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4. Apprentices and Trainees (Programs of the U.S. DOL) and
<br />Helpers:
<br />a. Apprentices:
<br />(1) Apprentices will be permitted to work at less than the
<br />predetermined rate for the work they performed when they are
<br />employed pursuant to and individually registered in a bona fide
<br />apprenticeship program registered with the DOL, Employment and
<br />Training Administration, Bureau of Apprenticeship and Training, or
<br />with a State apprenticeship agency recognized by the Bureau, or if a
<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
<br />individually registered in the program, but who has been certified by
<br />the Bureau of Apprenticeship and Training or a State apprenticeship
<br />agency (where appropriate) to be eligible for probationary employ-
<br />ment as an apprentice.
<br />(2) The allowable ratio of apprentices to joumeyman-level
<br />employees on the job site In any craft classification shall not be
<br />greater than the ratio permitted to the contractor as to the entire work
<br />force under the registered program. Any employee listed on a payroll
<br />at an apprentice wage rate, who is not registered or otherwise
<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
<br />work actually performed. In addition, any apprentice performing work
<br />on the job site in excess of the ratio permitted under the registered
<br />program shall be paid not less than the applicable wage rate on the
<br />wage determination for the work actually performed. Where a
<br />contractor or subcontractor is performing construction on a project in
<br />a locality other than that in which its program is registered, the ratios
<br />and wage rates (expressed in percentages of the journeyman -level
<br />hourly rate) specified in the contractor's or subcontractor's registered
<br />program shall be observed.
<br />(3) Every apprentice must be paid at not less than the rate
<br />specified in the registered program for the apprentice's level of
<br />progress, expressed as a percentage of the journeyman -level hourly
<br />rate specified in the applicable wage determination. Apprentices
<br />shall be paid fringe benefits in accordance with the provisions of the
<br />apprenticeship program. if the apprenticeship program does not
<br />specify fringe benefits, apprentices must be paid the full amount of
<br />fringe benefits listed on the wage determination for the applicable
<br />classification. If the Administrator for the Wage and Hour Division
<br />determines that a different practice prevails for the applicable
<br />apprentice classification, fringesshall be paid in accordance with that
<br />determination.
<br />(4) In the event the Bureau of Apprenticeship and Training,
<br />or a State apprenticeship agency recognized by the Bureau, with-
<br />draws approval of an apprenticeship program, the contractor or
<br />subcontractorWil no longer be permitted to utilize apprentices at less
<br />than the applicable predetermined rate for the comparable work
<br />performed by regular employees until an acceptable program is
<br />approved.
<br />b. Trainees:
<br />(1) Except as provided in 29 CFR 5.16, trainees will not be
<br />permitted to work at fess than the predetermined rate for the work
<br />performed unless they are employed pursuant to and individually
<br />registered in a program which has received priorapproval, evidenced
<br />by formal certificaUon by the DOL, Employment and Training
<br />Administration.
<br />(2) The ratio of trainees to journeyman -level employees on
<br />the job site shall not be greater than permitted under the plan
<br />approved by the Employment and Training Administration. Any
<br />employee listed on the payroll at a trainee rate who is not registered
<br />and participating in a training plan approved by the Employment and
<br />Training Administration shall be paid not less than the applicable
<br />wage rate on the wage determination for the classification of work
<br />actually performed. In addition, any trainee performing work on the
<br />job site in excess of the ratio permitted under the registered program
<br />shall be paid not less than the applicable wage rate on the wage
<br />determination for the work actually performed.
<br />(3) Every trainee must be paid at not fess than the rate
<br />specified in the approved program for his/her level of progress,
<br />expressed as a percentage of the journeyman -level hourly rate
<br />specified in the applicable wage determination. Trainees shall be
<br />paid fringe benefits in accordance with the provisions of the trainee
<br />program. If the trainee program does not menlion fringe benefits,
<br />trainees shall be paid the full amount of fringe benefits listed on the
<br />wage determination unless the Administrator of the Wage and Hour
<br />Division determines that there is an apprenticeship program associ-
<br />ated with the corresponding joumeyman-level wage rate on the wage
<br />determination which provides for less than full fringe benefits for
<br />apprentices, in which case such trainees shall receive the same
<br />fringe benefits as apprentices.
