Minimum wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fringe benefits under Section l (b)( 2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (a) Any class of laborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 8 contracts
Sources: Development and Loan Agreement, Development and Loan Agreement, Development and Loan Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 8 contracts
Sources: Professional Services, Contract, Professional Services
Minimum wages. (1) All laborers and mechanics employed under this contract in the development or working upon the site construction of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) (i) Any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:
: (1A) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
and (2B) The classification is utilized in the area by the construction industry; and
and (3C) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 7 contracts
Sources: Construction Contract, Contract Agreement, Design Build Contract
Minimum wages. All laborers and mechanics employed under this contract in the development or working upon the site construction of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determinationdetermination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; and
provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (including WH-1321) shall be posted at all times by the Contractor and its amount designated for of any costs reasonably anticipated in subcontractors at the site of the work in a prominent and providing bona fide fringe benefits under a plan or accessible place where appropriate)it can be easily seen by the program; provided, a report that the Secretary of Labor has workers. found, upon the written request of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour DivisionContractor, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.that
Appears in 7 contracts
Sources: Contract, Contract Agreement, Contract for Services
Minimum wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made made, or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )5(a) (iv1)(iv); also, regular contributions made made, or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5. 5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’ s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5. 5 (a)(1 )(ii ) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers.
(a) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) : The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) and The classification is utilized in the area by the construction industry; and
(3) and The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f . If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashingtonWashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30 -day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate assets account for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.)
Appears in 6 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 5 contracts
Sources: Grant Contract, Assistance Agreement, Assistance Agreement
Minimum wages. i. All laborers and mechanics employed or working upon the site of the workwork ( or under the United States Housing Act of 193 7 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (( except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (( or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination dete1mination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l section 1 (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)( 4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the ▇▇▇▇▇ ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(l)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
i. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
ii. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 5 contracts
Sources: Disaster Debris Monitoring Services Agreement, Debris Monitoring Services Agreement, Professional Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any Responsibilities
(A) The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(b1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
Appears in 5 contracts
Sources: Federal Transit Operating Assistance Agreement, Federal Transit Operating Assistance Agreement, Mass Transportation Capital Project Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the work, work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, hereof regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under 29 CFR 5.5(a)(1)(ii) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321)) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 4 contracts
Sources: Housing Assistance Payments Contract, Housing Assistance Payments Contract, Housing Assistance Payments Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 4 contracts
Sources: Professional Services, Professional Services, Professional Services
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 4 contracts
Sources: General Contracting Services Agreement, Consulting Agreement, Consulting Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-–▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(ii) of this section) and the ▇▇▇▇▇–▇▇▇▇▇ poster (WH–1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30–day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-– day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇– ▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 4 contracts
Sources: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fringe f ringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fringe f ringe benefits under Section l (b)( 2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of laborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe f ringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe f ringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe f ringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe f ringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from f rom the f i rst day on which work is performed in the classification.
Appears in 4 contracts
Sources: Development and Loan Agreement, Construction Contract, Contract for Goods and Services
Minimum wages. (i) All laborers and mechanics employed or working upon on the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto as Exhibit L-1 and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Borrower and such laborers and mechanics, or between any Contract Party and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )subparagraph (iv)b)(1)(iv) of this Exhibit L; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph (b)(4) below. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under subparagraph (b)(1)(ii) of this Exhibit L) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Borrower and each Contract Party at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Borrower or any Contract Party, as the case may be, and the respective laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorBorrower or any Contract Party, as the case may be, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(bb)(1)(ii) (B) or (cC) of this paragraphExhibit L, shall be paid to all workers performing work in the classification under this contract any ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in any ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Borrower or any Contract Party shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Borrower or any Contract Party does not make payments to a trustee or other third person, the Borrower or any Contract Party may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Borrower or any Contract Party, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Borrower or any Contract Party to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 4 contracts
Sources: Solar Field Agreement (BrightSource Energy Inc), Solar Field Agreement (BrightSource Energy Inc), Solar Field Agreement (BrightSource Energy Inc)
Minimum wages. All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto thereto and made a part hereofthereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )5.5 (iva)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)so
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -01401214-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
Appears in 4 contracts
Sources: Contract Special Provisions, Contract Special Provisions, Contract Special Provisions
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 3 contracts
Sources: Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.)
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l 1 (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under 29 CFR Part 5.5(a)(1)(ii) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (b) I f WH-1321 shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can easily be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 3 contracts
Sources: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in section 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. The Grantee shall require that the contractor and subcontractors include the name of the Grantee employee or official responsible for monitoring compliance with ▇▇▇▇▇-▇▇▇▇▇ on the poster.
