. Ct. App. 1997). “” RCW 39.12.015, 39.12.010(1). The respondents contend that the Ninth Circuit has already determined that ERISA preempts Washington’s prevailing wage statute in Local Union 598, Plumbers & Pipefitters Industry Journeymen & Apprentices Training Fund v.”
Associated Gen. Contractors Of Washington, V. Jay Inslee (Wash. Ct. App. 2021). “AGC appeals the superior court’s order granting summary judgment to the State. AGC argues that SSB 5493, codified as RCW 39.”
AK-WA, Inc. v. Dear, 832 P.2d 877 (Wash. Ct. App. 1992). “RCW 39.12.015. For the period beginning March 1, 1986, the industrial statistician had set the prevailing rate of wages based on the 1984 Metal Trades Council Collective Bargaining Agreement, which was effective until June 1986.”
Supporters of Ctr., Inc. v. Moore, 80 P.3d 618 (Wash. Ct. App. 2003). “RCW 39.12.015. The Prevailing Wage Act (chapter 39.”
Penhall Co. v. Dep't of Labor & Indus. (Wash. Ct. App. 2026). “RCW 39.12.015; RCW 43.22.260 to .270. Second, the missing witness doctrine is permissive not mandatory.”
In Re Det. Of A.r. (Wash. Ct. App. 2026). “3d 486 (2024) (noting that new statute governing use of collective bargaining agreements, RCW 39.12.015(3), did not revise or modify earlier statute).”
— Wash. Rev. Code § 39.12.015(1) — 3 cases
Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024). “This newer law, codified at RCW 39.12.015, currently provides: (3)(a) Except as provided in RCW 39.”
Associated Gen. Contractors Of Washington, V. Jay Inslee (Wash. Ct. App. 2021). “AGC appeals the superior court’s order granting summary judgment to the State. AGC argues that SSB 5493, codified as RCW 39.”
Penhall Co. v. Dep't of Labor & Indus. (Wash. Ct. App. 2026). “RCW 39.12.015; RCW 43.22.260 to .270. Second, the missing witness doctrine is permissive not mandatory.”
— Wash. Rev. Code § 39.12.015(3) — 3 cases
Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024). “This newer law, codified at RCW 39.12.015, currently provides: (3)(a) Except as provided in RCW 39.”
Associated Gen. Contractors Of Washington, V. Jay Inslee (Wash. Ct. App. 2021). “AGC appeals the superior court’s order granting summary judgment to the State. AGC argues that SSB 5493, codified as RCW 39.”
In Re Det. Of A.r. (Wash. Ct. App. 2026). “3d 486 (2024) (noting that new statute governing use of collective bargaining agreements, RCW 39.12.015(3), did not revise or modify earlier statute).”
— Wash. Rev. Code § 39.12.015(3)(a) — 2 cases
Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024). “This newer law, codified at RCW 39.12.015, currently provides: (3)(a) Except as provided in RCW 39.”
Associated Gen. Contractors Of Washington, V. Jay Inslee (Wash. Ct. App. 2021). “AGC appeals the superior court’s order granting summary judgment to the State. AGC argues that SSB 5493, codified as RCW 39.”
— Wash. Rev. Code § 39.12.015(3)(b) — 1 case
Assoc. Gen. Contractors of Wash. v. State, 544 P.3d 486 (Wash. 2024). “This newer law, codified at RCW 39.12.015, currently provides: (3)(a) Except as provided in RCW 39.”
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