Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.103 - Required provisions

Current through Register Vol. 54, No. 28, July 13, 2024
The specifications for every contract for a public work as
					 defined herein shall contain at least the following conditions, provisions and
					 requirements:
(1) The general
				  prevailing minimum wage rates including contributions for employe benefits as
				  determined by the Secretary which shall be paid to the workmen employed in the
				  performance of the contract. The contract shall specifically provide that the
				  contractor shall pay at least the wage rates as determined in the decision of
				  the Secretary of Labor and Industry and shall comply with the conditions of the
				  act approved August 15, 1961, and the regulations issued thereto, to assure the
				  full and proper payment of the rates.
(2) The contract shall contain the
				  stipulation that workmen shall be paid at least the general prevailing minimum
				  wage rates and other provisions to assure payment thereof as set forth in this
				  section.
(3) The contract
				  provisions apply to work performed on the contract by the contractor and to
				  work performed on the contract by subcontractors.
(4) The contractor shall insert in each of
				  his subcontracts the stipulations contained in these required provisions and
				  other stipulations as may be required.
(5) The contract shall provide that no
				  workmen may be employed on the public work except in accordance with the
				  classifications in the decision of the Secretary. If additional or different
				  classifications are necessary the procedure in §
										9.107 (relating to petition for
				  review of rates and hearings) shall be followed.
(6) The contract shall provide that workmen
				  employed or working on the public work shall be paid unconditionally,
				  regardless of whether a contractual relationship exists or the nature of a
				  contractual relationship which may be alleged to exist between a contractor,
				  subcontractor and workmen, at least once a week, without deduction or rebate,
				  on any account, either directly or indirectly except authorized deductions, the
				  full amounts due at the time of payment, computed at the rates applicable to
				  the time worked in the appropriate classification. Nothing in the contract, the
				  act or this title prohibits the payment of more than the general prevailing
				  minimum wage rates as determined by the Secretary to a workman on public
				  work.
(7) The contract shall
				  provide that the contractor and each subcontractor shall post for the entire
				  period of construction the wage determination decisions of the Secretary,
				  including the effective date of changes thereof, in a prominent and easily
				  accessible place or places at the site of the work and at the places used by
				  them to pay workmen their wages. The posted notice of wage rates shall contain
				  the following information:
(i) The name of
				  project.
(ii) The name of the
				  public body for which it is being constructed.
(iii) The crafts and classifications of
				  workmen listed in the Secretary's general prevailing minimum wage rate
				  determination for the particular project.
(iv) The general prevailing minimum wage
				  rates determined for each craft and classification and the effective date of
				  changes.
(v) A statement advising
				  workmen that if they have been paid less than the general prevailing minimum
				  wage rate for their job classification or that the contractor or subcontractor
				  are not complying with the act or this title, they may file a protest in
				  writing with the Secretary within 3 months of the date of the occurrence,
				  objecting to the payment to a contractor to the extent of the amount due or to
				  become due to them as wages for work performed on the public work project. A
				  workmen paid less than the rate specified in the contract shall have a civil
				  right of action for the difference between the wage paid and the wages
				  stipulated in the contract, which right of action shall be exercised within 6
				  months from the occurrence of the event creating the right.