Apprentice means a person at least sixteen (16) years of age who has entered into a written agreement with an employer or his agent, an association of employers or an organization of employees, or a joint committee representing both, which states the trade, craft, or occupation which the apprentice is to be taught and the time at which the apprenticeship begins and ends, and who is registered in a program of the Maryland Apprenticeship and Training Council or the Bureau of Apprenticeship and Training of the U.S. Department of Labor. Board means the Wage Determination Board. Construction includes all construction, reconstruction, improvement, enlargement, painting and decorating, alteration, demolition, maintenance, rehabbing, resurfacing, pavement milling, mechanical systems service contracts or repair. Locality means Prince George's County, Maryland. Mechanical Systems Service Contracts means a contract for service of the following systems: HVAC systems, including heating, ventilation, and cooling/air conditioning equipment; HVAC systems, including heating, ventilation, and cooling/air conditioning equipment; or refrigeration systems; or plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building; or electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or elevator systems, including escalators, moving walkways, and other related conveyances. Prevailing hourly rate of wages, prevailing hourly wage rate, prevailing rate of wages, prevailing wage rate, prevailing hourly wage, prevailing wage, rate of wages, and wage rates include: The basic hourly rate of pay; and The amount of: The rate of contribution irrevocably made by a contractor, subcontractor, or third person pursuant to a fund, plan, or program which provides for medical, surgical, or hospital care or benefits or pensions on retirement, disability, or death, including any profit sharing plan which provides benefits at or after retirement, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing; for unemployment benefits, life insurance, or accident insurance; for vacation and holiday pay; for defraying costs of apprenticeship or other similar programs; or for other bona fide fringe benefits, but only if the contractor is not required by Federal, State, or local law to provide any of such benefits; and The rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing the fringe benefits specified in paragraph (2)(A) to workmen and apprentices pursuant to an enforceable commitment to carry out a financially responsible plan or program which is communicated in writing to the workmen and apprentices affected. Public body means Prince George's County or any department, officer, board, commission, or agency of the County. Public funds means any funds directly appropriated by the County. Public works includes all buildings, bridges, dams, airports, highways, tunnels, roads, streets, alleys, ditches, sewers, sewage disposal plants, waterworks, land clearing, and excavation and all other structures or works, constructed for public use or benefit or paid for wholly or in part out of public funds, except work done by any public utility company subject to the jurisdiction of the Public Service Commission or other public authority, whether or not done under public supervision or direction or paid for wholly or in part out of public funds, unless let to contract. Public works also includes a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. 6702(A)(2), the McNamara O'Hara Service Contract Act of 1965, as amended. Workman means laborer, workman, and mechanic. High School students registered in work study programs approved by the Prince George's County Board of Education are exempt from the provisions of this Division.

There is hereby established a Wage Determination Board which shall consist of five (5) members to be appointed in the following manner: two (2) from management in the building and construction industry; two (2) from labor organizations representing employees in said industry; and one (1) representative of the general public. All members shall be appointed by the County Executive, subject to confirmation by the County Council. The public member of the Board shall act as Chairman of the Board. The Board shall have the functions and duties set forth in this Division. On or before the first day of January each year, the Board shall submit to the County Executive and the County Council an annual report covering its activities under this Division for the preceding calendar year, including recommendations and including full information as to the operation of the Division and other information and data it deems desirable in connection with prevailing hourly wage rates. The Board may call upon agencies of the State and other local governments for statistical data, reports, and other information which will assist the Board in the performance of its duties. Appointed members of the Board shall serve terms of three (3) years except as hereinafter provided and shall be eligible for reappointment. Of the members first appointed, the one selected from the general public shall serve a term of two (2) years; one (1) management member and one (1) labor member shall serve a term of one (1) year each; and the other two (2) shall serve a term of three (3) years each. Any vacancies occurring in any term shall be filled by appointment of the County Executive as set forth in Section 2-248(a) above. The Board may employ persons to assist it in the performance of its duties to the extent that money is appropriated in the budget.

