background image

736 

14 CFR Ch. I (1–1–19 Edition) 

Pt. 152, App. A 

or working on the site of the work all or part 
of the wages required by this contract, the 
FAA may, after written notice to the [insert 
sponsor’s name], take such action as may be 
necessary to cause the suspension of any fur-
ther payment or advance of funds until such 
violations have ceased (29 CFR 5.5(a)(2)). 

C. Payrolls and basic records. 

(1) Payrolls 

and basic records relating thereto will be 
maintained during the course of the work 
and preserved for a period of 3 years there-
after for all laborers and mechanics working 
at the site of the work. Such records will 
contain the name and address of each such 
employee, his correct classification, rates of 
pay (including rates of contributions or costs 
anticipated of the types described in section 
1(b)(2) of the Davis-Bacon Act), daily and 
weekly number of hours worked, deductions 
made and actual wages paid. Whenever the 
Secretary of Labor has found, under 29 CFR 
5.5(a)(1)(iv) (see paragraph (4) of paragraph A 
above), that the wages of any laborer or me-
chanic include the amount of any costs rea-
sonably anticipated in providing benefits 
under a plan or program described in section 
1(b)(2)(B) of the Davis-Bacon Act, the con-
tractor shall maintain records which show 
that the commitment to provide such bene-
fits is enforceable, that the plan or program 
is financially responsible, and that the plan 
or program has been communicated in writ-
ing to the laborers or mechanics affected, 
and records which show the costs anticipated 
or the actual costs incurred in providing 
such benefits (29 CFR 5.5(a)(3)(i)). 

(2) The contractor will submit weekly a 

copy of all payrolls to the [insert sponsor’s 
name] for availability to the FAA. The copy 
shall be accompanied by a statement signed 
by the employer or his agent indicating that 
the payrolls are correct and complete, that 
the wage rates contained therein are not less 
than those determined by the Secretary of 
Labor and that the classifications set forth 
for each laborer or mechanic conform with 
the work he performed. A submission of a 
‘‘Weekly Statement of Compliance’’ which is 
required under this contract and the 
Copeland regulations of the Secretary of 
Labor (29 CFR part 3) and the filing with the 
initial payroll or any subsequent payroll of a 
copy of any findings by the Secretary of 
Labor under 29 CFR 5.5(a)(1)(iv) (see para-
graph (4) of paragraph A above), shall satisfy 
this requirement. The prime contractor shall 
be responsible for submission of copies of 
payrolls of all subcontractors. The con-
tractor will make the records required under 
the labor standards clauses of the contract 
available for inspection by authorized rep-
resentatives of the FAA and the Department 
of Labor, and will permit such representa-
tives to interview employees during working 
hours on the job. Contractors employing ap-
prentices or trainees under approved pro-
grams shall include a notation on the first 

weekly certified payrolls submitted to the 
[insert sponsor’s name] for availability to 
the FAA, that their employment is pursuant 
to an approved program and shall identify 
the program (29 CFR 5.5(a)(3)(ii)). 

D. Apprentices and trainees

—(1) 

Apprentices. 

Apprentices will be permitted to work at less 
than the predetermined rate for the work 
they performed when they are employed and 
individually registered in a bona fide appren-
ticeship program registered with the U.S. 
Department of Labor, Employment and 
Training Administration, Bureau of Appren-
ticeship and Training, or with a State Ap-
prenticeship Agency recognized by the Bu-
reau, or if a person is employed in his first 90 
days of probationary employment as an ap-
prentice in such an apprenticeship program, 
who is not individually registered in the pro-
gram, but who has been certified by the Bu-
reau of Apprenticeship and Training or a 
State Apprenticeship Agency (where appro-
priate) to be eligible for probationary em-
ployment as an apprentice. The allowable 
ratio of apprentices to journeymen in any 
craft classification shall not be greater than 
the ratio permitted to the contractor as to 
his entire work force under the registered 
program. Any employee listed on a payroll 
at an apprentice wage rate, who is not a 
trainee as defined in paragraph (2) of this 
paragraph or is not registered or otherwise 
employed as stated above, shall be paid the 
wage rate determined by the Secretary of 
Labor for the classification of work he actu-
ally performed. The contractor or subcon-
tractor will be required to furnish to the [in-
sert sponsor’s name] or a representative of 
the Wage-Hour Division of the U.S. Depart-
ment of Labor written evidence of the reg-
istration of his program and apprentices as 
well as the appropriate ratios and wage rates 
(expressed in percentages of the journeyman 
hourly rates), for the area of construction 
prior to using any apprentices on the con-
tract work. The wage rate paid apprentices 
shall be not less than the appropriate per-
centage of the journeyman’s rate contained 
in the applicable wage determination (29 
CFR 5.5(a)(4)(i)). 

(2) 

Trainees. 

Except as provided in 29 CFR 

5.15 trainees will not be permitted to work at 
less than the predetermined rate for the 
work performed unless they are employed 
pursuant to and individually registered in a 
program which has received prior approval, 
evidenced by formal certification by the U.S. 
Department of Labor, Employment and 
Training Administration. Bureau of Appren-
ticeship and Training. The ratio of trainees 
to journeymen shall not be greater than per-
mitted under the plan approved by the Bu-
reau of Apprenticeship and Training. Every 
trainee must be paid at not less than the 
rate specified in the approved program for 
his level of progress. Any employee listed on 

VerDate Sep<11>2014 

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00746

Fmt 8010

Sfmt 8002

Y:\SGML\247048.XXX

247048