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<br />4. Apprentices and Trainees {Programs of the U.S. DOL} and
<br />Helpers:
<br />8. Apprentices:
<br />(1) Apprentices win be pennitted to work at less than the
<br />predelermined rale for the work (hey performed when they are
<br />employed pursuant 10 and individually registered in a bona fide
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<br />with a Stale apprenliceship agency recognized by the Bureau, or if a
<br />person is employed in hislher first 90 days of probationary employ.
<br />ment as an apprentice in such an apprentIceship program, who is not
<br />individually registered in the program, but who has been certified by
<br />Ihe Bureau of Apprenticeship arid Training or a Slate apprenticeship
<br />agency (where appropriate) 10 be eligible for probalionary employ-
<br />ment as an apprentice.
<br />
<br />(2) The allowable ratio of apprenlices to joumeyman"'evel
<br />employees on the ;ob site in any craft classirication shall not be
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<br />at an apprentice wage rate, who is not registered or otherwise
<br />employed as Slaled above. shall be paid nolless than Ihe applicable
<br />wage rate ~sled in the wage delenninalion for the dassJficaHon of
<br />work aClualty pertormed. In addition, any apprentice performing work
<br />on Ihe job slle in excess of the ralio permitted under the registered
<br />program shall be paid nOlless Ihan the applicable wage rale on the
<br />wage determination for the work actually performed. Where a
<br />contractor or subcontractor is pertorming construction on a project in
<br />a locality olher than that in whIch its program is registered, the ratios
<br />and wage rates (expressed in percentages of the journeyman-level
<br />houriy rate) specIfied in the contractor's or subcontractor's regislered
<br />program shall be observed.
<br />(3) Every apprentice must be paid at not less than the rate
<br />specified in the registered program for the apprenlice's level of
<br />progress, expressed as a percenlage of the journ~an-leve' hourly
<br />rate specmed in the applicable wage determination. Apprentices
<br />shall be paid fringe benefits in accordance with the proviSIons of the
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<br />fnnge benefits listed on the wage determinalion for the applicable
<br />classification. If the Administrator for (he Wage and Hour Divtsion
<br />determines that a ddterenl practice prevails for the applicable
<br />apprentice classification, fringes shall be paid in accordance wilh thai
<br />delerminalion.
<br />
<br />(4) In (he event the Bureau of Apprenticeship and Training,
<br />or a Slate apprenticeship agency recognized by the Bureau, wilf1-
<br />draws approval of an apprenticeship program, (he contractor or
<br />subcontractor will no longer be permitted to utilize apprentices alless
<br />than the applicable predetermined rale for the comparable work
<br />perlormed by regular employees until an acceptable program is
<br />approved.
<br />b. Trainees:
<br />
<br />(1) Excepl as provided in 29 CFR5.16,lrainees will not be
<br />permitted to work at less than the predetermined rate for the work
<br />performed unless they are employed pursuant to and individually
<br />registered in a program which has received prior approval, evidenced
<br />by formal certffication by the DOL, Employment and Training
<br />Administralion.
<br />
<br />(2) The ralio of trainees 10 joumeyman-level employees on
<br />Ihe job site shall nol be grealer than permitted under Ihe plan
<br />approved by the Employment and Training Administration. Any
<br />employ~ listed on the payroll at a lrainee rale who is nol registered
<br />and partlcipalin9 in a training plan approved by the Employment and
<br />Training Adminlslralion shall be paid nol less than the applicable
<br />wage rate on the wage delerminalfon for the classification of work
<br />actually perlormed. In addition, any trainee performing work on the
<br />job site in excess 0' the ratio permiUed under the registered program
<br />shall be paid not less lhan the applicab!e wage rate on Ihe wage
<br />determinalion for the work actually performed.
<br />(3j Every trainee must be paid at not less than the rale
<br />specified in the approved program for hisJher level of progress,
<br />expresSed as a percentage of the journeyman-level houny rale
<br />specified in the applicable wage "determinatIon. Trainees shall be
<br />paid fringe benefits in accordance with the provisions 0' the trainee
<br />program. If the trainee program does nol mention frin~e benefits,
<br />trainees shall be paid the rull amount of fringe benefits listed on the
<br />wage delermination unless the Administralor of Ihe Wage and Hour
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<br />Division determines thal.there is an apprenticeship program associ.
