Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-16 - Apprentices, serving laborers, assistants, helpers, and trainees

Current through all regulations passed and filed through July 1, 2024
(A) Apprentices,
			 serving laborers, assistants, helpers, and trainees, shall not be categorized
			 as common labor.
(B) Apprentices
			 may be categorized in their particular trades, and paid less than the
			 prevailing rates of wages for qualified laborers, workmen, or mechanics in such
			 particular trades, only if there is in force at the time work is being
			 performed under a contract for the public improvement project, in the locality
			 of such project, a collective bargaining agreement or understanding between
			 employers and bona fide organizations of labor which authorizes the employment
			 of apprentices.
(C) Where the
			 foregoing condition is not fulfilled, except as
			 provided in paragraph (K) of this rule and in accordance with section
			 4115.05 of the Revised
			 Code, with respect to any individual apprentice or group of apprentices,
			 such apprentice or group of apprentices shall be categorized according to the
			 type of work performed and shall be paid the full prevailing rates of wages
			 applicable to qualified laborers, workmen, or mechanics who performed that type
			 of work.
(D) Serving laborers,
			 assistants, and helpers may be categorized as such in their particular trades,
			 and paid less than the prevailing rates of wages for qualified laborers,
			 workmen, or mechanics in such particular trades, only if there is in force at
			 the time work is being performed under a contract for the public improvement
			 project, in the locality of such project, a collective bargaining agreement or
			 understanding between employers and bona fide organizations of labor which
			 authorizes the employment of serving laborers, assistants, and helpers.
(E)
								Except
			 as provided in paragraph (K) of this rule and in accordance with section
			 4115.05 of the Revised
			 Code,
								where the forgoing condition applicable to serving
			 laborers, assistants, and helpers is not fulfilled, with respect to individual
			 serving laborers, assistants, and helpers, or groups of serving laborers,
			 assistants, and helpers, such individuals or groups shall be classified
			 according to the work performed, and shall be paid the full prevailing rate of
			 wages as stated in the wage rate schedule issued by commerce, applicable to
			 qualified laborers, workmen, or mechanics who perform that type of work.
(F) Trainees may be categorized in
			 their particular trades, and paid less than the prevailing rate of wages for
			 qualified laborers, workmen, or mechanics in such particular trade, only if
			 there is in force at the time work is being performed under a contract for the
			 public improvement project, in the locality of such project, a collective
			 bargaining agreement or understanding between employees and bona fide
			 organizations of labor which authorizes the employment of trainees.
(G)
								Except as
			 provided in paragraph (K) of this rule and in accordance with section
			 4115.05 of the Revised
			 Code,where the foregoing condition is not fulfilled with
			 respect to an individual trainee or group of trainees, such trainee or group of
			 trainees shall be categorized according to the type of work performed and shall
			 be paid the full prevailing rate of wages applicable to qualified laborers,
			 workmen, or mechanics who perform that type of work.
(H)
								Except as
			 provided in paragraph (K) of this rule and in accordance with section
			 4115.05 of the Revised
			 Code,ratios of apprentices to skilled workers
			 for the jobsite of the public improvement may not
			 exceed the allowable ratio contained in the applicable prevailing wage schedule. The allowable
			 ratio of apprentices to skilled workers set forth in the prevailing wage
			 schedule shall be the ratio of apprentices to skilled workers in the collective
			 bargaining agreement applicable to the locality of the project. If a contractor
			 or subcontractor has employed apprentices in excess of the allowable ratio
			 contained in the prevailing wage schedule, all such apprentices are considered
			 to have been improperly classified and will be entitled to an equitable share
			 of the total of the wages which would have been paid had such employees been
			 properly classified. For purposes of ratios, a working foreman, supervisor, or
			 owner may be counted as a laborer, workman, or mechanic; however, if an
			 employer has miscategorized any employee, including a working foreman,
			 supervisor or owner, or utilized an excessive number of apprentices, such
			 employees cannot be counted as laborers, workmen, or mechanics for ratio
			 purposes.
(I)
								Except as provided in paragraph (K) of this rule and in
			 accordance with section
			 4115.05 of the Revised
			 Code,ratios of serving laborers, assistants, and helpers to
			 skilled workers at the jobsite of the public
			 improvement may not exceed the allowable ratio contained in the
			 prevailing wage schedule. The allowable ratio of serving laborers, assistants,
			 and helpers to skilled workers set forth in the prevailing wage schedule shall
			 be the ratio of serving laborers, assistants, and helpers to skilled workers in
			 the collective bargaining agreement applicable to the locality of the project.
			 If a contractor or subcontractor has employed serving laborers, assistants, or
			 helpers in excess of the allowable ratio contained in the prevailing wage
			 schedule, all such serving laborers, assistants, and helpers are considered to
			 have been improperly classified and will be entitled to an equitable share of
			 the total of wages due if such employees had been properly classified. For
			 purposes of ratios, a working foreman, supervisor, or owner may be counted as a
			 laborer, workman, or mechanic; however, if an employer has miscategorized any
			 employee, including a working foreman, supervisor or owner, or utilized an
			 excessive number of serving laborers, assistants, or helpers, such employees
			 cannot be counted as laborers, workmen, or mechanics for ratio purposes.
(J)
								Except
			 as provided in paragraph (K) of this rule and in accordance with section
			 4115.05 of the Revised
			 Code,ratios of trainees to skilled workers
			 at the jobsite of the public improvement may not
			 exceed the allowable ratio contained in the prevailing wage schedule. The
			 allowable ratio of trainees to skilled workers set forth in the prevailing wage
			 schedule shall be the ratio of trainees to skilled workers in the collective
			 bargaining agreement applicable to the locality of the project. If a contractor
			 or subcontractor has employed trainees in excess of the allowable ratio
			 contained in the prevailing wage schedule, all such trainees are considered to
			 have been improperly classified and will be entitled to an equitable share of
			 the total of wages due if such employees had been properly classified. For
			 purposes of ratios, a working foreman, supervisor, or owner may be counted as a
			 laborer, workman, or mechanic; however, if an employer has miscategorized any
			 employee, including a working foreman, supervisor or owner, or utilized an
			 excessive number of trainees, such employees cannot be counted as laborers,
			 workmen, or mechanics for ratio purposes.
(K)
								 Ratios of
			 apprentices to skilled workers may not exceed the permissible ratio at the
			 jobsite of the public improvement project as contained in the applicable
			 prevailing wage schedule within a valid collective bargaining agreement or
			 understanding between employers and bona fide organizations of labor. However,
			 it is not a violation of this rule or of section
			 4115.05 of the Revised Code
			 when:
(1)
									 The
			 number of apprentices working on a public improvement project exceeds the
			 permissible ratio by two or fewer apprentices; and
(2)
									 This occurs for
			 a period of two days or less in any thirty day period.