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(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)
(a) Every covered contractor shall keep certified payroll records showing the name, address, job classification, wages and benefits paid or provided, and the number of hours worked for each employee. These records shall be preserved for four (4) years from the date of an employee's final payment for work done on the covered project and shall be considered public records under Arizona Public Records Law, A.R.S. section 39-101 et seq. Every covered contractor shall file weekly Federal Form WH-347 or its equivalent which shall specify for each employee the employee's name, address, employee ID#/last four digits of the Social Security Number, job classification, hourly wage rate paid, the number of hours worked each week, all deductions made from gross pay, and net weekly pay, with the director. Every covered contractor shall file a statement weekly with the director certifying that (i) all its employees performing work on the covered project have been paid no less than the wage required by this article, or if any wages remain unpaid, setting forth the amount of wages due and owing to each worker respectively; and (ii) the job classification for each employee conforms with the work performed. Social Security Numbers and other personal identifying information shall be kept confidential by the city, unless otherwise required by law.
(b) The director must notify in writing all covered contractors at least once every twelve (12) months of their obligation to file weekly the Federal Form WH-347 or its equivalent. The notification must include a copy of the Federal Form WH-347 with instructions for completing the form, the dates that the completed form is due throughout the subsequent twelve (12) months, contact information for an employee within the director's office where questions can be referred, and a notice of the penalties that can be assessed if the covered contractor becomes non-compliant. In addition, the notice shall include a letter that provides the name, address and telephone number of the director, the applicable prevailing wages for the job classifications at the covered contractor, and a statement advising workers that if they have been paid less than the prevailing wage rate they may notify the director and request an investigation. The city's failure to provide the previously described written notification to covered employers does not relieve covered contractors of their obligations under this article.
(c) Every covered contractor shall post the letter with the related information referenced in subsection (c) above at the job site in an area easily accessible by all employees.
(Ord. No. 12066, § 1, 1-9-24)
(a) Complaint procedure. The director shall provide a complaint form on the official city website. Any affected individual or organization representing such individual(s) may file a complaint with the director for any violation of this article.
(b) Review and investigation. The director shall review and investigate the complaint and shall make a finding of compliance or noncompliance within sixty (60) days of the complaint being filed, including a determination of whether an employer is covered by this article. The covered contractor shall permit authorized agents of the director to observe the work being performed on the work site, to interview employees, and examine the books and records relating to the payrolls being investigated to determine whether or not the covered contractor is in compliance with this article. Failure of the director to issue a finding of compliance or noncompliance does not relieve the covered contractor of their obligations under this article.
(c) Finding of noncompliance. If at any time the director, upon investigation of a complaint or upon independent investigation, finds that a violation of this article has occurred it shall issue a finding of noncompliance and notice of corrective action to the covered contractor. The finding of noncompliance shall specify the areas of noncompliance, indicate such corrective action as may be necessary to achieve compliance, and impose deadlines for achieving compliance.
(d) Dispute of finding of noncompliance. A covered contractor may dispute a finding of noncompliance and notice of corrective action by requesting a review within thirty (30) days of the date of the finding. The director shall appoint a hearing officer, who shall affirm or reverse the finding of noncompliance based upon evidence presented by the applicable city department and the covered contractor. Where the finding of noncompliance and notice of corrective action requires wage restitution, the covered contractor must, as a precondition to a request for review, provide evidence that such wages have either been paid or placed into an escrow account and will be paid from the escrow account directly to employees if the hearing officer affirms the director's finding. A covered contractor who does not timely request review or appeal, or who fails to pay or escrow wages as provided herein, waives the right to dispute a finding of noncompliance. A finding of noncompliance and notice of corrective action shall become final if either the covered contractor fails to request review within thirty (30) days as provided in this paragraph, or the hearing officer affirms such finding after a review.
(e) A violation by a subcontractor of a covered contractor shall be deemed a violation by the covered contractor.
(Ord. No. 12066, § 1, 1-9-24)
(a) If (i) the director or hearing officer determines that a covered contractor has failed to take corrective action for more than sixty (60) days after a notice of corrective action has become final; or (ii) the hearing officer determines that any portion of a covered contractor's dispute of a finding of noncompliance is frivolous or was brought for the purpose of delaying compliance, the director shall impose penalties, which may include any or all of the following: (1) wage restitution for the affected employee(s); (2) liquidated damages in the amount of three (3) times the wages owed; (3) a directive to the applicable city department to withhold any payments due the covered contractor, and to apply such payments to the payment of fines or the restitution of wages; or (4) rescission of the contract under which the violation occurred.
(b) In the event that the director or hearing officer determines that a covered contractor has willfully or more than twice in a three-year period failed to comply with this article, the director or hearing officer, in addition to the sanctions that may be imposed pursuant to subsection (a) above, may order debarment of the contractor pursuant to sections 28-99 through 28-106 of the Tucson City Code.
(Ord. No. 12066, § 1, 1-9-24)