The Board is hereby authorized and empowered to adopt, establish, repeal, modify, change or amend, from time to time, schedules of prevailing hourly rates of wages to be paid to workmen and apprentices employed on public works, as defined in Section 2-247(g), and service contract employees pursuant to Section 10A-144; provided, however, that the schedules of prevailing hourly rate of wages so established, shall be reviewed by the Board at least once every year and shall be revised to conform to the prevailing hourly rate of wages in the locality. Such schedules of prevailing hourly rate of wages, including the prevailing rate of wages for overtime work, shall be not less than the prevailing hourly rate of wages being paid to workmen and apprentices for work of the same or similar character in the locality; provided, however, that in no event shall the prevailing rate of wages for overtime work be less than time and a half the basic hourly rate of pay for straight time. If there is not a sufficient number of competent workmen engaged in work of the same or similar character within the locality, the Board may use the nearest established location from which such workmen may be obtained in sufficient numbers to perform the work to make the determination. The Board shall give public notice of all determinations of prevailing wage rates pursuant to this Section by publishing the schedules of prevailing hourly rates of wages so established in newspapers of record; By simultaneously posting the schedule of prevailing wages on the landing page of its official webpage; and by mailing U.S. First Class Mail or electronic mail of all determinations of prevailing wage rates made pursuant to this Section to any labor organizations which request the Board to do so. The public body shall specify in the call for bids for every contract what is the prevailing hourly rate of wages, including the prevailing rate of wages for overtime work in the locality for the various classifications of workmen and apprentices needed to execute the contract; and such schedules of the prevailing hourly rate of wages shall be attached to and made a part of the contract for the work. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the specified rates to all workmen and apprentices employed by them in the execution of the contract. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workmen and apprentices performing work under the contract and require best efforts to employ County residents, as defined in Subtitle 10A-101, to work at least 25% of the work hours to complete the contract for construction. It shall also require in all the contractor's bonds that the contractor include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause as provided by contract. Nothing in this Division shall be construed to prohibit the payment to any workman or apprentice employed on any public work of more than the prevailing rate of wages. Nothing in this Division shall be construed to limit the hours of work which may be performed by any workman or apprentice in any particular period of time. The provisions of the Division shall not apply to public works if the federal government or any of its agencies furnishes by loan or grant all or any part of the funds used in the construction of such public works, provided the public works require a prevailing wage determination by the United States Secretary of Labor. If only a portion of a particular public work or public works requires a prevailing wage determination by the United States Secretary of Labor, the provisions of this Division shall apply to the remainder of said public work or public works. In the event that the provisions of the federal Davis-Bacon Act are suspended as authorized by Section 6 of said Act, then the County Executive may suspend the provisions of this Division during the period of such suspension of the Davis-Bacon Act with respect to any public work or public works upon which the United States Secretary of Labor would have been required to make a prevailing wage determination; and, if so suspended by the County Executive, the provisions of this Division shall not be applicable to such public work or public works; provided that if only a portion of a particular public work or public works requires a prevailing wage determination by the United States Secretary of Labor, the County Executive may suspend the provisions of this Division with respect to that portion only or with respect to the entire particular public work or public works in his discretion. In determining such rates, the Board shall ascertain and consider the applicable wage rates established by collective bargaining agreements and such rates as may have been predetermined for federal and Maryland State public works, within the locality and in the nearest labor market area. Where such rates do not constitute the rates actually prevailing in the locality, the Board shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification or type of work involved. The rate fixed for each craft, classification or type of work shall be not less than the prevailing rate paid in such craft, classification or type of work.

Any employer or group of employers engaged in public works construction, any labor organization which is the representative of any classification of workmen, or any agency of the public body which authorizes public work within ten (10) days after notice of the determination of any prevailing wage rate or rates pursuant to Section 2-249(a) hereof, may file with the Board a verified petition, which sets forth the facts upon which it is based, to reconsider the determination of such prevailing wage rate or rates. The Board, upon notice to the petitioner, those agencies of the public body which authorize public work, and the recognized collective bargaining representatives for the particular classifications involved, and also to all persons entitled to receive notice pursuant to Section 2-249(a) hereof, shall institute an investigation and hold a public hearing within twenty (20) days after the filing of such petition. The Board, at its discretion, may hear each petition separately or consolidate for hearing any two (2) or more petitions. At the hearing, the Board shall introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The Board or any interested parties thereafter may introduce any evidence that is material to the issues. Within ten (10) days of the conclusion of the hearing, the Board shall make a determination and transmit it, in writing, to the agencies of the public body which authorize public work and to the interested parties. Such determination shall be final. Upon receipt by any agency of the public body which authorizes public work of the notice of the filing of a petition, such agency shall extend the closing date for the submission of bids on any pending contract until five (5) days after the determination of the prevailing wage rates pursuant to this Section and the publication of such findings.

