|
4 . Apprentices and Trainees ( Programs of the U . S . DOL) and Division determines that there is an apprenticeship program associ-
<br /> Helpers : ated with the corresponding journeyman-level wage rate on the wage
<br /> determination which provides for less than full fringe benefits for
<br /> a . Apprentices : apprentices , in which case such trainees shall receive the same
<br /> ( 1 ) Apprentices will be permitted to work at less than the fringe benefits as apprentices.
<br /> predetermined rate for the work they performed when they are (4 ) In the event the Employment and Training Administra-
<br /> employed pursuant to and individually registered in a bona fide tion withdraws approval of a training program , the
<br /> contractor or
<br /> apprenticeship program registered with the DOL , Employment and subcontractor will no longer be permitted to utilize trainees at less
<br /> Training Administration , Bureau of Apprenticeship and Training , or than the applicable predetermined rate for the work performed until
<br /> with a State apprenticeship agency recognized by the Bureau , or if a an acceptable program is approved .
<br /> person is employed in his/her first 90 days of probationary employ-
<br /> ment as an apprentice in such an apprenticeship program , who is not c. Helpers :
<br /> individually registered in the program , but who has been certified by
<br /> the Bureau of Apprenticeship and Training or a State apprenticeship Helpers will be permitted to work on a project if the helper
<br /> agency (where appropriate ) to be eligible for probationary employ- classification is specified and defined on the applicable
<br /> wage
<br /> ment as an apprentice . determination or is approved pursuant to the conformance procedure
<br /> set forth in Section IV.2 . Any worker listed on a payroll at a helper
<br /> (2 ) The allowable ratio of apprentices to journeyman-level wage rate, who is not a helper under a approved definition , shall be
<br /> employees on the job site in any craft classification shall not be paid not less than the applicable wage rate on the
<br /> wage determina-
<br /> greater than the ratio permitted to the contractor as to the entire work tion for the classification of work actually performed .
<br /> force under the registered program . Any employee listed on a payroll
<br /> at an apprentice wage rate , who is not registered or otherwise 5 . Apprentices and Trainees ( Programs of the U
<br />. S . DOT) :
<br /> employed as stated above , shall be paid not less than the applicable
<br /> wage rate listed in the wage determination for the classification of Apprentices and trainees working under apprenticeship and skill
<br /> work actually performed . In addition , any apprentice performing work training programs which have been certified by the Secretary
<br /> of
<br /> on the job site in excess of the ratio permitted under the registered Transportation as promoting EEO in connection with
<br /> Federal-aid
<br /> program shall be paid not less than the applicable wage rate on the highway construction programs are not subject to the requirements
<br /> wage determination for the work actually performed . Where a of paragraph 4 of this Section IV. The straight time hourly wage rates
<br /> contractor or subcontractor is performing construction on a project in for apprentices and trainees under such programs will be established
<br /> a locality other than that in which its program is registered , the ratios by the particular programs. The ratio of apprentices and
<br />trainees to
<br /> and wage rates (expressed in percentages of the journeyman-level journeymen shall not be greater than permitted by the terms of the
<br /> hourly rate ) specified in the contractor's or subcontractor's registered particular program .
<br /> program shall be observed .
<br /> (3) Every apprentice must be paid at not less than the rate 6 . Withholding :
<br /> specified in the registered program for the apprentice's level of The SHA shall upon its own action or upon written request
<br /> of
<br /> progress , expressed as a percentage of the journeyman-level hourly an authorized representative of the DOL withhold , or cause to be
<br /> rate specified in the applicable wage determination . Apprentices withheld , from the contractor or subcontractor under this contract
<br /> or
<br /> shall be paid fringe benefits in accordance with the provisions of the any other Federal contract with the same prime contractor, or
<br /> any
<br /> apprenticeship program . If the apprenticeship program does not other Federally-assisted contract subject to Davis-Bacon prevailing
<br /> specify fringe benefits , apprentices must be paid the full amount of wage requirements which is held by the same prime contractor,
<br /> as
<br /> fringe benefits listed on the wage determination for the applicable much of the accrued payments or advances as may be considered
<br /> classification . If the Administrator for the Wage and Hour Division necessary to pay laborers and mechanics , including
<br />apprentices ,
<br /> determines that a different practice prevails for the applicable trainees , and helpers , employed by the contractor or any subcontrac-
<br /> apprentice classification , fringes shall be paid in accordance with that for the full amount of wages required by the contract. In the event
<br /> of
<br /> determination . failure to pay any laborer or mechanic, including any apprentice ,
<br /> trainee , or helper, employed or working on the site of the work, all or
<br /> (4 ) In the event the Bureau of Apprenticeship and Training , part of the wages required by the contract, the SHA contracting officer
<br /> or a State apprenticeship agency recognized by the Bureau , with- may, after written notice to the contractor, take such action as may
<br /> be
<br /> draws approval of an apprenticeship program , the contractor or necessary to cause the suspension of any further payment, advance ,
<br /> subcontractor will no longer be permitted to utilize apprentices at less or guarantee of funds until such violations have ceased .
