[HISTORY: Adopted by the Board of County Commissioners of
Charles County as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 224.
[Adopted 12-3-2008 by Bill No. 2008-20[1]]
In this article, the following words have the meanings indicated:
An individual who:
Is at least 18 years old;
Has signed an agreement with an employer or employer's
agent, an association of employers, an organization of employees,
or a joint committee, that includes a statement of:
Is registered in a program of a Council or Bureau of Apprenticeship
and Training of the United States Department of Labor.
A contract for construction work that is awarded by the County
or where County funds are used to finance all or part of the cost
of the contract.
Any funds directly appropriated by the County.
An apprentice or worker employed by a contractor or subcontractor
on a County financed construction contract.
The hourly wage rate set by the State Commissioner of Labor
and Industry for state-funded construction contracts in the County.
The federal government;
A state government and any of its agencies;
Any political subdivision of a state government and any of its
agencies;
Any Board, Commission, or Committee established by federal,
state, or local law;
Any organization or association of the federal government, state
governments, or political subdivisions of state governments; and
Laborer or mechanic.
This article does not apply to a County-financed construction
contract:
Any contractor and subcontractor that performs direct and measurable
construction work on a County-financed construction contract must
pay each employee at a rate equal to or more than the prevailing wage
currently in effect for the type of work performed.
A.
Basic rate. The prevailing wage rate is the prevailing wage rate
established annually by the Commissioner of Labor and Industry for
state financed construction work performed in the County by an employee
who performs direct and measurable work.
B.
Overtime rate. A contractor or subcontractor must pay an employee
at a rate equal to or more than the prevailing wage rate for overtime
for the type of work performed for each hour that the employee performs
direct and measurable work:
C.
D.
Apprentices. Each apprentice must be paid at least the rate that
the state's Apprenticeship and Training Council sets for an apprentice
in the trade involved, based on a percentage of the prevailing wage
rate in that trade.
Each contract covered
by this article must:
A.
State the requirement that contractor and subcontractor to comply
with this article;
B.
Specify that an aggrieved employee, as a third-party beneficiary,
may by civil action recover the difference between the prevailing
wage for the type of work performed and the amount actually received,
with interest and a reasonable attorney's fee; and
C.
Comply with the requirements concerning minority business enterprises
as set forth in Resolution Number 2005-53.
A contractor or subcontractor must not split or subdivide a
contract, pay an employee through a third party, or treat an employee
as a subcontractor or independent contractor to avoid any requirement
of this article.
A contractor or subcontractor must not employ any individual
classified as a helper or trainee to perform direct and measurable
work on a contract covered by this article.
Each contractor and subcontractor must post a clearly legible
statement of each prevailing wage rate in a prominent and easily accessible
place at the work site during the entire time work is being performed
in English and any other language that is primarily spoken by the
employees at the work site.
A.
Each contractor and subcontractor must submit a complete copy of
its payroll records for construction work performed on a contract
covered by this article to the Director of Fiscal and Administrative
Services or designee quarterly on January 15, April 15, July 15, and
October 15.
B.
The payroll records must contain a statement signed by the contractor
or subcontractor certifying that:
C.
D.
Each contractor or subcontractor must:
(1)
Keep payroll records covering construction work performed on a contract
covered by this article for not less than five years after the work
is completed; and
(2)
Subject to reasonable notice, permit the Director of Fiscal and Administrative
Services or a designee to inspect the payroll records at any reasonable
time and as often as necessary.
E.
The Director of Fiscal and Administrative Services or a designee
must make payroll records obtained from contractors or subcontractors
under this article available for public inspection during regular
business hours for five years after the Director of Fiscal and Administrative
Services receives the records.
A.
The Director of Fiscal and Administrative Services or a designee
may perform random or regular audits and investigate any complaint
of a violation of this article.
B.
A contractor or subcontractor must not discharge or otherwise retaliate
against an employee for asserting any right under this article or
for filing a complaint of a violation.
C.
Each contract subject to this article may specify the payment of
liquidated damages to the County by the contractor for any noncompliance
with this article.
D.
Each contractor is jointly and severally liable for noncompliance
with this article by a subcontractor.
E.
If a contractor or subcontractor is late in submitting copies of
any payroll record required to be submitted under this article, the
County may deem invoices unacceptable until the contractor or subcontractor
provides the required records, and may postpone processing payments
due under the contract or under an agreement to finance the contract.
The Director of Fiscal and Administrative Services must report
annually to the County Commissioners on the operation of and compliance
with this article.
