New Search
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash <br />equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into <br />the contract. <br />(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 <br />shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). <br />(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal <br />prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. <br />(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, <br />copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall <br />permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor <br />fails to submit the required records or to make them available, HUD or its designee may, after written notice to the <br />contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further <br />payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make <br />such records available may be grounds for debarment action pursuant to 29 CFR 5.12. <br />4. Apprentices and Trainees. <br />(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed <br />when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the <br />U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and <br />Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her <br />first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually <br />registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor <br />Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an <br />apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater <br />than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a <br />payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less <br />than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any <br />apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not <br />less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is <br />performing construction on a project in a locality other than that in which its program is registered, the ratios and wage <br />rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractors <br />registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered <br />program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the <br />applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the <br />apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full <br />amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator <br />determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in <br />accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or <br />a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the <br />contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work <br />performed until an acceptable program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined <br />rate for the work performed unless they are employed pursuant to and individually registered in a program which has <br />received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training <br />Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan <br />approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified <br />in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate <br />specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of <br />the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of <br />fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that <br />there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination <br />which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is <br />not registered and participating in a training plan approved by the Employment and Training Administration shall be paid <br />not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee <br />performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than <br />the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and <br />