(aii) Any (A) The Grantee, on behalf of U.S. EPA, shall require that contracts and subcontracts entered into under this Agreement provide that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The U.S. EPA award official shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 3 contracts
Sources: Grant Agreement, Grant Agreement, Grant Agreement
Minimum wages. (1) All laborers and mechanics employed under this contract in the construction or working upon the site development of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determinationdetermination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; and
provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (2including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) The classification is utilized in and the area ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to Contractor and its subcontractors at the wage rates contained site of the work in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Employee Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts its designee within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 3 contracts
Sources: Contract Agreement, Contract for Services, Service Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is will be attached hereto and made to this agreement at a part hereoflater date, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.or
Appears in 3 contracts
Sources: Assistance Agreement, Assistance Agreement, Assistance Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its A-13 subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The WIFIA assistance recipient, Ogden City, on behalf of the U.S. Environmental Protection Agency (EPA), shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The WIFIA assistance recipient shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the WIFIA assistance recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age Wage and Hour DivisionDivision (WHD Administrator), Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The WHD Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30 -day 30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the WIFIA assistance recipient do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the WIFIA assistance recipient shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe WIFIA assistance recipient, to the WHD Administrator for determination. The WHD Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit asstated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor A-14 may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 3 contracts
Sources: Construction Management/General Contractor Agreement, Construction Management/General Contractor Agreement, Construction Management/General Contractor Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4) [paragraph (a)(4) below]. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ Act poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Loan Guarantee Agreement (Oglethorpe Power Corp), Loan Guarantee Agreement (Oglethorpe Power Corp)
Minimum wages. All laborers and mechanics employed or working upon the site of the work, work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, hereof regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's [12514] payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under 29 CFR 5.5(a)(1)(ii) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321)) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Housing Assistance Payments Contract, Housing Assistance Payments Contract
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, hereof regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions Contri- butions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate speci- fied for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classifica- tion and wage rates contained in conformed under 29 CFR Part 5.5(a)(1)(ii) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321)) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Housing Assistance Payments Contract, Housing Assistance Payments Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 2 contracts
Sources: Project Finance Agreement, Project Finance Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-–▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30–day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-– day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇– ▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 2 contracts
Sources: Contract for Services, Contract for Services
Minimum wages. (i) All laborers and mechanics employed or working upon on the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto to the Common Agreement as Schedule 6.30(d) and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Borrower and such laborers and mechanics, or between any Contract Party and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )subparagraph (iv)b)(1)(iv) of this Exhibit; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph (b)(4) below. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under subparagraph (b)(1)(ii) of this Exhibit) as attached to the Common Agreement as Schedule 6.30(d) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Borrower and each Contract Party at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Borrower or any Contract Party, as the case may be, and the respective laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorBorrower or any Contract Party, as the case may be, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(bb)(1)(ii) (B) or (cC) of this paragraphExhibit, shall be paid to all workers performing work in the classification under this contract any ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in any ▇▇▇▇▇-▇▇▇▇▇ Act Covered Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Borrower or any Contract Party shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Borrower or any Contract Party does not make payments to a trustee or other third person, the Borrower or any Contract Party may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Borrower or any Contract Party, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Borrower or any Contract Party to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 2 contracts
Sources: Common Agreement (Beacon Power Corp), Common Agreement (Beacon Power Corp)
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) or (cB) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.or
Appears in 2 contracts
Sources: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Contractor
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Construction Management Agreement, Construction Management Agreement
Minimum wages. (1) All laborers and mechanics employed under this contract in the construction or working upon the site development of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) (i) Any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:
(1a) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2b) The classification is utilized in the area by the construction industry; and
(3c) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determinationdetemination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Contract Agreement, Contract for Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any (A) The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.)
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l section 1 (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4) [paragraph (a)(4) below]. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(l)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Loan Guarantee Agreement (Georgia Power Co), Construction Completion Agreement (Mississippi Power Co)
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 2 contracts
Sources: American Recovery and Reinvestment Act Standard Terms, Doe Award Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor▇▇▇▇▇▇▇▇▇▇, W ashington, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within with 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(v) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
Appears in 2 contracts
Sources: Service Contract, Service Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 2 contracts
Sources: Cooperative Agreement (Amyris Biotechnologies Inc), Assistance Agreement (Solazyme Inc)
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any (A) The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1met:(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2and(2) The classification is utilized in the area by the construction industry; and
and (3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Construction Management Agreement, Construction Management Agreement
Minimum wages. Pursuant to Section 212 of the National Housing Act, as amended, 12 U.S.C. 1715c, the minimum wage provisions contained in this paragraph B do not apply to those projects with Security Instruments insured under Section 221(h)(1) designed for less than 9 families and they do not apply to those projects with Security Instruments insured under either Section 220 or 233 designed for less than 12 families.
(i) All laborers and mechanics employed or working upon the site of the work, will work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project) shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l 1 (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act (40 U.S.C. 3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each Previous editions are obsolete; Construction Contract Supp HUD-92554M (06/14) Replaces form HUD-92554 classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii)) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which that is not l isted listed in the wage determination and which that is to be employed under the contract this Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 2 contracts
Sources: Contract Agreement, Contract
Minimum wages. (1) All laborers and mechanics employed or working upon the site of the workwork that is the subject of this Agreement (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR ▇▇▇ [▇▇ ▇▇▇ Part 3]), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereofLabor, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) Any (A). The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Agreement shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1i) The Except with respect to helpers as defined as 29 CFR Section 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2ii) The classification is utilized in the area by the construction industry; and
and (3) iii). The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
; and (b) I f the contractor and the laborers and mechanics iv). With respect to be employed helpers as defined in 29 CFR Section 5.2(n)(4), such a classification prevails in the classification (if known), or their representatives, and HUD or i ts designee agree on area in which the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classificationperformed.
