Chapter 104 — Chapter 104

PART I. GENERAL PROVISIONS §104-1 Definitions. As used in this chapter, the following words and phrases shall have the following meanings: "Basic hourly rate" means the hourly wage paid to a laborer or mechanic for work performed during nonovertime hours, but shall not include th…

§104-2 Applicability; wages, hours, and other requirements. (a) This chapter shall apply to every contract in excess of $2,000 for construction of a public work project to which a governmental contracting agency is a party; provided that this chapter shall not apply to experiment…

PART II. ADMINISTRATION AND ENFORCEMENT §104-21 Governmental contracting agency responsibilities. The governmental contracting agency shall:

§104-22 Investigation; penalties. (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. Th…

§104-23 Notification of violation. (a) When the department, either as a result of a report by a contracting agency or as a result of the department's own investigation, finds that a violation of this chapter or of the terms of the contract subject to this chapter has been committ…

§104-24 Violations; penalties. (a) Where the department finds that a first violation of this chapter has been committed, the department, after proper notice and opportunity for hearing, shall assess and order the person or firm in violation to be jointly and severally liable for …

§104-25 Suspension. (a) The director shall suspend a person and firm as follows: (b) The director shall immediately notify the governmental contracting agency, comptroller, auditor or director of finance of the county, and, in the case of a suspended subcontractor, general contra…

§104-26 Judicial review. (a) Any party to an appeal under this chapter may obtain judicial review of the decision on the appeal in the manner provided in chapter 91. (b) Any suspension or dismissal of any complaint under this chapter shall be subject to appeal in circuit court by…

§104-27 Liability. If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics for wages or overtime compensation due under this chapter, and the contractor has failed to pay the wages or overtime compensation, the…

§104-28 Civil action. (a) The following civil actions may be instituted in any court of competent jurisdiction: (b) The court, in its action and in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow reasonable attorney's fee and costs of the action to be…

§104-29 Rules. Subject to chapter 91, the director shall adopt reasonable rules for determining the prevailing wages, enforcement, administration, and general purposes of this chapter. These rules shall have the force and effect of law. [L 1995, c 181, pt of §2]

§104-3 Payrolls and payroll records. (a) Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any cer…

§104-30 Application of this chapter to contracts entered into without regard to other laws. The fact that a contract is or was entered into without regard to chapter 103D, or upon a cost-plus-a-fixed fee basis, or cost-plus-a-fixed percentage basis, or without advertising for pro…

§104-31 Effect on other laws. Neither this chapter nor any rule or other action under this chapter shall supersede or impair any minimum wage or maximum hour law or any authority otherwise granted by law to provide for the establishment of specific minimum or other wage rates. [L…

§104-32 Suspension during emergency. During a national emergency declared by the President or the Congress of the United States, or a state of emergency declared by the governor, subject to the provisions of section 127-10 or 128-7, the governor, by executive order in writing, ma…

§104-33 Inspection. (a) If work performed in accordance with this chapter, in excess of eight hours in any day or on a Saturday, Sunday, or legal holiday of the State, requires inspection by the State or any political subdivision thereof, the inspection shall be conducted by the …

§104-34 Submission of collective bargaining agreement to the director. (a) Parties to a collective bargaining agreement covering classes of laborers or mechanics, which are included in the prevailing wage determinations made pursuant to this chapter, shall submit a copy of the ag…

§104-4 Termination of work on failure to pay agreed wages; completion of work; contract and specifications provision. Every contract and the specifications for such contract shall contain a provision that if the governmental contracting agency finds that any laborer or mechanic e…

§§104-5 to 11 REPEALED. L 1995, c 181, §§5, 8.