Not less than the prevailing hourly rate of wages for work of the same or a similar character in the locality in which the work is performed and not less than the prevailing hourly rate of wages for overtime work shall be paid to all workmen and apprentices employed on public works. Workmen and apprentices employed by contractors and subcontractors in the execution of any contract for public work are deemed to be employed on public work. Employees of a public body are deemed not to be employed on public work. No person, firm, or corporation shall violate the wage provisions of any contract contemplated herein or suffer, or require any employee to work for less than the rate of wages so fixed, or violate any of the provisions contained herein. Where workmen or apprentices are employed and their rate of wages has been determined as provided herein, no person, either for himself or any other person, shall request or demand either before or after the workman is engaged, that the workman pay back, return, donate, contribute, or give any part or all of the workman's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with the request or demand will prevent the workman from procuring or retaining employment; and no person, directly or indirectly, shall pay, request, or authorize any other person to violate this Section. All contractors and subcontractors required herein to pay not less than the prevailing rate of wages shall make full payment of such wages unconditionally and without subsequent rebate and without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description, except deductions which must be made by law or which are required or permitted by collective bargaining agreements between a bona fide labor organization and the contractor or subcontractor. This paragraph does not apply if the employer and employee enter into an agreement in writing at the beginning of any term of employment covering deductions for food, sleeping accommodations, or other similar items, provided the agreement is submitted by the employer to the public body awarding the contract and is approved by the public body as fair and reasonable. If any workman or apprentice is paid less than the compensation to which he is entitled hereunder, the contractor shall make restitution to the affected employee for the amount due within five (5) working days after notice thereof by the public body or employee and shall thereafter be liable to the public body for liquidated damages at the rate of Ten Dollars ($10.00) per day for each employee so underpaid. Each day of violation shall constitute a separate violation.

A copy of the prevailing hourly rate of wages shall be kept posted by the contractor at the site of the work in a prominent place where it can easily be seen and read by the workers. In the event a copy of such prevailing hourly rate of wages shall not be so posted, the contractor may be liable to the public body for liquidated damages at the rate of Ten Dollars ($10.00) per day for each day on which the rates are not posted. Each day of violation shall constitute a separate violation. Payroll records shall be maintained in accordance with regulations prescribed by the Board. The records required to be kept shall be open to inspection by any authorized representative of the public body or the Board at any reasonable time and as often as necessary. The contractor shall submit two (2) complete copies of payroll records and the payroll records of each of his subcontractors, in a form prescribed by regulations established by the Board, one (1) copy to be sent to the agency of the public body which authorized the public work, the other to the Board, where they will be available for inspection by the public during regular business hours. The contractor shall be responsible for the submission of all subcontractors' payroll records covering work performed directly at the work site. Each copy of the payroll records shall be accompanied by a statement signed by the contractor or the subcontractor, as the case may be, indicating that the payroll records are correct, that the wage rates contained therein are not less than those established by the Board as set forth in the contract, that the classification set forth for each workman or apprentice conforms with the work he performed, and that the contractor or the subcontractor, as the case may be, has complied with the provisions of this Division. If the contractor is delinquent in submitting his or any of his subcontractors' payroll records which shall be submitted within fourteen (14) working days after the end of each payroll period, processing of partial payment estimates may be held in abeyance pending receipt of the payroll records. In addition, if the contractor is delinquent in submitting his or any of his subcontractors' payroll records, the contractor shall be liable to the public body for liquidated damages in the amount of Ten Dollars ($10.00) for each calendar day that the payroll records are late.

Eight (8) hours shall constitute a regular day's work for all workmen and apprentices employed on public works. Work in excess of eight (8) hours in any one (1) calendar day, work in excess of forty (40) hours in any calendar week exclusive of overtime and work performed on Sundays and legal holidays, as recognized by Prince George's County, shall constitute overtime work.

On any public works to which this Division applies, only competent workmen and apprentices of the trades, crafts, and occupations shall be employed by the contractor and all subcontractors on the public works, provided that the use of apprentices and the ratio of journeymen to apprentices for each craft involved, shall conform to the apprenticeship programs approved by the Bureau of Apprenticeship Training of the U.S. Department of Labor, and as registered with the Maryland Apprenticeship Council, Department of Labor and Industry. Nothing in this Division prevents the employment of laborers to perform work not ordinarily performed by a skilled mechanic or his apprentice of the trade, craft, or occupation, but no person receiving a rate of pay which is the prevailing rate of wages for skilled mechanic or apprentice of such trade, craft, or occupation. Where a laborer performs the work ordinarily performed by any skilled mechanic or his apprentice, he shall be paid for the entire time he has performed such work at the rate of wages applicable to a skilled mechanic; and in the event of such underpayment, restitution shall be made by the contractor to said employee within five (5) working days after notice by the public body or employee, and thereafter, the contractor may be liable to the public body for liquidated damages in an amount not to exceed Ten Dollars ($10.00) per day for each such violation. Each day of violation shall constitute a separate violation.

