WILLIAM DONALD SCHAEFER, Governor                      Ch. 48

(2) THE PREVAILING WAGE RATE FOR OVERTIME FOR A
WORKER SHALL BE AT LEAST TIME AND A HALF THE PREVAILING WAGE RATE
FOR STRAIGHT TIME FOR THAT WORKER.

(C)  EXCEPTIONS.

(1)  IF FEWER THAN 50% OF THE WORKERS IN THE LOCALITY
WORKING IN THE SAME CLASSIFICATION RECEIVE THE SAME WAGE RATE:

(I)  THE PREVAILING WAGE RATE SHALL BE THE RATE
PAID TO AT LEAST 4 0% OF THOSE WORKERS; OR

(II)  IF FEWER THAN 40% RECEIVE THE SAME WAGE
RATE, THE RATE SHALL BE A WEIGHTED AVERAGE RATE OBTAINED BY:

1.  ADDING THE PRODUCTS OBTAINED BY
MULTIPLYING EACH HOURLY RATE PAID TO WORKERS IN THE
CLASSIFICATION BY THE NUMBER OF WORKERS RECEIVING THAT RATE; AND

2.  DIVIDING THAT SUM BY THE TOTAL NUMBER
OF WORKERS IN THE CLASSIFICATION.

(2)  IF THE COMMISSIONER DETERMINES THAT THERE IS NOT
A SUBSTANTIAL NUMBER OF COMPETENT WORKERS ENGAGED IN SIMILAR WORK
IN THE LOCALITY, THE COMMISSIONER SHALL DETERMINE THE PREVAILING
WAGE RATE BASED ON THE NEAREST LOCALITY WITHIN THE STATE THAT
MOST CLOSELY APPROXIMATES THAT LOCALITY IN:

(I)  POPULATION;

(II)  DEGREE OF INDUSTRIALIZATION; AND

(III)  SKILL OF WORK FORCE.

(D)  REQUIRED ELEMENTS.

THE CALCULATION OF THE RATE PAID IN THE LOCALITY SHALL
INCLUDE:

(1) THE BASIC HOURLY RATE OF PAY; AND

(2)(I) THE HOURLY RATE OF COSTS TO THE CONTRACTOR
OR SUBCONTRACTOR THAT REASONABLY MAY BE ANTICIPATED IN PROVIDING
THE FRINGE BENEFITS SPECIFIED IN SUBITEM (II) OF THIS ITEM UNDER
AN ENFORCEABLE COMMITMENT TO CARRY OUT A FINANCIAL RESPONSIBLE
PLAN OR PROGRAM THAT IS COMMUNICATED IN WRITING TO THE WORKERS;
OR

(II)—AND EITHER:

(1) IF A CONTRACTOR IS NOT REQUIRED BY LAW TO PROVIDE
FRINGE BENEFITS, THE HOURLY RATE OF CONTRIBUTION IRREVOCABLY MADE

- 1771 -