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will be required to collect and report training data. The of paragraph 1 A . of this section; also, regular contributions
<br /> employment data should reflect the work force on board during made or costs incurred for more than a weekly period (but not
<br /> all or any part of the last payroll period preceding the end of less often than quarterly) under plans, funds, or programs
<br /> July. which cover the particular weekly period, are deemed to be
<br /> constructively made or incurred during such weekly period .
<br /> Such laborers and mechanics shall be paid the appropriate
<br /> III. NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
<br /> the classification of work actually performed, without regard to
<br /> This provision is applicable to all Federal4d construction skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
<br /> contracts and to all related construction subcontracts of mechanics performing work in more than one classification
<br /> $10,000 or more. may be compensated at the rate specified for each
<br /> classification for the time actually worked therein: Provided,
<br /> The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
<br /> employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
<br /> the basis of race, color, religion, sex, or national origin cannot The wage determination (including any additional classification
<br /> result. The contractor may neither require such segregated and wage rates conformed under paragraph 1 .b. of this
<br /> use by written or oral policies nor tolerate such use by section) and the Davis-Bacon poster (WH-1321 ) shall be
<br /> employee custom. The contractor's obligation extends further posted _at all times by the contractor and its subcontractors at .
<br /> to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
<br /> services at any location , under the contractor's control, where it can be easily seen by the workers.
<br /> the facilities are segregated . The term "facilities" includes
<br /> waiting rooms, work areas, restaurants and other eating areas, b. (1 ) The contracting officer shall require that any class of
<br /> time clocks, restrooms, washrooms, locker rooms, and other laborers or mechanics, including helpers , which is not listed in
<br /> storage or dressing areas, parking lots , drinking fountains, the wage determination and which is to be employed under the
<br /> recreation or entertainment areas, transportation, and housing contract shall be classed in conformance with the wage
<br /> provided for employees. The contractor shall provide separate determination. The contracting officer shall approve an
<br /> or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
<br /> areas to assure privacy between sexes. therefore only when the following criteria have been met:
<br /> IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i) The work to be performed by the classification
<br /> requested is not performed by a classification in the wage
<br /> This section is applicable to all Federal-aid construction determination; and
<br /> projects exceeding $2,000 and to all related subcontracts and
<br /> lower-tier subcontracts (regardless of subcontract size). The (ii) The classification is utilized in the area by the
<br /> requirements apply to all projects located within the right-of- construction industry; and
<br /> way of a roadway that is functionally classified as Federal-aid
<br /> highway. This excludes roadways functionally classified as (III) The proposed wage rate, including any bona fide
<br /> local roads or rural minor collectors, which are exempt. fringe benefits, bears a reasonable relationship to the
<br /> Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination.
<br /> other projects.
<br /> The following provisions are from the U .S. Department of (2) If the contractor and the laborers and mechanics to be
<br /> Labor regulations in 29 CFR 5.5 "Contract provisions and employed in the classification (if known), or their
<br /> related matters" with minor revisions to conform to the FHWA- representatives, and the contracting officer agree on the
<br /> 1273 format and FHWA program requirements. classification and wage rate (including the amount
<br /> designated for fringe benefits where appropriate), a report of
<br /> the action taken shall be sent by the contracting officer to the
<br /> 1 . Minimum wages Administrator of the Wage and Hour Division, Employment
<br /> Standards Administration, U .S. Department of Labor,
<br /> a. All laborers and mechanics employed or working upon Washington, DC 20210. The Administrator, or an authorized
<br /> the site of the work, will be paid unconditionally and not less representative, will approve, modify, or disapprove every
<br /> often than once a week, and without subsequent deduction or additional classification action within 30 days of receipt and
<br /> rebate on any account (except such payroll deductions as are so advise the contracting officer or will notify the contracting
<br /> permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
<br /> under the Copeland Act (29 CFR part 3)), the full amount of necessary.
<br /> wages and bona fide fringe benefits (or cash equivalents
<br /> thereof) due at time of payment computed at rates not less (3) In the event the contractor, the laborers or mechanics
<br /> than those contained in the wage determination of the to be employed in the classification or their representatives,
<br /> Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
<br /> hereof, regardless of any contractual relationship which may classification and wage rate (including the amount
<br /> be alleged to exist between the contractor and such laborers designated for fringe benefits, where appropriate), the
<br /> and mechanics. contracting officer shall refer the questions, including the
<br /> views of all interested parties and the recommendation of the
<br /> Contributions made or costs reasonably anticipated for bona contracting officer, to the Wage and Hour Administrator for
<br /> fide fringe benefits under section 1 (b)(2) of the Davis-Bacon determination. The Wage and Hour Administrator, or an
<br /> Act on behalf of laborers or mechanics are considered wages authorized representative, will issue a determination within
<br /> paid to such laborers or mechanics, subject to the provisions 30 days of receipt and so advise the contracting officer or
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