It shall be the responsibility of the agency awarding the contract to promptly examine all weekly project payrolls submitted by contractors and subcontractors working upon the job site for compliance with the provisions of this Division and the regulations promulgated in pursuance thereof and to report any irregularities to the Board that the employer has failed to correct. The Board shall determine whether there has been compliance with the provisions of this Division and the regulations promulgated thereunder, and contained in the contract. The contractor and subcontractors shall permit representatives or designees of the Board to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls on the project to determine the correctness of classifications, ratios of apprentices to journeymen and payment of proper regular and overtime rates as required. Complaints of alleged violations shall be investigated promptly and statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to his employer without the consent of the employee. If the Board determines that any of the provisions of this Division may have been violated, the Board shall immediately notify the public body interested, which shall withhold payment on account thereof, due the contractor or the subcontractor constructing said public works in an amount sufficient: To pay the workmen and apprentices employed by the contractor or any subcontractor the full amount of wages required by the provisions of this Division; and To satisfy any liability of any contractor for liquidated damages as provided herein, pending a final determination. Within thirty (30) days after an investigation has been completed, the Board shall advise in writing the interested contractors or subcontractors of its findings and their right to a hearing with respect to the matters complained of. The Board in such a hearing shall be deemed to be acting in a quasi-judicial capacity and shall have the right to issue subpoenas, administer oaths, and examine witnesses. The hearing shall be expeditiously conducted, and upon such hearing, the Board shall determine the issues thereon and shall make and file an order in its office stating such determination and forthwith serve a copy of such order, together with notice of filing, upon the public body interested, and the parties to such proceeding, either personally or by mail. Notwithstanding any other provision to the contrary herein, the Board shall have the authority to make the final determination as to the amount of restitution and may assess liquidated damages for violations of the provisions of this Division if it deems proper to do so under the circumstances. In assessing liquidated damages, the Board shall consider the employers reasons for violation. Where the violation was due to indifference, poor bookkeeping practices, nonfeasance or negligence, the Board shall assess the maximum assessment provided therefore in this Division. Where the employer asserts, prior to or within five (5) working days after notice of violation, a reasonable legal basis for his position, the Board shall not assess any damages. In all other cases, the Board shall weigh the reasons and legal arguments advanced by the employer and assess the damages in accordance to the degree of justification given for the violation. Upon the entry and service of the Board order, the public body shall pay to the workmen and apprentices the full amount of wages due and shall satisfy the liquidated damages, as determined by the Board, from the monies due the contractor and subcontractor. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any amounts of money withheld from him pursuant to this Section by the awarding body on account of said subcontractor's failure to comply with the provisions of this Division, and if payment has already been made to him, the contractor may recover said sums from him in a suit at law. Following investigation as provided herein, the Board shall file with the County Purchasing Agent a list of the contractors and subcontractors whom it finds have willfully violated this Division, and such contractors or subcontractors shall be prohibited from contracting directly or indirectly with any public body for the construction of any public works or from performing any work on the same as a contractor or subcontractor for a period of one (1) year from the date the list is filed with the County Purchasing Agent. No public body shall award a contract for a public works to any such contractor or subcontractor during the one (1) year period. The filing of the list with the County Purchasing Agent shall be notice to all public bodies and their officers, officials, members, agents and representatives.

Any workman or apprentice employed by the contractor or any subcontractor who is paid less than the stipulated prevailing hourly wage rates for work done under the contract shall have a right of action to recover the difference between the amounts so paid and the wage rates provided by the contract, and an action brought to recover same shall be deemed to be a suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. It shall not be a defense to such an action that the underpayments were received by said workman or apprentice without protests, either oral or in writing, against the amount thereof, and the lack or failure of protest shall not be a bar to recovery of the difference between the amounts paid and the wage rates provided by the contract.

The Board is hereby authorized and empowered to make any and all rules and regulations from time to time that may be necessary to effectuate the purposes of this Division.

In the event of an emergency, the County Executive is hereby authorized, by Executive Order, to suspend the provisions of this Division, in whole or in part. The meaning of the word emergency as used herein means a pressing necessity or any event or combination of circumstances in the administration of provisions of this Division, which calls for immediate action or remedy in order to protect or advance the interests of the County government. Any such Executive Order shall clearly and specifically describe the nature of the alleged emergency. For any such Executive Order to become effective, it shall be submitted by the County Executive to the County Council for approval thereof. If the County Council fails to take final action on any such Executive Order within seven (7) calendar days after the date of receipt thereof from the County Executive, then such Executive Order shall stand approved.