<br />(4) In the event the Employment and Training Administra-
<br />tion withdraws approval of a training program, the contractor or
<br />subcontractor will no longer be permitted to utilize trainees at less
<br />than the applicable predetermined rate for the work performed until
<br />an acceptable program Is approved.
<br />c. Helpers:
<br />Helpers will be permitted to work on a project if the helper
<br />classification is specified and defined on the applicable wage
<br />determination oris approved pursuant to the conformance procedure
<br />set forth in Section IV.2. Any worker listed on a payroll at a helper
<br />wage rate, who is not a helper under a approved definition, shall be
<br />paid not less than the applicable wage rate on the wage determina-
<br />tion for the classification of work actually performed.
<br />5. Apprentices and Trainees (Programs of the U.S. DOT):
<br />Apprentices and trainees working under apprenticeship and skill
<br />training programs which have been certified by the Secretary of
<br />Transportation as promoting EEO in connection with Federal -aid
<br />highway construction programs are not subject to the requirements
<br />of paragraph 4 of this Section IV, The straight time hourlywage rates
<br />for apprentices and trainees under suchprograms will be established
<br />by the particular programs. The ratio of apprentices and trainees to
<br />journeymen shall not be greater than permitted by the terms of the
<br />particular program.
<br />6. Withholding:
<br />The SHA shall upon its own action or upon written request of
<br />an authorized representative of the DOL withhold, or cause to be
<br />withheld, from the contractor or subcontractor under this contract or
<br />any other Federal contract with the same prime contractor, or any
<br />other Federally -assisted contract subject to Davis -Bacon prevailing
<br />wage requirements which is held by the same prime contractor, as
<br />much of the accrued payments or advances as may be considered
<br />necessary to pay laborers and mechanics, including apprentices,
<br />trainees, and helpers, employed by the contractor or airy subcontrac-
<br />tor the full amount of wages required by the contract. In the event of
<br />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 />part of the wages required byythe contract, the SHA contracting officer
<br />may, after written notice to the contractor, take such action as may be
<br />necessary to cause the suspension of any further payment, advance,
<br />or guarantee of funds until such violations have ceased.
<br />7. Overtime Requirements:
<br />No contractor or subcontractor contracting for any part of the
<br />contract work which may require or involve the employment of
<br />laborers, mechanics, watchmen, or guards (including apprentices,
<br />trainees, and helpers described in paragraphs 4 and 5 above shall
<br />require or permit any laborer, mechanic, watchman, or guard in any
<br />workweek in which he/she is employed on such work, to work in
<br />excess of 40 hours in such workweek unless such laborer, mechanic,
<br />watchman, or guard receives compensation at a rate not less than
<br />ane -and -one-half times his/her basic rate of pay for all hours worked
<br />in excess of 40 hours in such workweek.
<br />8. Violation:
<br />Liability for Unpaid Wages; Liquidated Damages: In the event
<br />of any violation of the clause set forth in paragraph 7 above, the
<br />contractor and any subcontractor responsible thereof shall be liable
<br />to the affected employee for his/her unpaid wages. In addition, such
<br />contractor and subcontractor shall be liable to the United States (in
<br />the case of work done under contract for the District of Columbia or
<br />a territory. to such District or to such territory) for liquidated damages.
<br />Such liquidated damages shall be computed with respect to each
<br />individual laborer, mechanic, watchman, or guard employed In
<br />violation of the clause set forth in paragraph 7, in the sum of $10 for
<br />each calendar day on which such employee was required or permit-
<br />ted to work in excess of the standard work week of 40 hours without
<br />payment of the overtime wages required by the clause set forth in
<br />paragraph 7.
<br />9. Withholding for Unpaid Wages and Liquidated Damages:
<br />Page 4 Form FHWA-1273 (Rev. 3-94)
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