<?xml version='1.0' encoding='utf-8'?>
<section number="2-251" name="Payment of prevailing wages" law="code" slug="sec-2-251" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV14PRHOWARAPUWO_S2-251PAPRWA">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>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.</text>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
