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07/06/2021
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07/06/2021
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8/26/2021 2:58:45 PM
Creation date
8/26/2021 2:18:43 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/06/2021
Meeting Body
Board of County Commissioners
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(C) The weekly submission of a properly executed certification set forth on the reverse side of <br />Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" <br />required by paragraph (a)(3)(ii)(B) of this section. <br />(D) The falsification of any of the above certifications may subject the contractor or subcontractor to <br />civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United <br />States Code. <br />(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this <br />section available for inspection, copying, or transcription by authorized representatives of the (write <br />the name of the agency) or the Department of Labor, and shall permit such representatives to <br />interview employees during working hours on the job. If the contractor or subcontractor fails to submit <br />the required records or to make them available, the Federal agency may, after written notice to the <br />contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the <br />suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit <br />the required records upon request or to make such records available may be grounds for debarment <br />action pursuant to 29 CFR 5.12. <br />(4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the <br />predetermined rate for the work they performed when they are employed pursuant to and individually <br />registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, <br />Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor <br />Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed <br />in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship <br />program; who -is -not individually registered in the,program, but who.has.been certified by the Office of <br />Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where <br />appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of <br />apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio <br />permitted to the contractor as to the entire work force under the registered program. Any worker <br />listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated <br />above, shall be paid not less than the applicable wage rate on the wage determination for the <br />classification of work actually performed. In addition, any apprentice performing work on the job site <br />in excess of the ratio permitted under the registered program shall be paid not less than the <br />applicable wage rate on the wage determination for the work actually performed. Where a contractor <br />is performing construction on a project in a locality other than that in which its program is registered, <br />the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the <br />contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid <br />at not less than the rate specified in the registered program for the apprentice's level of progress, <br />expressed as a percentage of the journeymen hourly rate specified in the applicable wage <br />determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the <br />apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices <br />must be paid the full amount of fringe benefits listed on the wage determination for the applicable <br />classification. If the Administrator determines that a different practice prevails for the applicable <br />apprentice classification, fringes shall be paid in accordance with that determination. In the event the <br />Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency <br />recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no <br />longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work <br />performed until an acceptable program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than <br />the predetermined rate for the work performed unless they are employed pursuant to and individually <br />00530-11 <br />97 <br />
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