Pennsylvania Act 1937-26 — CONTRACTS, WAGES STIPULATED

Act text

CONTRACTS, WAGES STIPULATED
                  Act of Mar. 16, 1937, P.L. 98, No. 26               Cl. 43
                                  AN ACT

     Authorizing political subdivisions to stipulate in
        specifications, upon which contracts for the construction,
        alteration or repairs of any public work or improvement are
        entered into, the minimum wages to be paid to laborers and
        mechanics, and providing for the stipulation of penalties in
        such contracts where such minimum wage stipulations are
        violated, and for the recovery of such penalties, and their
        return in certain cases.

        Compiler's Note:  Section 2701 of Act 14 of 1949 provided
            that Act 26 is repealed insofar as it relates to school
            districts.
        Compiler's Note:  Former section 2201 of Act 69 of 1933
            provided that Act 26 is repealed insofar as it relates to
            townships of the second class.
        Compiler's Note:  Section 3501 of Act 331 of 1931 provided
            that Act 26 is repealed insofar as it relates to
            townships of the first class.
        Compiler's Note:  Section 3501 of Act 336 of 1927 provided
            that Act 26 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That the specifications upon
     which contracts are entered into by any county, city, borough,
     town, township, school district or poor district for the
     construction, alteration or repairs of any public work or
     improvement may, at the option of any such political
     subdivision, contain the minimum wage or wages which may be paid
     by the contractor or his subcontractors for the work performed
     by laborers and mechanics employed on such public work or
     improvement, and such laborers and mechanics shall in such cases
     be paid not less than such minimum wage or wages.
        Section 2.  Every contract for the construction, alteration
     or repair of any public work or improvement, founded on
     specifications containing any such stipulation for minimum wage
     or wages, shall stipulate a penalty of an amount equal to twice
     the difference between the minimum wage contained in said
     specifications, and the wage actually paid to each laborer or
     mechanic for each day during which he has been employed at a
     wage less than that prescribed in said specifications.
        Section 3.  Every officer or person designated as an
     inspector of or having supervision over the work to be performed
     under such contract, in order to aid in enforcing the
     fulfillment thereof, shall, upon observation or investigation,
     report to the corporate authorities of the political
     subdivision, or agency thereof, which let the contract, all
     violations of minimum wage stipulations, together with the name
     of each laborer or mechanic who has been paid a wage less than
     that prescribed by the specifications, and the day or days of
     such violation.
        Section 4.  All such penalties shall be withheld and deducted
     for the use of the political subdivision from any moneys due the
     contractor by the officer or person whose duty it shall be to
     authorize the payment of moneys due such contractor, whether the
     violation of the minimum wage stipulation of the specifications
     was by the contractor or by any of his subcontractors: Provided,
     That is any such contractor or subcontractor subsequently pays
     to all laborers and mechanics the balance of the amounts
     stipulated in such contract, the political subdivision shall pay
     to the contractor the amounts, so withheld, as penalties.
        Section 5.  This act shall become effective immediately upon
     its final enactment.