Appears in 2 contracts
Sources: Professional Services, Professional Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(ii) (a) Any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor therefore, only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers or mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ Act poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any (A) The contracting officer shall require that any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Construction Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇- ▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Construction Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual Contractual relationship which may be alleged to exist between the contractor CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the CONTRACTOR and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii) a) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Transit Advertising Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Secretaryof Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered areconsidered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid theappropriate wage rate and fringe benefits on the wage determination for the classification ofwork actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and theDavis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and classificationand wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by performedby a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determinationwagedetermination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized anauthorized representative, will approve, modify, or disapprove every additional classification additionalclassification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the inthe classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant determinedpursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amountof any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Grant Agreement
Minimum wages. (1) All laborers and mechanics employed or working upon the site of the workwork that is the subject of this Agreement (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇Cope▇▇▇▇ Act (29 CFR Part ▇▇▇ [▇▇ ▇▇▇ ▇▇▇t 3]), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereofLabor, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) Any (A). The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Agreement shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1i) The Except with respect to helpers as defined as 29 CFR Section 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2ii) The classification is utilized in the area by the construction industry; and
and (3) iii). The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
; and (b) I f the contractor and the laborers and mechanics iv). With respect to be employed helpers as defined in 29 CFR Section 5.2(n)(4), such a classification prevails in the classification (if known), or their representatives, and HUD or i ts designee agree on area in which the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classificationperformed.
Appears in 1 contract
Sources: Professional Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-–▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(ii) of this section) and the ▇▇▇▇▇–▇▇▇▇▇ poster (WH–1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30–day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-–day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇–▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Minimum wages. (i) Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the workwork (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of basic hourly wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of this section, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2) of the ▇▇▇▇▇-▇▇▇▇▇ Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(v) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in must be paid the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph (1a)(4) The of this section. Laborers or mechanics performing work to in more than one classification may be performed by compensated at the rate specified for each classification requested is not performed by a for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classifications and wage rates contained in conformed under paragraph (a)(1)(iii) of this section) and the wage determination.
▇▇▇▇▇- ▇▇▇▇▇ poster (bWH-1321) I f must be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Public Works Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (aincluding any additional classification and wage rates conformed under paragraph (a)(1)(ii) Any of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) a. The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) b. The classification is utilized in the area by the construction industry; and
(3) c. The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Business Loan and Security Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-I321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Assistance Agreement (Myriant Corp)
Minimum wages. (1) All laborers and mechanics employed or working upon the site of the workwork that is the subject of this Agreement (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR ▇▇▇ [▇▇ ▇▇▇ Part 3]), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereofLabor, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) Any (A). The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Agreement shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1i) The Except with respect to helpers as defined as 29 CFR Section 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2ii) The classification is utilized in the area by the construction industry; and
(3iii) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.; and
(biv) I f the contractor and the laborers and mechanics With respect to be employed helpers as defined in 29 CFR Section 5.2(n)(4), such a classification prevails in the classification (if known), or their representatives, and HUD or i ts designee agree on area in which the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classificationperformed.
Appears in 1 contract
Sources: Lease Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 1 contract
Sources: Grant Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (Act, 29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a) Any The sponsor, on behalf of EPA, shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The FDEP shall approve a request for an additional classification and wage rate and fringe benefits therefor benefits; therefore, only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the sponsor(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the sponsor to the FDEP. The FDEP will transmit the request to the Administrator of the W age Wage and Hour Division, Employment employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.additional
Appears in 1 contract
Sources: Construction Contract
Minimum wages. All laborers and mechanics employed or working upon the site of the work, will work shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination determinations of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor ESCO and such laborers and mechanics. .
(a) Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l 1(b) (b)( 2) of the ▇▇▇▇▇-▇▇▇▇▇ Act (40 USCS §3141(2)(B)(ii)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Regulations, 29 CFR 5. 5(a)(1 §5.5(a)(1)(iv), and Subparagraph (iv)g) of General Conditions, Subparagraph 7.22.4.2; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in Regulations, 29 CFR §5.5(a)(4), and elsewhere in this Contract. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under Regulations, 29 CFR §5.5(a)(1)(ii) and this Contract, and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the ESCO and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ab) Any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The School District shall approve an additional classification and wage rate and fringe benefits therefor therefore only when all the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bc) I f If the contractor ESCO and the laborers and mechanics to be employed in the classification (if known), ) or their representatives, and HUD or i ts designee the School District agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the School District to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇.▇. ▇▇▇▇▇. The AdministratorAdministrator of the Wage and Hour Division, or an authorized representative, will approve, modify, modify or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the School District or will notify HUD or i ts designee the School District within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cd) In the event the contractorESCO, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the School District do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the School District shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe School District, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the School District or will notify HUD or i ts designee within the School District with the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(de) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b§5.5(a)(1)(ii)(B) or (cC) of the Regulations, 29 CFR Part 5, and the provisions of this paragraphContract, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(f) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the ESCO shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(g) If the ESCO does not make payments to a trustee or other third person, the ESCO may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the ESCO, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the ESCO to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Guaranteed Energy Savings Agreement
Minimum wages. (1) All laborers and mechanics employed under this contract in the development or working upon the site construction of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determinationdetermination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; and
provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (including WH-1321) shall be posted at all times by the Contractor and its amount designated for of any costs reasonably anticipated in subcontractors at the site of the work in a prominent and providing bona fide fringe benefits under a plan or accessible place where appropriate)it can be easily seen by the program; provided, a report that the Secretary of Labor has workers. found, upon the written request of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour DivisionContractor, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.that
Appears in 1 contract
Sources: Contract for Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree [ * ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Assistance Agreement (Enerkem Inc.)