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<br />apprentices, in whdl case such trainees shall receive the same
<br />fringe benefits as apprenlices.
<br />(4) In Ihe event the Employment and Training Administra.
<br />tion withdraws approval of a trainin~ program, Ihe contractor or
<br />subcontractor will no longer be permllled to utilize trainees at less
<br />than the applicabfe predetermined rale for Ihe work performed unUl
<br />an acceptable program is approved.
<br />c. Helpers:
<br />Helpers will be permitted 10 work on a project if the helper
<br />classification is specified and defined on the applicable wage
<br />determination or is approved pursuanl to Ihe conformance procedure
<br />set forth in Section IV.2. Any worJcer listed on a payroll al a helper
<br />wage rate, who is not a helper under a approved deflniHon, shall be
<br />paid not less than the applicable wage rale on Ihe wage determina-
<br />lion for lhe classification of work actually performed.
<br />5. Apprentices and Traln.es (Programs of the U.S. DOT):
<br />
<br />Apprentices and trainees working under apprenticeship and skill
<br />training programs which have been certified by the Sea-elary of
<br />Transportation as promoting EEO in connection wilh Fed8ral~aid
<br />highway construction pros rams are not subject 10 'he requirements
<br />of paragraph 4 of this Section IV. The straight time hourly wage rates
<br />
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<br />journeymen shall not be greater than permitted by the terms 01 the
<br />particular program.
<br />B. Withholding:
<br />The SHA shall upon its own aclion or upon wriUen request of
<br />an authorized representative of the DOL withhold, or cause to be
<br />withheld, from the contractor or subconlractor under this contract or
<br />any other Federal conlract wilh the same prime contractor, or any
<br />olher Federally-assisted contract subject to Davis-Bacon prevailing
<br />wage reQuirements which is held by the same prime contraclor, as
<br />much of the accrued payments or advances as may be considered
<br />necessary 10 pay laborers and mechanics, induding apprentices,
<br />trainees, and helpers, employed by the contracloror any subcontrac-
<br />tor the full amount of wages required by lhe contract In the event of
<br />failure to pay any laborer or mechaniC, including any apprentice,
<br />Irainee, or helper, employed or working on the site of the work, aU Of'
<br />part of (he wages required by the contract, the SHA conlracting officer
<br />may, alter written notice to the contractor, take such action as may be
<br />necessary to cause the suspension of any further payment, advance,
<br />or guarantee 01 funds until such violations have ceased.
<br />7. Overtime Requirements:
<br />No contractor or subcontractor conlracting for any part of the
<br />contract work which may require or involve fhe employment of
<br />laborers, mechanics, walchmen, or guards (including apprenoces,
<br />trainees, and helpers described in paragraphs 4 and 5 above) shall
<br />require or permit any laborer, mechanic, watchman, or guard 111 any
<br />workweek in which he/she is employed on such work, to work in
<br />excess of 40 hours in such workweek unless such laborer, mechanic,
<br />watchman, or guard receives compensalion at a rate nol less than
<br />one-and-()ne-half times his/her basic rate of pay for all hours worked
<br />in excess of 40 hours in such workweek.
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<br />6. Violation:
<br />
<br />Uability for Unpaid Wages; Liquidated Damages: In the even!
<br />of any violation of (he clause sel forth in paragraph 7 above, Ihe
<br />contractor and any subcontractor responsible lhereof shall be liable
<br />to the affected employee for hislher unpaid wages. In addition, such
<br />contractor and subcontractor shall be liable to the United States (in
<br />the case of work done under contract for (he Dislric1 of Columbia or
<br />a lerritory ,to such District or to such territory) for liquidated damages.
<br />Such liquidated damages shaU be computed with respect to each
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<br />each calendar day on which such employee was required or permit-
<br />ted to work in excess of (he standard work week of 40 hours without
<br />payment of (he overtime wages required by the clause sel rorth in
<br />paragraph 7.
<br />9. Withholding for Unpaid Wages and Liquidated Damages:
<br />
<br />Form FHWA-1273 (Rev. 3-94)
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