West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-3 - Required Provisions To Be Contained In All Advertised Specifications And Contracts For Public Work

Current through Register Vol. XLI, No. 28, July 12, 2024
The specifications for every contract for any public work as defined herein shall contain at least the following conditions, provisions and requirements:
(a) The Fair Minimum
			  Wage Rates as shall have been
			  determined by the Commissioner of
			  Labor which must be paid to the
			  workmen employed in the performance of
			  the contract.
The contract shall
			  specifically provide that the
			  contractor and/or subcontractor(s)
			  shall pay no less than the wage rates
			  as determined in the decision of the
			  Commissioner and shall comply with the
			  conditions of the West Virginia Act on
			  Wages for Construction of Public
			  Improvements passed March 11, 1961 and
			  made effective ninety (90) days from
			  passage and the regulations pursuant
			  thereto, to assure the full and proper
			  payment of said rates. Further, the
			  wage rates as determined shall be
			  printed on the bidding blanks and
			  attention should be specifically noted
			  to these facts within the body of the
			  advertisement for bids.
(b) The contract
			  shall contain the stipulation that
			  such workmen shall be paid no less
			  than such prevailing wage rates and
			  such other provisions to assure
			  payment thereof as heretofore set
			  forth in this section.
(c) The contract
			  provisions shall apply to all work
			  performed on the contract by the
			  contractor and/or subcontractor or
			  subcontractors.
(d) The contractor
			  shall insert in each of his
			  subcontract or subcontracts all of the
			  stipulations contained in these
			  required provisions and such other
			  stipulations as may be
			  required.
(e) The contract
			  shall provide that no workmen may be
			  employed on the public work except in
			  accordance with the classifications
			  set forth in the decision of the
			  Commissioner. In the event that the
			  addition of different classifications
			  is necessary, the procedure set forth
			  in Section 10 of these regulations
			  shall be followed.
(f) The contract
			  shall provide that all workmen
			  employed or working on the public work
			  shall be paid unconditionally,
			  regardless of whether any contractual
			  relationship exists of the nature of
			  any contractual relationship which may
			  be alleged to exist between any
			  contractor, subcontractor(s) and
			  workmen, not less than once a week
			  without deduction or rebate, on any
			  account, either directly or
			  indirectly, except authorized
			  deductions, the full amounts due, less
			  hold back pay of no more than three
			  (3) days, computed at the rates
			  applicable to the time worked in the
			  appropriate classification.
Nothing in the
			  contract, the Act or these regulations
			  shall prohibit the payment of more
			  than the Fair Minimum Wage Rates as
			  determined by the Commissioner to any
			  workman on public work.
(g) The contract
			  shall provide that the contractor and
			  each subcontractor shall post for the
			  entire period of construction the wage
			  determination decisions of the
			  Commissioner in a prominent and easily
			  accessible place or places at the site
			  of the work. The posted notice of wage
			  rates must contain the following
			  information:
(1) Name of
			  project.
(2) Name of public
			  authority for which it is being
			  constructed.
(3) The crafts and
			  classifications of workmen listed in
			  the Commissioner's Fair Minimum Wage
			  Rate Determination for the particular
			  locality.
(4) The Fair Minimum
			  Wage Rates determined for each craft
			  and classification.
(5) A statement
			  advising workmen that if they have
			  been paid less than the fair minimum
			  wage rate for their job classification
			  or that the contractor and/or
			  subcontractor or subcontractor(s) are
			  not complying with the Act, or these
			  regulations in any manner whatsoever
			  may recover from such contractor
			  and/or subcontractor(s) the difference
			  between the same and the posted Fair
			  Minimum Rate of Wages, and in addition
			  thereto a penalty equal in amount to
			  such difference, and a reasonable
			  attorney's fee. The limitation to such
			  civil action by the workmen is a
			  period of three (3) years and venue of
			  such action shall be in the county
			  where the work is performed.