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not butnot less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits onthe wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The WIFIA assistance recipient, County, on behalf of the U.S. Environmental Protection Agency (EPA), shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with conformancewith the wage determination. HUD The WIFIA assistance recipient shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the WIFIA assistance recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age Wage and Hour DivisionDivision (WHD Administrator), Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The WHD Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the WIFIA assistance recipient do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the WIFIA assistance recipient shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe WIFIA assistancerecipient, to the WHD Administrator for determination. The WHD Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit asstated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipatedin providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇- ▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Contract for Construction
Minimum wages. (1) All laborers and mechanics employed under this contract in the construction or working upon the site development of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a2) (i) Any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met:
(1a) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2b) The classification is utilized in the area by the construction industry; and
(3c) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Authorized Vendor Program Application and Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇C▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇D▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the D▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Public Works Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, ▇▇▇.▇▇▇.▇▇▇.
(aii) Any (A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Principal Forgiveness Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted DocuSign Envelope ID: CA331125-932F-465B-8F7D-D5A688001127 at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the DocuSign Envelope ID: CA331125-932F-465B-8F7D-D5A688001127 Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Contract for Reclamation Services
Minimum wages. (1) All laborers and mechanics employed under this contract in the development or working upon the site construction of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period.. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its amount of any costs reasonably anticipated in subcontractors at the site of the work in a prominent and providing bona fide fringe benefits under a plan or accessible place where it can be easily seen by the program; provided, that the Secretary of Labor has workers. found, upon the written request of the Contractor, that
(ai) Any class of laborers or mechanics mechanics, including the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have helpers, which is not l isted listed in the wage been met. The Secretary of Labor may require the determination and which is to be employed under Contractor to set aside in a separate account assets the contract shall be classified in conformance with for the meeting of obligations under the plan or the wage determination. HUD shall approve an program. additional classification and wage rate and fringe (b) Withholding of funds. HUD or its designee shall, upon its benefits therefor only when all the following criteria own action or upon written request of an authorized have been met:
: (1A) The work to be performed by representative of the Department of Labor, withhold or the classification requested is not performed by a cause to be withheld from the Contractor under this classification in the wage determination; and
and (2B) contract or any other Federal contract with the same The classification is utilized in the area by the prime Contractor, or any other Federally-assisted construction industry; and
and (3C) The proposed wage contract subject to ▇▇▇▇▇-▇▇▇▇▇ prevailing wage rate, including any bona f ide fide fringe benefits, bears requirements, which is held by the same prime a reasonable relationship to the wage rates Contractor, so much of the accrued payments or contained in the wage advances as may be considered necessary to pay determination.. laborers and mechanics, including apprentices, trainees,
(bii) I f If the contractor Contractor and the laborers and mechanics and helpers, employed by the Contractor or any to be employed in the classification (if known), or subcontractor the full amount of wages required by the their representatives, and HUD or i ts its designee contract. In the event of failure to pay any laborer or agree on the classification and wage rate mechanic, including any apprentice, trainee, or helper, (including the amount designated for fringe employed or working in the construction or development benefits where appropriate), a report of the action of the project, all or part of the wages required by the taken shall be sent by HUD or i ts its designee to the contract, HUD or its designee may, after written notice to Administrator of the W age Wage and Hour Division, Employment the Contractor, take such action as may be necessary to Employee Standards Administration, U. S. U.S. cause the suspension of any further payment, advance, Department of Labor, W ashingtonWashington, D. C. DC 20210. or guarantee of funds until such violations have ceased. The Administrator, or an authorized HUD or its designee may, after written notice to the representative, will approve, modify, or disapprove Contractor, disburse such amounts withheld for and on every additional classification action within 30 days account of the Contractor or subcontractor to the of receipt and so advise HUD or i ts its designee or will respective employees to whom they are due. notify HUD or i ts its designee within the 30 -day 30-day period that additional t ime is necessary. (Approved by the Office of Management c) Payrolls and Budget under OMB control number 1215- 0140basic records.)
