|
DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B
<br /> available for this purpose from the Wage and Hour Division Web site at htip:llwww.dol.govlesalwhdlformsl wh347instr.htm or its
<br /> successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
<br /> subcontractors shall maintain the full social security number and current address of each covered worker,and shall provide them upon
<br /> request to the contracting agency for transmission to the State DOT,the FHWA or the Wage and Hour Division of the Department of
<br /> Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.It is not a violation of this section for
<br /> a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,
<br /> without weekly submission to the contracting agency.
<br /> (2) Each payroll submitted shall be accompanied by a"Statement of Compliance;'signed by the contractor or subcontractor or his or her
<br /> agent who pays or supervises the paynicni of the persons employed under the contract and shall certify the following:
<br /> (i) That the payroll for the payroll period contains the information required to be provided under§5.5(a)(3)(ii)of Regulations,
<br /> 29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(i)of Regulations, 29 CFR pan 5,and that such
<br /> information is correct and complete;
<br /> (ii) That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract during the payroll period has
<br /> been paid the full weekly wages earned,without rebalc,either directly or indirectly,and that no deductions have been made either
<br /> directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR pan 3,
<br /> (hi)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the
<br /> classification of work performed,as specified in the applicable wage determination incorporated into the contract.
<br /> (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the
<br /> requirement for submission of the"Statement of Comp]iancc"required by paragraph 3.b.(2)of this section.
<br /> (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under
<br /> section 1001 of title I8 and section 231 of title 31 of the United States Code.
<br /> c. The contractor or subcontractor shall make the records required under paragraph 3.a. ❑f this section available for inspection,copying,or
<br /> U-4mcription by authorized representatives of time contracting agency,the State DOT,the FHWA,or the Department of Labor, and shall
<br /> permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the
<br /> required records or io make them available,the FHWA may,a[ter written notice to the contractor,the contracting agency or the State DOT,
<br /> take such action as may be necessary to cause the suspension of any furher payment,advance,or guarantee of funds.Furthermore,failure to
<br /> submit the required records upon request or to make such records available may be grounds for debarment action prrrstrant to 29 CFR 5.12.
<br /> 4. Apprentices and trainees
<br /> a. Apprentices(programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they
<br /> performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
<br /> Depanment of Labor,Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Scrvicm or with
<br /> a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as
<br /> an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Office
<br /> of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for
<br /> probationary employment as an apprentice.
<br /> The allowable ratio of apprentices to journeymen on the job aitc in any crag classification shall not be greater than the ratio permitted to
<br /> the connctor as to the entire work force under the registered program.Any worker listed oa a payroll at an apprentice wage rate,who is not
<br /> registered or otherwise employed as stated 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 in excess of the ratio permitted under
<br /> the registered program shall be paid not less than the applicable wage vale on the wage determination for the work actually performed.Where
<br /> a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates
<br /> (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
<br /> observed.
<br /> Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed
<br /> as a percentage of the joumeymen hourly rate specified in the appiicabla wage determination.Apprentices shall be paid fringe benefits in
<br /> accordance with the provisions of the 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 classification. If the Administrator
<br /> determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
<br /> determination.
<br /> in the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Appenliceship Agency recognized by the
<br /> Office,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the
<br /> applicable predetermined rate for(lie work performed until an acceptable progranm is approved.
<br /> b. Trainees(programs of the USD0L). Except as provided in 29 CFR 5.15,trainees will not be permitted to work at less than the predetermincd
<br /> rote for the work performed unless they arc employed pursuant to and individually registered in a program which has received prior approvai,
<br /> evidenced by formal certiftcation by the U.S.Deparment of Labor,Eniptoyment and Training Administration.
<br /> The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and
<br /> Training Administration.
<br /> Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as
<br /> a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefrLs in
<br /> accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full
<br /> amount of fringe benefms listed on the wage determination unless the Administrator of the Wage and Hour Division detemiinos that there is
<br /> an apprenticeship program associated with the corresponding joumeyman wage rate on the wage determination which provides for less than
<br /> full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training
<br /> plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
<br /> determination for the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio
<br /> permitted under the registered program shall be paid not less than the applicable wage rate on time wage determination for the work actually
<br /> performed.
<br /> In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be
<br /> permitted to utilize trainees at less than the applicable predeterritied rate for the work performed until an acceptable program is approved.
<br />
|