MARVIN MANDEL, Governor                        1311

including, but not limited to, the authority to make a determination
as to the amount of restitution and the amount of liquidated damaged
to be assessed for violations of the provisions of this subtitle. In no
event shall such determination of restitution preclude an employee
from instituting suit to recover any payments due him.

(e) It shall be lawful for any contractor to withhold from any
subcontractor under him sufficient sums to cover any amounts of
money withheld from him pursuant to this section by the awarding
body on account of said subcontractor's failure to comply with the
provisions of this subtitle, and if payment has already been made to
him, the contractor may recover said sums from him in a suit at
law.

102.

Any workman or apprentice employed by the contractor or any
subcontractor who is paid in a sum less than the stipulated pre-
vailing hourly wage rates, for work done under the contract, shall
have a right of action to recover the difference between the amounts
so paid and the wage rates provided by the contract, and an action
brought to recover same shall be deemed to be a suit for wages, and
any and all judgments entered therein shall have the same force
and effect as other judgments for wages. It shall not be a defense
to such an action that the underpayments were received by said
workman or apprentice without protests, either oral or in writing,
against the amount thereof, and the lack or failure of protest shall
not be a bar to recovery of the difference between the amounts paid
and the wage rates provided by the contract.

103.

(a)    No person, firm, or corporation shall violate the wage pro-
visions of any contract contemplated herein or suffer, or require any
employee to work for less than the rate of wages so fixed, or violate
any of the provisions contained herein. Where workmen are em-
ployed and their rate of wages has been determined as provided
herein, no person, either for himself or any other person, shall request,
demand, or receive, either before or after the workman is engaged,
that the workman pay back, return, donate, contribute, or give any
part or all of the workman's wages, salary, or thing of value, to any
person, upon the statement, representation, or understanding that
failure to comply with the request or demand will prevent the work-
man from procuring or retaining employment; and no person, di-
rectly or indirectly, shall pay, request, or authorize any other person
to violate this section. This subsection does not apply to any agent
or representative of a duly constituted labor organization acting in
the collection of dues or assessments of such organization. OF A
COLLECTIVE BARGAINING ORGANIZATION ACTING IN COL-
LECTION OF SUMS AS PERMITTED BY THE NATIONAL
LABOR RELATIONS ACT.

(b)    All contractors and subcontractors required herein to pay
not less than the prevailing rate of wages shall make full payment of