<br /> than the applicable predetermined rate for the comparable work
<br /> performed by regular employees until an acceptable program is 7 . Overtime Requirements :
<br /> approved .
<br /> No contractor or subcontractor contracting for any part of the
<br /> b . Trainees : contract work which may require or involve the employment of
<br /> laborers, mechanics , watchmen , or guards ( including apprentices ,
<br /> ( 1 ) Except as provided in 29 CFR 5 . 16 , trainees will not be trainees , and helpers described in paragraphs 4 and 5 above) shall
<br /> permitted to work at less than the predetermined rate for the work require or permit any laborer, mechanic, watchman , or guard
<br />in any
<br /> performed unless they are employed pursuant to and individually workweek in which he/she is employed on such work ,
<br />to work in
<br /> registered in a program which has received prior approval , evidenced excess of 40 hours in such workweek unless such laborer, mechanic,
<br /> by formal certification by the DOL , Employment and Training watchman , or guard receives compensation at a rate
<br /> not less than
<br /> Administration . one-and -one-half times his/her basic rate of pay for all hours worked
<br /> in excess of 40 hours in such workweek .
<br /> (2 ) The ratio of trainees to journeyman-level employees on
<br /> the job site shall not be greater than permitted under the plan 8 . Violation :
<br /> approved by the Employment and Training Administration . Any
<br /> employee listed on the payroll at a trainee rate who is not registered Liability for Unpaid Wages ; Liquidated Damages : In the event
<br /> and participating in a training plan approved by the Employment and of any violation of the clause set forth in paragraph 7 above
<br />, the
<br /> Training Administration shall be paid not less than the applicable contractor and any subcontractor responsible thereof shall be
<br /> liable
<br /> wage rate on the wage determination for the classification of work to the affected employee for his/her unpaid wages . In addition ,
<br /> such
<br /> actually performed . In addition , any trainee performing work on the contractor and subcontractor shall be liable to the United States
<br /> ( in
<br /> job site in excess of the ratio permitted under the registered program the case of work done under contract for the District of Columbia or
<br /> shall be paid not less than the applicable wage rate on the wage a territory, to such District or to such territory) for liquidated
<br /> damages .
<br /> determination for the work actually performed . Such liquidated damages shall be computed with respect to each
<br /> individual laborer, mechanic, watchman , or guard employed in
<br /> ( 3) Every trainee must be paid at not less than the rate violation of the clause set forth in paragraph 7 , in the sum of
<br />$ 10 for
<br /> specified in the approved program for his/her level of progress , each calendar day on which such employee was required or
<br /> permit-
<br /> expressed as a percentage of the journeyman- level hourly rate ted to work in excess of the standard work week of 40 hours without
<br /> specified in the applicable wage determination . Trainees shall be payment of the overtime wages required by the clause set forth
<br /> in
<br /> paid fringe benefits in accordance with the provisions of the trainee paragraph 7.
<br /> program . If the trainee program does not mention fringe benefits ,
<br /> trainees shall be paid the full amount of fringe benefits listed on the 9 . Withholding for Unpaid Wages and Liquidated Damages :
<br /> wage determination unless the Administrator of the Wage and Hour
<br /> Page 4 Form FHWA- 1273 ( Rev . 3-94 )
<br />
|