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Helpers:
<br />
<br /> a. Apprentices:
<br />
<br /> (1) Apprentices will be pen'nitted 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 Dog Employment and
<br />Training Administration, Bureau of Apprenticeship and Training, or
<br />with a State apprenticeship agency recognized by the Bureau, or if
<br />a person is employed in his/her first 90 days of probationary
<br />employment as an apprentice in such an apprenticeship program,
<br />who is not individually registered in the program, but who has been
<br />certified by the Bureau of Apprenticeship and Training or a State
<br />apprenticeship agency (where appropriate) to be eligible for proba-
<br />tionary employment as an apprentice.
<br />
<br /> ~ (2) The allowable ratio of apprentices to journeyman-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 pa .y~oll
<br />at an apprentice wage rate, who is not registered or othervase
<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 performingwork
<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 joumeyman4evel
<br />hourly rate) specified in the contractor's or subcontractor's registered
<br />program shall be observed.
<br />
<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 deten'nination 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, fringes shall be paid in accordance with that
<br />determination.
<br />
<br /> (4) In the event the Bureau of Apprenticeship and
<br /> Training, ora State apprenticeship agency recognized bythe Bureau,
<br /> withdraws approval of an apprenticeship program, the contractor or
<br /> subcontractor will 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 />
<br /> b. Trainees:
<br />
<br /> (1) Except as provided in 29 CFR 5.16, trainees wal not be
<br /> permitted to work at less 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 prior approval, evidenced
<br /> by formal certification by the DeL, Employment and Training
<br /> Administration.
<br />
<br /> (2) The rafiooftrainees 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, tn 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 />
<br /> (3) Every trainee must bepaid at not less than the rate
<br /> specified in the approved program for his/her level of progress,
<br /> expressed as a percentage of the joumeyman-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 mention 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 />
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<br />
<br />Division determines that there is an apprenticeship program
<br />associated With the corresponding joumeyman-level wage rate on the
<br />wage determination which provides for less than full fringe benefits
<br />for apprentices, in which case such trainees shall receive the same
<br />fringe benefits as apprentices.
<br />
<br /> - (4) In the event the Employment and Training Administra-
<br />tion withdraws approval of a training program, the conb'actor 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 />
<br /> c. Helpers:
<br />
<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 or is 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 />
<br /> 5. Apprentices and Trainees (Programs of the U.S. Do'r):
<br />
<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 m. qui .rements
<br />of paragraph 4 of this Section IV. The straight time nouny wage
<br />rates for apprentices and trainees under such programs will be
<br />established bythe particular programs. The ratio of apprentices and
<br />trainees to joumeymen shall not be greater than permitted by the
<br />terms of the particular program.
<br />
<br /> 6. Withholding:
<br />
<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 pdme 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 bythe contractor or any .s. ubcont~c~
<br />tor the full amount of wages required by the contract. In {ne eve .n.[ o
<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 by the contract, the SHA contracting
<br />officer may, after written notice to the contractor, take such action as
<br />may be necessary to cause the suspension of any further payment,
<br />advance, or guarantee of funds until such violations have ceased.
<br />
<br /> 7. Overtime Requirements:
<br />
<br /> No contractor or subcontractor contracting for any part of the
<br /> conti'act work which may require or involve the employment of
<br /> laborers, mechanics, watchmen, or guards (including appren, tices,
<br /> b"ainees, and helpers described in paragraphs 4 and 5 above} shall
<br /> require or permit any laborer, mechanic, watchman, or guard in .an.y
<br /> workweek in which he/she is employed on such work, to won( 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 /> one-and-one-half times his/her basic rate of pay for all hours worked
<br /> in excess of 40 hours in such workweek.
<br />
<br /> 8. Violation:
<br />
<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 /> corfa-actor 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 dam-
<br /> ages. Such liquidated damages shall be computed with respect to
<br /> each 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
<br /> permitted to work in excess of the standard work week of 40 hours
<br /> without payment of the overtime wages required by the clause set
<br /> forth in paragraph 7.
<br />
<br />Form FHWA-1273 (Rev. 3-94)
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