(a) Required. Every mechanic, laborer or other worker employed by any contractor or subcontractor performing work on a covered project shall be paid not less than the prevailing wage rate for the same class and kind of work in the Tucson metropolitan area. This section shall not apply to any participant in a youth employment program where the participant is employed in non-construction work.
(b) Apprenticeship programs. Any covered contractor may support employee apprenticeship participation by contributing an amount to an apprenticeship program approved by the U.S. Department of Labor that is equivalent to and consistent with the appropriate Prevailing Wage Rate as determined by the U.S. Department of Labor and is registered with the State of Arizona.
(c) Contract specifications. Every construction contract entered into by the city for a covered project shall contain a provision: (i) stating that the minimum wages to be paid for every class of mechanic, laborer and worker performing construction work on the project shall be not less than the prevailing wage rate for that class of worker; (ii) requiring the contractor to pay every mechanic, laborer or other worker at least once a week the full amount of wages accrued at the time of payment at the applicable prevailing wage rate; (iii) mandating that the contractor comply with the recordkeeping and notice posting requirements in section 28-165; (iv) stating that the contractor may not misclassify any mechanic, laborer or other worker as an independent contractor, as defined in CFR 541; (v) requiring compliance with this article; and (vi) requiring the contractor impose these same requirements on all subcontractors. A mechanic, laborer or other worker shall be classified as an independent contractor only if their work relationship satisfies the legal definition of an independent contractor under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., as amended.
(Ord. No. 12066, § 1, 1-9-24)