HARRY HUGHES, Governor

3427

effectuate the purposes of this subtitle, including, but not
limited to, the authority to make a determination as to the
amount of restitution and the amount of liquidated damages 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.

[18-508.] 12-308. SUIT FOR WAGES; FORCE AND EFFECT OF JUDGMENTS;
RECEIPT OF WAGES WITHOUT PROTEST NO DEFENSE.

Any workman or apprentice employed by the contractor or any
subcontractor who is paid in a sum less than the stipulated
prevailing 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.

[18-509.] 12-309. VIOLATIONS BY EMPLOYER, EMPLOYEE, OR OTHER
PERSON PROHIBITED; WAGES TO BE PAID UNCONDITIONALLY WITHOUT
REBATES OR DEDUCTIONS; EXCEPTIONS,

(a) No person, firm, or corporation shall violate the wage
provisions 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 employed 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 things of value, to any person, upon the
statement, representation, or understanding that failure to
comply with the request or demand will prevent the workman from
procuring or retaining employment; and no person, directly or
indirectly, shall pay, request, or authorize any other person to
violate this section. This subsection does not apply to any
agent of a collective bargaining organization acting in
collection of sums as permitted by the National Labor Relations
Act.