1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



MARYLAND
Click on a question to the left.

11) Record Maintenance?

A.) Each contractor required to pay the prevailing wage rate shall:

  1. keep payroll records covering work performed directly at the work site in accordance with regulations adopted by the Commissioner; and
  2. allow the Commissioner or the public body to inspect the records at any reasonable time and as often as necessary.
  3. Copies to Commissioner and public body.
  4. Each contractor shall submit a complete copy of the payroll records of the contractor and, for work performed at the work site, of the subcontractors in the form that the Commissioner specifies by regulation to:
    1. the public body; and
    2. the Commissioner.
    3. The Commissioner and the public body shall make payroll records available for public inspection during regular business hours.
  5. Statements of contractors and subcontractors.- Each copy of the payroll records shall be accompanied by a statement that is signed by the contractor or, for the subcontractor's records, by the subcontractor and indicates that:
    1. the payroll records are correct;
    2. the wage rates paid are not less than those established by the Commissioner as set forth in the public work contract;
    3. the classification set forth for each employee conforms with the work performed by that employee; and
    4. the contractor or subcontractor has complied with each requirement of this subtitle.
  6. Penalties for noncompliance.- If a contractor is late in submitting copies of the payroll records required under subsection (b) of this section:
    1. the public body may postpone the processing of partial payment estimates under the public work contract pending receipt of the copies; and
    2. the contractor shall be liable to the public body for liquidated damages of $10 for each calendar day the records are late.
REFERENCES
1.) LexisNexis: Maryland Code : BUSINESS REGULATION : TITLE 2. DEPARTMENT OF LABOR, LICENSING, AND REGULATION : ' 2-108. Units in Department.

2.) This information is taken from the Associated Builders and Contractors, Inc. Web-site. The specific article is entitled, A2005 Maryland General Assembly Report.


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