HARRY HUGHES, Governor

3421

locality shall include all subdivisions in which the public work
is located.

[18-502.] 12-302. HOURS OF WORK; OVERTIME; RATES OF PAY;
RESTITUTION; LIQUIDATED DAMAGES; USE OF COMPETENT WORKMEN AND
APPRENTICES.

(a)  Eight hours shall constitute a regular day's work for
all workmen and apprentices employed on public works. Work in
excess of 8 hours in any 1 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 $10 per day for each employee
so underpaid. Each day's violation constitutes a separate
offense.

(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.

(d)  Where a laborer performs the work ordinarily performed
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
applicable 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 $10 per day for each such violation. Each violation each day
constitutes a separate offense.

(e)  On any public works to which this subtitle applies,
only competent workmen and apprentices of the trades, crafts, and
occupations shall be employed by the contractor and all
subcontractors on the public works, provided that the use of
apprentices, for each craft involved, shall conform to the
apprenticeship programs approved by the Bureau of Apprenticeship
Training of the U.S. Department of Labor, and as registered with