Section 170-13-I - Definitions For purposes of the law and these rules, the following words have these meanings:
A) "Appropriate circumstances", in relation to determination of a statewide market for a trade, means conditions of the labor market for the trade are such that a local or area rate cannot be determined using the procedure in Section IV(A) -(B).B) "Benefits" means payments, other than wages, made to a worker or to a defined contribution plan or other third party on behalf of the worker. Benefits includes, but is not limited to, health and welfare contributions, pension, individual retirement account or other retirement contributions, vacation and other accumulated leave, per diem in lieu of wages, and registered apprenticeship training and education. Benefits does not include any payments required by law or provision of goods or services primarily for the benefit or convenience of the employer, such as general training or use of a company vehicle for work-related use.C) "Board" means the Minimum Wage Rate on Construction Projects Board as established in Title 26 MRSA §1307-A and constituted in this chapter.D) "Bureau" means the Bureau of Labor Standards within the Department of Labor.E) "Contractor" means an owner, executive, or manager of a company performing work in the construction industry.F) "Days", as used in conjunction with the appellate process, means business days as scheduled by the Bureau.G) "Director" means the Director of the Bureau of Labor Standards.H) "Filing date" means the day on which the official wage determination is received by the requesting public agency or its representative.I) "Like construction" means the categories of construction as enumerated in Section III. In establishing these categories the Bureau will use the North American Industry Classification System (NAICS) adopted by the U. S. Office of Management and Budget in 2017 including an addendum by the U.S. Bureau of Labor Statistics called the "BLS-Only NAICS Codes" that adds residential and non-residential categories for the specialty trades in NAICS group 238. The Bureau may combine classifications at different levels based on Davis-Bacon usage, advice of the Board, and accepted opinions of other experts in the field.J) "Per diem in lieu of wages" means payments to a worker to cover personal expenses, that include, but are not limited to, meals, travel, and lodging, where the employer does not require a receipt or other documentation of actual expenses incurred by the worker.K) "Registered Apprentice" means a person who is employed in a craft recognized as an apprenticeable trade and is registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor as employed in accordance with the standards established by that Bureau, or is registered by the Bureau of Employment Services of the Maine Department of Labor and is employed in accordance with its standards. Registered Apprentice does not include the holder of an apprentice license as issued by the Maine Department of Professional and Financial Regulation.L) The term "2nd and 3rd week of July" means the 14 calendar-day period starting Sunday of the second full week in July. A full week runs from Sunday through Saturday. The period will start no earlier than July 8th nor no later than July 14th. M) "Temporary or emergency repairs" means construction activities that must be undertaken immediately upon discovery of the problem or the occurrence of the incident that caused the damage so as to prevent further damage or because the damage poses a threat to health and safety.N) "Trade" means a construction work activity engaged in by an individual worker. In establishing trade definitions the Bureau will be guided by the Standard Occupational Classification Manual, version 2018, published by the US Office of Management and Budget. The Bureau may also be guided by Davis-Bacon usage, advice of the Board, and accepted opinions of other experts in the field.O) "Wages" means payment(s) to the worker for work performed and includes bonuses and other payments based on work performance in accordance with Bureau and U. S. Department of Labor interpretations.P) "Worker" means a person engaged in a construction trade that is eligible for coverage under a wage determination. It includes a work leader with some supervisory responsibility but whose primary responsibility is trades work. It excludes owner-operators who qualify as bona fide independent contractors. 12-170 C.M.R. ch. 13, § I