# Sec. 2-249. Determination of prevailing wage rate

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Sec. 2-249. Determination of prevailing wage rate

Prince George's County, Md., Code § 2-249 (2026)

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.