(c1) Payrolls and basic records relating thereto shall be
(iii) In the event the contractorContractor, the laborers or maintained by the Contractor during the course of the mechanics to be employed in the classification or work and preserved for a period of three years their representatives, and HUD or i ts its designee do thereafter for all laborers and mechanics working in not agree on the proposed classification and wage the construction or development of the project. Such rate (including the amount designated for f ringe fringe records shall contain the name, address, and social benefits, where appropriate), HUD or i ts its designee security number of each such worker, his or her shall refer the questions, including the views of all correct classification, hourly rates of wages paid interested parties and the recommendation of HUD (including rates of contributions or i ts costs anticipated or its designee, to the Administrator of the Wage for bona fide fringe benefits or cash equivalents and Hour Division for determination. The thereof of the types described in section 1(b)(2)(B) of Administrator, or an authorized representative, will the ▇▇▇▇▇-▇▇▇▇▇ Act), daily and weekly number of issue a determination within 30 days of receipt and hours worked, deductions made, and actual wages so advise HUD or i ts its designee or will notify HUD or i ts paid. Whenever the Secretary of Labor has found, its designee within the 30-day period that under 29 CFR 5.5(a)(1)(iv), that the wages of any additional t ime time is necessary. (Approved by laborer or mechanic include the Office amount of Management and Budget under OMB Control Number 1215 -0140.)costs
(div) The wage rate (including fringe benefits where reasonably anticipated in providing benefits under a appropriate) determined pursuant to plan or program described in section 1(b)(2)(B) of the subparagraphs (1)(ii)(ba)(2)(ii) or (ciii) of this paragraphclause shall ▇▇▇▇▇-▇▇▇▇▇ Act, the Contractor shall maintain be paid to all workers performing work in the records which show that the commitment to provide classification under this contract from the f i rst first day such benefits is enforceable, that the plan or program on which work is performed in classification. is financially responsible, and that the plan or
(3) Whenever the minimum wage rate prescribed in the program has been communicated in writing to the contract for a class of laborers or mechanics includes laborers or mechanics affected, and records which a fringe benefit which is not expressed as an hourly show the costs anticipated or the actual cost incurred rate, the Contractor shall either pay the benefit as in providing such benefits. Contractors employing stated in the wage determination or shall pay another apprentices or trainees under approved programs bona fide fringe benefit or an hourly cash equivalent shall maintain written evidence of the registration of thereof. apprenticeship programs and certification of trainee
(4) If the Contractor does not make payments to a trustee programs, the registration of the apprentices and or other third person, the Contractor may consider as trainees, and the ratios and wage rates prescribed in part of the wages of any laborer or mechanic the the applicable programs.
(i) The Contractor shall submit weekly for each week make such records available may be grounds for in which any contract work is performed a copy of debarment action pursuant to 29 CFR 5.12. all payrolls to the Contracting Officer for (d) (1) Apprentices. Apprentices will be permitted to work at transmission to HUD or its designee. The payrolls less than the predetermined rate for the work they submitted shall set out accurately and completely performed when they are employed pursuant to and all of the information required to be maintained individually registered in a bona fide apprenticeship under subparagraph (c)(1) of this clause. This program registered with the U.S. Department of information may be submitted in any form desired. Labor, Employment and Training Administration, Optional Form WH-347 (Federal Stock Number Office of Apprenticeship and Training, Employer and 029-005-00014-1) is available for this purpose and Labor Services (OATELS), or with a State may be purchased from the Superintendent of Apprenticeship Agency recognized by OATELS, or if a Documents, U.S. Government Printing Office, person is employed in his or her first 90 days of Washington, D.C. 20402. The Contractor is probationary employment as an apprentice in such an responsible for the submission of copies of apprenticeship program, who is not individually payrolls by all subcontractors. (Approved by the registered in the program, but who has been certified Office of Management and Budget under OMB by OATELS or a State Apprenticeship Agency (where Control Number 1214-0149.) appropriate) to be eligible for probationary
(ii) Each payroll submitted shall be accompanied by a employment as an apprentice. The allowable ratio of “Statement of Compliance,” signed by the apprentices to journeymen on the job site in any craft Contractor or subcontractor or his or her agent classification shall not be greater than the ratio who pays or supervises the payment of the permitted to the Contractor as to the entire work force persons employed under the contract and shall under the registered program. Any worker listed on a certify the following: payroll at an apprentice wage rate, who is not
(A) That the payroll for the payroll period contains registered or otherwise employed as stated in this the information required to be maintained paragraph, shall be paid not less than the applicable under paragraph (c) (1) of this clause and that wage rate on the wage determination for the such information is correct and complete; classification of work actually performed. In addition,
(B) That each laborer or mechanic (including each any apprentice performing work on the job site in helper, apprentice, and trainee) employed on excess of the ratio permitted under the registered the contract during the payroll period has been program shall be paid not less than the applicable paid the full weekly wages earned, without wage rate on the wage determination for the work rebate, either directly or indirectly, and that no actually performed. Where a contractor is performing deductions have been made either directly or construction on a project in a locality other than that in indirectly from the full wages earned, other which its program is registered, the ratios and wage than permissible deductions as set forth in 29 rates (expressed in percentages of the journeyman’s CFR Part 3; and hourly rate) specified in the Contractor’s or
(C) That each laborer or mechanic has been paid subcontractor’s registered program shall be observed. not less than the applicable wage rates and Every apprentice must be paid at not less than the rate fringe benefits or cash equivalents for the specified in the registered program for the apprentice’s classification of work performed, as specified level of progress, expressed as a percentage of the in the applicable wage determination journeyman hourly rate specified in the applicable incorporated into the contract. wage determination. Apprentices shall be paid fringe
(iii) The weekly submission of a properly executed benefits in accordance with the provisions of the certification set forth on the reverse side of apprenticeship program. If the apprenticeship program Optional Form WH-347 shall satisfy the does not specify fringe benefits, apprentices must be requirements for submission of the “Statement of paid the full amount of fringe benefits listed on the Compliance” required by subparagraph (c)(2)(ii) of wage determination for the applicable classification.. If this clause. the Administrator of the Wage and Hour Division
(iv) The falsification of any of the above certifications determines that a different practice prevails for the may subject the Contractor or subcontractor to civil applicable apprentice classification, fringes shall be or criminal prosecution under Section 1001 of Title paid in accordance with that determination. In the 18 and Section 3729 of Title 31 of the United event OATELS, or a State Apprenticeship Agency States Code. recognized by ▇▇▇▇▇▇, withdraws approval of an
Appears in 1 contract
Sources: Subcontract Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment payments computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fringe fide benefits under Section l 1(b) (b)( 2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )Part 5.5 (a)(1) (iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under 29 CFR Part 5.5(a)(1)(ii) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Contract Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:to
