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4. In the event the Bureau ofApprenticeship and Traininga or a State apprenticeship agemry recogrti~ed by the Bureau,
<br />withdraws approval of an apprenticeship program, the contractor or subcontrasor will no 3onger be permitted to
<br />utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular
<br />employees until an acceptable program is approved
<br />b. Trainees:
<br />1. Exceprt as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the pa-edetemrined rate for the
<br />work performed unless they are employed pursuant to and individually registered in a program which has received
<br />prior approval, evidenced by formal certification by the DOL, Employment and Training Administration.
<br />2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the
<br />plan approved by the Employment and Training Administration. A~ employee listed on the payroll at a trainee
<br />rate who is not registered and participating in a training plan approved by the Employment and Training
<br />Administration shall be paid not less than the applicable wage rate on the wage determination for the classification
<br />of work asually performed. In additioq airy trainee performing work on the job site in excess of the ratio
<br />pcmtitted under the registered program 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 less than the rate specified in the approved program for his/her level of progress,
<br />expressed as a percentage of the journeyman-level hourly rate specified is the applicable wage determination
<br />Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
<br />program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
<br />wage determination unless the Administrator of the Wage and Hour Division ddermines that there is an
<br />apprenticeship program associated wilt the corresponding jor~„+~mrAn-level wage rate on the wage determination
<br />which provides for ]ens than full fringe benefits for apprentices, in which case such trainees shall receive the same
<br />fringe benefits as apprerttices.
<br />4. In the event the Employment and Training Adminishaton withdraws approval of a training program, the contractor
<br />or subcontractor will no longer be permitted to utilize trainees at less than the applicable predsemtined rate for the
<br />work performed until an acceptable program is approved
<br />a Helpers:
<br />Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage
<br />determinatron or is approved pursuatd to the conformp.,~P procedure set forth in Section 1V.2. Any worker listed on a payroll
<br />at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on
<br />the wage determination for the classification of work actually perforated.
<br />5. Apprent[ces and Trainees (Programs of the U.5. DOT):
<br />Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of
<br />Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements
<br />of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees ands such programs will be
<br />established by the particular programs. The ratio of apprentices and trainees to joumeymen shall not be greater than permitted by the
<br />terms of the particular program
<br />6. Withholding:
<br />The SHA shall upon its own action or upon written request of an authorized represe~ative of the DOL withhold, or cause to be
<br />withheld, from the cosractor or subcontractor under this contractor any other Federal contras with the same prime contractor, or
<br />arty other Federally-assisted contract subjes to Davis Bacon prevailing wage requirements which is held by the same prime
<br />contrasor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mcehanics, including
<br />apprentices, trainees, and helpers, entployed by the contractor or a>ry subcontrasor the fitll amount of wages required by the contras.
<br />In the event of failure to pay any laborer or mechanic, including airy apprentice, trainee, or helper, employed or working on the site
<br />of the work, all or part of the wages required by the contras, the SHA contrasing officer may, after written notice to the contractor,
<br />take such anion as may be necessary to cause the suspension of arty further payment, advance, or guarantee of funds until such
<br />violations have ceased.
<br />7. Overtime Requirements:.
<br />No contractor or subcontractor wntrasing for nary part of the contras work which may require or involve the employment of
<br />laborers, mechanics, watchmen, or guards (including apprentices, trainces, and helpers described in paragraphs 4 and 5 above) shall
<br />require ar permit any laborer, mechanic, watchman, or guard in any vwrkweek in which he/she is employed on such work, to work
<br />in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guazd receives compensation at a rate not less
<br />thanone-and-ono-half times his/her basic rate of pay for all hours worked is excess of 40 hours in such vwrkweek.
<br />8. Violation
<br />Liability for Unpaid Wages; Liquidated Damages: 1n the event of any violation of the clause set forth in pazagraph 7 above, the .
<br />contractor and any subcontractor responsible thereof shall be liable to the affesed employee for his/her unpaid wages. In addition,
<br />such courctor and subcontractor shall be liable to the United States (in the case of work done under contras for the District of
<br />Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed
<br />with respes to east individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in
<br />the sum of E 10 for each calendaz day on which such employee was required or permitted to work in excess of the standard work
<br />week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7.
<br />9. Withholding for Unpaid Wages and Liquidated Damages:
<br />The SHA shall upon its own action or upon written request of nary authorized representative of the DOL withhold, or cause to be
<br />withheld, firm any monies payable on account of work performed by the couttrador or subcontrasor under any such contras or any
<br />other Federal contract with the same prime contractor, or a~ other Federally-assisted contras subject to the Contract Work Hours
<br />and Safety Standards As, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy
<br />a~ liabilities of such contrasor or subcontrasor for unpaid wages and liquidated damages as protdded in the clause set forth in
<br />paragraph 8 above.
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