Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-7-3 - Required Provisions To Be Contained In All Advertised Specifications And Contracts For Public Work3.1. 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: (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.