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -01401215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(1)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Professional Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto as Exhibit “C” and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this Section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this Section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its Subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this Section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)the
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within with 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(v) (B) or (cC) of this paragraphSection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
Appears in 1 contract
Sources: Request for Proposal
Minimum wages. a. All mechanics and laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally unconditionally, and not less often than once a week, week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)account, the full amount of wages and bona f ide fide fringe benefits (or Or cash equivalents thereof) due at t ime time of payment computed at wage rates not less than those contained specified in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, General Wage Determinations referenced in this section regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics; and the wage determination decision shall be posted by the Contractor at the site of the work in a prominent place where it can be easily seen by the workers. Contributions For the purpose of this clause, contributions made or costs cost reasonably anticipated for bona f ide fringe benefits under Section l (b)( 2) the Labor Code of the ▇▇▇▇▇-▇▇▇▇▇ Act State of California on behalf of laborers or mechanics are considered wages paid to by such laborers Laborers or mechanics, subject to . Also for the provisions purpose of 29 CFR 5. 5(a)(1 )(iv); alsothis clause, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, funds or programs, which cover but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any b. Authority shall require that any class of laborers or mechanics mechanics, including helpers, apprentices and trainees, which is not l isted listed in the wage determination General Wage Determinations and which is to be employed under the contract this Contract, shall be classified in conformance with the conformably to such wage determinationdeterminations. HUD shall The Authority will approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
: (1) The the work to be performed by the classification requested is not performed by a classification in the wage determination; and
and (2) The the classification is utilized in the area by the construction industry; and
and (3) The the proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f . If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Authority agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Authority to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, Administrator will approve, modify, or disapprove every additional classification action within 30 thirty (30) days of from receipt and so advise HUD or i ts designee the Authority or will notify HUD or i ts designee the Authority within the 30 -day thirty (30)-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) c. In the event the contractorAuthority does not concur in the Contractor's proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the laborers or mechanics to be employed in the classification or their representativesquestion, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and accompanied by the recommendation of HUD or i ts designeethe Authority, shall be referred to the Administrator State Director of Industrial Relations for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, subsection shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
d. Authority shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the Authority, shall be referred to the State Director of Industrial Relations for determination.
e. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon written request of Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under this plan or program.
f. All disputes concerning the payment of wages or the classification of workers under this Agreement shall be promptly reported to the Authority.
Appears in 1 contract
Sources: Construction Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-I321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Assistance Agreement (Myriant Corp)
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Provider and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Provider and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any (A) The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(( 1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Professional Services Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aii) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(biii) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(ci) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dii) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
Appears in 1 contract
Sources: Construction Contract
Minimum wages. All laborers and mechanics employed or working upon the site of the workWork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part C.F.R. part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇ - ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in 29 C.F.R. Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classifications and wage rates contained in the wage determination.
conformed under paragraph (b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(ii) of this paragraph, section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the CONTRACTOR and its sub- CONTRACTORS at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 1 contract
Sources: Construction Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l section 1 (b)( 2b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4) [paragraph (a)(4) below]. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached reserved for attachment hereto and shall be made a part hereofhereof upon determination of a host site for the project, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 1 contract
Sources: Assistance Agreement
Minimum wages. (1) All laborers and mechanics employed under this contract in the construction or working upon the site development of the work, project(s) involved will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular regular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determinationdetermination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; and
provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (2including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) The classification is utilized in and the area ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to Contractor and its subcontractors at the wage rates contained site of the work in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Employee Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts its designee within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Contract Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Transportation Energy Efficiency Alternative Fuels and Technology Stimulus Grant Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorCONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the ▇▇▇▇▇- ▇▇▇▇▇ Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Professional Services Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR C.F.R. Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(1)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashington▇▇▇▇▇▇▇▇▇▇, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Interlocal Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Professional Services
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇C▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached reserved for attachment hereto and shall be made a part hereofhereof upon determination of a host site for the project, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇D▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the additional classification and wage rate rates conformed under paragraph (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (ca)(1)(ii) of this paragraph, section) and the D▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be paid to posted at all workers performing times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the classification under this contract from the f i rst day on which work is performed in the classificationworkers.
