1306                            LAWS OF MARYLAND                      [CH. 558

97.

(a)    Eight (8) hours shall constitute a regular day's work for all
workmen and apprentices employed on public works. Work in excess
of eight (8) hours in any one calendar day and work performed on
Sundays and legal holidays shall constitute overtime work. Not
less than the prevailing hourly rate of wages for work of the same
or a similar character in the locality in which the work is performed
and not less than the prevailing hourly rate of wages for overtime
work shall be paid to all workmen and apprentices employed on
public works. Workmen and apprentices employed by contractors
and subcontractors in the execution of any contract for public work
are deemed to be employed on public work. Employees of a public
body are deemed not to be employed on public work.

(b)    If any such workman or apprentice is paid less than the
compensation to which he is entitled hereunder, the contractor shall
make restitution to the affected employee for the amount due. and
shall be liable to the contracting public body for liquidated damages

at the rate of ten dollars ($10.00) per day for each employees so

underpaid. Each day's violation constitutes a separate offense.

(c) On any public works to which this subtitle applies, only

competent workmen and apprentices of the trades, crafts, and occu-

pations shall be employed by the contractor and all subcontractors

on the public works, provided that for every five mechanics regu-

larly employed by the contractor there may be employed not more
than one apprentice; provided, however, that if less than five such
mechanics are employed, there may be employed not more than one
apprentice.

(d) (C) Nothing in this subtitle prevents the employment of
laborers to perform work not ordinarily performed by a skilled
mechanic or his apprentice of the trade, craft, or occupation, but no
person receiving a rate of pay which is the prevailing rate of wages
for laborers shall perform work ordinarily performed by any such
skilled mechanic or apprentice of such trade, craft, or occupation.

(e) (D) Where a laborer performs the work ordinarily per-
formed by any skilled mechanic or his apprentice, he shall be paid for
the entire time he has performed such work at the rate of wages appli-
cable to a skilled mechanic; and in the event of such underpayment,
restitution shall be made by the contractor to said employee, and in
addition, the contractor shall be liable to the contracting public body
for liquidated damages in an amount equal to ten dollars ($10.00) per