West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-3 - Required Provisions To Be Contained In All Advertised Specifications And Contracts For Public Work

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				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 or subcontractors 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
				  improvement, 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 or her 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 additional a different classifications are 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 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 subcontractors
				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 wage 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 workman is a period
				of three (3) years and venue of such action shall be in the county where the
				work is performed.
(h)
				The contract shall provide that the contractor and each subcontractor shall
				keep an accurate record showing the name, craft and/or classification, number
				of hours worked per day and the actual hourly rate of wage paid (including
				fringe benefits) to each workman employed by him or her in connection with the
				public work and such record must include any deductions from each workman. The
				record shall be preserved for a period of at least three (3) years after
				termination of the contract, and shall be open at all reasonable hours to the
				inspector of the Commissioner and the public authority which let the contract,
				its officers and agents.
(i) The
				contract shall provide that apprentices will be permitted to work only when
				they are registered with the Bureau of Apprenticeship and Training, United
				States Department of Labor. The allowable ratio of apprentices to journeymen in
				any craft and/or classification shall not be greater than the ratio permitted
				to the contractor as to his or her entire work force under the registered
				program or the recognized ratio of the joint apprenticeship council having
				jurisdiction in the trade area, whichever is less. An employee listed on the
				payroll at an apprentice wage rate, who is not registered as above stated,
				shall be paid the fair minimum wage rate determined by the Commissioner for the
				classification of the work actually performed. Further, the contractor and/or
				subcontractors will be required to furnish to the Commissioner written evidence
				of the registration of his program and apprentices as well as the appropriate
				ratios and wage rates, for the locality, prior to using any apprentices on the
				public work.
(j) Wages shall be
				paid without any deductions except authorized deductions.
(k) Payment of compensation to workmen for
				work performed on public work on a lump sum basis, or a piece work system,
				unless such piece rate method, at the time of payment of the resultant wages,
				is computed on an hourly basis and are not less than the fair minimum wage rate
				determined to be prevailing.
(l)
				The contract shall also provide that the contractor and each subcontractor
				shall file a statement at the request of the Commissioner and a final statement
				at the conclusion of the work on the contract with the Commissioner, under
				oath, certifying that all workmen have been paid wages in strict conformity
				with the provisions as prescribed by this Section 3 of these regulations, or if
				any wages remain unpaid to set forth the amount of wages due and owing each
				workman respectively.
(m) No
				person, whether personally or for another, shall not request, demand or
				receive, either before or after workmen are employed in construction on a
				public improvement, that they or anyone of them pay over money or other things
				of value or pay back, return, donate, contribute or give any part or all of
				their wage, or thing of value, to any person, upon the statement,
				representation or understanding that failure to comply with such request or
				demand will prevent them or any one of them from procuring or retaining
				employment, and any person who directly or indirectly aids, requests or
				authorizes any other person to violate any of the provisions of this Subsection
				(m) shall be guilty of a misdemeanor and fined not less than fifty dollars
				($50.00) and not more than two hundred fifty dollars ($250).
(n) Certain crafts traditionally have used
				laborers or helpers for journeymen training and it is recognized that this is
				the practice in certain geographic and craft trade areas. The use of laborers
				or helpers where apprentices' wages are determined is not authorized and
				constitutes a violation. In geographic areas where such laborers or helpers are
				recognized subclassifications to crafts, they will be included in the
				predetermined schedule of fair minimum wage rates.
(o) The provisions of the Act and these
				regulations may be incorporated by reference in the contract, except that the
				schedule of fair minimum wages shall be attached to and made a part of the
				specifications and contract.