Appears in 1 contract
Sources: Assistance Agreement (Ada-Es Inc)
Minimum wages. (1) All laborers and mechanics employed or working upon the site of the workWork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Vendor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv§ 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which programs that cover the particular weekly period, are deemed to be constructively made or incurred during such duringsuch weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided at 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR § 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Vendor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ai) Any The Contract Officer shall require that any class of laborers or mechanics which mechanics, including helpers, that is not l isted listed in the wage determination and which that is to be employed under the contract Purchase Order shall be classified in conformance with the withthe wage determination. HUD The Contract Officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The a. Except with respect to helpers as defined in 29 CFR § 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) b. The classification is utilized in the area by the construction industry; and
(3) c. The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
d. With respect to helpers as defined in 29 CFR § 5.2(n)(4), such a classification prevails in the area in which the work is performed.
ii) The Vendor is required to follow the rules and regulations established as part of the ▇▇▇▇▇-▇▇▇▇▇ Act. It is the responsibility of the Vendor to periodically review these wage determinations to assure that the Vendor is using the most recent updates from the United States Department of Labor (bDOL). The Vendor has the responsibility to obtain and use the latest updates of these wage determinations. The Vendor may access these wage determinations through the following ▇▇▇.▇▇▇ website. Go to: ▇▇▇▇▇://▇▇▇▇.▇▇▇.gov/ Select State: Indiana (or appropriate state) I f Select County: (▇▇▇▇▇▇▇ or appropriate county) Select Construction Type: Heavy. This will bring up the contractor current prevailing wages required, which can be downloaded or printed.
iii) If the Vendor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contract Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contract Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. D.C. 20210. The Administratoradministrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contract Officer or will notify HUD or i ts designee the Contract Officer within the 30 -day thirty (30) day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(civ) In the event the contractorVendor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contract Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contract Officer shall refer the questions, questions including the views of all interested parties and the recommendation of HUD or i ts designeethe Contract Officer, to the Administrator administrator for determination. The Administratoradministrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee advice the Contract Officer or will notify HUD or i ts designee the Contract Officer within the thirty (30-) day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b29 CFR § 5.5(a)(i)(1)(B) or (c) of this paragraph29 CFR § 5.5(a)(i)(1)(C), shall be paid to all workers performing work in the classification under this contract Purchase Order from the f i rst first day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Purchase Order for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Vendor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Vendor does not make payments to a trustee or other third person, the Vendor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Vendor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Vendor to set aside. in a separate account, assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Purchase Order
Minimum wages. 1.) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which which, if applicable, is attached hereto and made a part hereofhereof (the attachment is the most current determination), regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Determinations may change during the term of the Contract, and the wages and fringe benefits required by the most recent determination of the Secretary of Labor are those to be used. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)A)(4) of this Section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (A)(2) of this Section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(a) Any a. The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1i) The Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and;
(2ii) The classification is utilized in the area by the construction industry; and;
(3iii) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and
(iv) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed.
(b) I f b. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) c. In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) d. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs A (1)(ii)(b2) (b) or (c) of this paragraphSection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
3.) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
4.) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
a. The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
b. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
c. In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
d. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs A(2) (b) or (c) of this Section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.
Appears in 1 contract
Sources: Indefinite Quantity Contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Design-Builder and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Design-Builder and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Design-Builder and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorDesign-Builder, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Design-Builder shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Design-Builder does not make payments to a trustee or other third person, the Design-Builder may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Design-Builder, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Design-Builder to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Progressive Design Build Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Interlocal Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇- ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the Contracting Officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractorContractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the Contracting Officer or will notify HUD or i ts designee the Contracting Officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii)(B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract Contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Grant Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The Contracting Officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract Contract shall be classified in conformance with the wage determination. HUD The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Doe Award Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(1)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH–1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, ▇▇▇.▇▇▇.▇▇▇.
(aii) Any (A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Loan Forgiveness Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4) [paragraph (a)(4) below]. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(1)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto the Grantor has provided the Subgrantee and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(l)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the ▇▇▇▇▇ ▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subgrantee shall require that all contractors and subcontractors include the name of the employee or official responsible for monitoring ▇▇▇▇▇ ▇▇▇▇▇ compliance on the poster.
(aii) Any (A) All contracts and subcontracts entered into by the Subgrantee shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The relevant Award Official shall approve approve, upon the request of the Subgrantee, an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. D Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. The Recipient may obtain wage determinations from the U.S. Department of Labor’s web site, ▇▇▇.▇▇▇▇.▇▇▇.
