2400 33RD ST LABOR COMPLIANCE 2016-01-01 MF Import

paid iringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a diHerent practice prevails for the applicable apprentice classification, fringes shall be paid in acr.ordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of ar. apprenticeship program, the Contractor will no longer be permitl�d to utilize apprentices at less than the applicable predetermined rate for the wo;k performed until an acceptable program is approved. B. Trainees Except as provided in 29 CFR 5.16, trainees will not be permittec+ to work at less than the predetermined rate for the work performed urless they are employed pursuant to and individually registered in a program which has received prior approvai, evidenced by formal certification by the U.S. DepaRment of Labor, Employment and Training Adrtiinistration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate speci(ied in the approved program for the trainee's level of progress, expressed as a percenta;le of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trai:iee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and paRicipating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classiFication of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered prograrn s5all be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no lonyer be permitted to utilize trainees at less than the applicsble predetermined rate for the work performed until an acceptable program is approved. C. Equal employment opportunity — The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. D. Compliance with Copeland Act Requirements — The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. E. Subcontracts — The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and sucl� Capital Projecls Commuter Rail Labor Compliance Manuai IFB No. RTA/CP 21-06 Everelt Station Phase 2 8