Wisconsin Statutes
Wis. Stat. § 66.0903 (2026)
Prevailing wage
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66.0903(1)(d)(d) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
66.0903(1)(f)(f) “Prevailing hours of labor” has the meaning given in s. 16.856 (1) (e), 2015 stats.
66.0903(1)(g)(g) “Prevailing wage rate” includes the meanings given under s. 66.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f), 2015 stats.
66.0903(1)(h)(h) “Publicly funded private construction project” means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. “Publicly funded private construction project” does not include a project of public works.
66.0903(1m)(b)(b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the repeals of s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state.
66.0903(1m)(c)(c) A local governmental unit may not enact and administer an ordinance or other enactment requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor or any similar ordinance or enactment. Any such ordinance or other enactment that is in effect on July 1, 2011, is void.
66.0903 HistoryHistory: 1971 c. 154, 307; 1973 c. 181; 1977 c. 29; 1985 a. 159; 1989 a. 56, 228; 1991 a. 316; 1993 a. 112, 399; 1995 a. 27 ss. 3318, 3319, 9130 (4); 1995 a. 215; 1997 a. 3, 35; 1999 a. 70; 1999 a. 150 s. 335; Stats. 1999 s. 66.0903; 1999 a. 186 ss. 51 to 60; 2009 a. 28, 276; 2011 a. 32, 259; 2015 a. 55; 2017 a. 59.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2004–2021 · leading case: Kruczek v. Wisconsin Dep't of Workforce Dev., 2005 WI App 12, 692 N.W.2d 286.
Kruczek v. Wisconsin Dep't of Workforce Dev., 2005 WI App 12, 692 N.W.2d 286. “Municipal projects are subject to the "prevailing wage" rules of Wis. Stat. § 66.0903 . 1 On January 7,1999, a prevailing wage complaint was filed with DWD on behalf of Kruczek's former employee Justin Francken.”
State Bldg. & Constr. Trades Council v. City of Vista, 279 P.3d 1022 (Cal. 2012). “…§ 161 [for state construction projects]; Wn. Rev. Code. §§ 39.12.010 to 39.12.900; W.Va. Code §§ 21-5A-1 to 21-5A-11; Wis. Stat. § 66.0903 ; Wyo. Stat. Ann. §§ 27-4-401 to 27-4-413; see also Guam Code Ann., tit. 5, ch. 50, § 50105.) 5 See the Davis-Bacon Act ( 46 Stat. 1494 ,…”
Frank Bros. v. Wisconsin Dep't of Transp., 409 F.3d 880 (7th Cir. 2005). “Wis. Stat. §§ 66.0903 (municipal .projects), 103.”
Mata v. Wisconsin Dep't of Child. & Families, 2014 WI App 69, 849 N.W.2d 908. “The Department of Workforce Development issued a decision debarring Kruczek, a contractor, from bidding on municipal and state public works projects for six months based on violations of the "prevailing wage" rules of Wis. Stat. § 66.0903 . Kruczek, 278 *494 Wis.”
Dumas v. Koebel, 2013 WI App 152, 841 N.W.2d 319. “49, titled "Wage rate on state work," concerns pay rates for state public works projects (formatting omitted). Wisconsin Stat. § 103.50, titled "Highway contracts," concerns pay rates for highway projects (formatting omitted).”
Reilly, Michael v. Century Fence Co., 527 F. Supp. 3d 1003 (W.D. Wis. 2021). “See Wis. Stat. §§ 66.0903 , 103.49.2 Plaintiffs contend that both the FLSA and Wisconsin law require Century Fence to include payments designated as cash fringe in the overtime calculation on such projects.”
Frank Bros. v. WI Dept Trans, No. 03-3207 (7th Cir. June 3, 2005). “Wis. Stat. §§ 66.0903 (municipal projects), 103.”
Wis. Stat. § 66.0903(12)(e): 1 case
Kruczek v. Wisconsin Dep't of Workforce Dev., 2005 WI App 12, 692 N.W.2d 286. “Municipal projects are subject to the "prevailing wage" rules of Wis. Stat. § 66.0903 . 1 On January 7,1999, a prevailing wage complaint was filed with DWD on behalf of Kruczek's former employee Justin Francken.”
Wis. Stat. § 66.0903(4)(a): 1 case
Reilly, Michael v. Century Fence Co., 527 F. Supp. 3d 1003 (W.D. Wis. 2021). “See Wis. Stat. §§ 66.0903 , 103.49.2 Plaintiffs contend that both the FLSA and Wisconsin law require Century Fence to include payments designated as cash fringe in the overtime calculation on such projects.”
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