(aii) Any (A) The Recipient, on behalf of EPA, shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The EPA award official shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; andand RAFT
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Project Finance Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR C.F.R. Part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Proposal Letter
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ai) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor benefits; therefore, only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bii) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment employment Standards Administration, U. S. Department of Labor, W ashingtonWashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 1215-0140.)
(ciii) In the event that the contractorContractor, the laborers or mechanics to be employed in the classification Classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated designed for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-day period that the additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140215-0140.)
(div) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(bb)(ii) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.or
Appears in 1 contract
Sources: Supplemental Conditions
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once 1/1(\/ a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part CPR part 3)), the full amount of wages ofwages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any ofany contractual relationship which may be alleged to exist between the contractor Provider and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 paragraph (a)(l )(iv)) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l )(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the Provider and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including / v helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards AdministrationU.S. Department ofLabor, U. S. Department of Labor▇▇▇▇▇▇▇▇▇▇, W ashington, D. C. 20210▇▇ ▇▇▇▇▇. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt ofreceipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(l)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Prov;ded, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Professional Services Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3) ), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, ▇▇▇.▇▇▇▇.▇▇▇.
(aii) Any (A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The EPA award official shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Grant Agreement
Minimum wages. All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 21(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ai) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor benefits; therefore, only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bii) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment employment Standards Administration, U. S. Department of Labor, W ashingtonWashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 1215-0140.)
(ciii) In the event that the contractorContractor, the laborers or mechanics to be employed in the classification Classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated designed for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-day period that the additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -01401215-0140.)
(div) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(bb)(ii) or (ciii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
Appears in 1 contract
Sources: CDBG Grant Administration Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-- ▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted DocuSign Envelope ID: 1B21CC74-2CEE-4D68-9051-D20D83711903 at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The contracting officer shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee the contracting officer to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe contracting officer, to the DocuSign Envelope ID: 1B21CC74-2CEE-4D68-9051-D20D83711903 Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the contracting officer or will notify HUD or i ts designee the contracting officer within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Contract for Reclamation Services
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of . Such laborers or and mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with paid the wage determination. HUD shall approve an additional classification and appropriate wage rate and fringe benefits therefor only when on the following criteria have been met:
(1) The work to be performed by wage determination for the classification requested is not performed by a of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in the which work is performed. The wage determination; and
determination (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fringe benefits, bears a reasonable relationship to the additional classification and wage rates contained in conformed under paragraph (a)(1)(ii) of this section) and the wage determination.
▇▇▇▇▇-▇▇▇▇▇ poster (bWH-1321) I f shall be posted at all times by the contractor and its subcontractors at the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report site of the action taken shall work in a prominent and accessible place where it can be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved easily seen by the Office of Management and Budget under OMB control number 1215- 0140workers.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
Appears in 1 contract
Sources: Professional Services
Minimum wages. All laborers and mechanics employed or working upon the site of the work, work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (29 CFR Part 3), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor Sub-recipient and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2l(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
(a) Any class of laborers or mechanics which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f If the contractor Sub-recipient and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts its designee to the Administrator of the W age Wage and Hour Division, Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove D.C. every additional classification action within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30 -day 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 1215-0140.)
(c) In the event the contractorSub-recipient, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts its designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts its designee or will notify HUD or i ts its designee within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -01401215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
Appears in 1 contract
Sources: Cooperative Endeavor Agreement
Minimum wages. (i) All laborers and mechanics employed or working upon the site of the workwork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the ▇▇▇▇▇▇▇▇ Act (( 29 CFR Part part 3)), the full amount of wages and bona f ide fide fringe benefits (or cash equivalents thereof) due at t ime time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide fide fringe benefits under Section l (b)( 2section 1(b)(2) of the ▇▇▇▇▇-▇▇▇▇▇ Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )paragraph (iv)a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the ▇▇▇▇▇-▇▇▇▇▇ poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(aA) Any The WIFIA assistance recipient, City of Joliet, on behalf of the U.S. Environmental Protection Agency (EPA), shall require that any class of laborers or mechanics mechanics, including helpers, which is not l isted listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD The WIFIA assistance recipient shall approve an additional classification and wage rate and fringe benefits therefor therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona f ide fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(bB) I f If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee the WIFIA assistance recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age Wage and Hour DivisionDivision (WHD Administrator), Employment Standards Administration, U. S. U.S. Department of Labor, W ashingtonWashington, D. C. DC 20210. The WHD Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30 -day 30- day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.)
(cC) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee the WIFIA assistance recipient do not agree on the proposed classification and wage rate (including the amount designated for f ringe fringe benefits, where appropriate), HUD or i ts designee the WIFIA assistance recipient shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designeethe WIFIA assistance recipient, to the WHD Administrator for determination. The WHD Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee the WIFIA assistance recipient or will notify HUD or i ts designee the WIFIA assistance recipient within the 30-day period that additional t ime time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)
(dD) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs paragraphs (1)(ii)(ba)(1)(ii) (B) or (cC) of this paragraphsection, shall be paid to all workers performing work in the classification under this contract from the f i rst first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the ▇▇▇▇▇-▇▇▇▇▇ Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
Appears in 1 contract
Sources: Professional Services Agreement