[HISTORY: Adopted by the County Council of Allegheny County 4-20-2010 by Ord. No.
7-10. Amendments noted where applicable.]
CHARTER REFERENCES
For additional information regarding County procurement, see
Art. VIII.
ADMINISTRATIVE CODE REFERENCES
For additional information regarding County procurement, see
Part 9.
A.
Every County service contract, as defined within this chapter, shall
comply with County of Allegheny and Commonwealth of Pennsylvania laws,
ordinances, and regulations pertaining to the Pennsylvania Prevailing
Wage Act of August 15, 1961; P.L. 987, No. 442, as amended August
9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West
1992 & Supp. 2004), and with the provisions of this chapter.
B.
Every County service contract shall contain a provision stating the
contractor and all of its subcontractors shall pay at least the applicable
prevailing wages required by the terms of this chapter, the Pennsylvania
Prevailing Wage Act approved August 15, 1961, P.L. 987, No. 442, as
amended August 9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1
et seq. (West 1992 & Supp. 2004), and the regulations issued pursuant
thereto. Every County service contract shall contain a provision stating
that the County may, upon a finding of noncompliance as provided within
this chapter, withhold from any sums due to the contractor or to any
subcontractor under that contract any amount necessary to allow for
the payment of workers employed in the performance of any County service
contract in accordance with the terms of this chapter, or for public
work subject to the Pennsylvania Prevailing Wage Act approved August
15, 1961, P.L. 987, No. 442, as amended August 9, 1963, P.L. 653,
No. 342, 43 P.S. § 165-1 et seq. (West 1992 & Supp.
2004), and the regulations issued pursuant thereto the difference
between the wages required by the contract to be paid and the wages
actually paid to such employees, and the County Controller may make
such payments directly to the appropriate workers.
C.
The prevailing wages for each craft classification of workers needed
to perform all County service contracts, subject to the terms of this
chapter and, to the extent applicable, the Pennsylvania Prevailing
Wage Act approved August 15, 1961, P.L. 987, No. 442, as amended August
9, 1963, P.L. 653, No. 342, 43 P.S. § 165-1 et seq. (West
1992 & Supp. 2004), and the regulations issued pursuant thereto
shall be incorporated into and made a part of the contract.
D.
Every County service contract shall contain a provision stating the
contractor shall require all subcontractors to comply with and be
bound by all provisions of this section as if they, themselves, were
contractors.
A.
Building service and food service employees shall be paid at least
the prevailing wage according to their job classification for all
work performed pursuant to a County service contract.
B.
Building service, food service, hotel, and grocery employees shall
be paid at least the prevailing wage according to their job classification
for all work performed on or related to projects that will receive
a County subsidy approved after this chapter takes effect, provided
such employees work on the project at least 50 hours per year. With
respect to building service and food service employees, developers,
owners, managers, and contractors shall be obligated to ensure that
such employees are paid a prevailing wage.
As used in this chapter, the following terms shall have the
meanings indicated:
A person performing work in connection with the care and
maintenance of property, including but not limited to a watchman,
security officer, concierge, doorperson, cleaner, janitor, custodian,
superintendent, porter, engineer, maintenance person, handyperson,
elevator operator, elevator starter, window cleaner, and groundskeeper.
For purposes of the definition of "County service project"
shall mean work in connection with the care and maintenance of (1)
commercial office and institutional buildings of at least 100,000
square feet; (2) commercial office and institutional complexes totaling
at least 100,000 square feet; and (3) residential buildings of at
least 50 units or more. The determination of the minimum square footage
and minimum number of units shall be made at the time the contract
is put out for bid.
Two or more buildings that are commonly owned managed or
operated and either (a) in close physical proximity; or (b) developed
pursuant to a common development plan or financed pursuant to a common
plan of financing. All affiliates, controlled entities, controlling
entities, agents, successors, and assigns shall be considered to be
a single entity for the purposes of determining common ownership,
management, or operation.
Allegheny County and any related County agency, department,
or authority.
Any contract for the performance of building service or food
service work entered into by the County with any contractor, and any
contract to perform building service or food service work for the
County. "County service contract" shall also mean any subcontract
for building service or food service work, regardless of whether the
primary contract is for such work.
Any grant, loan that is forgiven or discounted below the
market rate over the life of the loan, bond financing, infrastructure
improvements related to a project, below-market sale or lease of property,
or other form of financial assistance related to a project with an
aggregate value of at least $100,000, but shall not include an educational
or training grant. For purposes of determining whether the assistance
threshold is met, all affiliates, controlled organizations, controlling
organizations, and/or organizations having an identity of interest
with the assistance recipient shall be treated as a single entity.
Market value shall be determined by a third party that shall not include
the County or the County subsidy recipient.
Any employer obligated to pay employees a prevailing wage
pursuant to the Allegheny County Code of Ordinances.
A person performing work in connection with the preparation
and service of food and beverages, including but not limited to a
cafeteria attendant, line attendant, cook, preparatory cook, butcher,
baker, server, cashier, catering worker, dining attendant, dishwasher,
food or merchandise vendor, pantry worker, waiter, and waitress, but
shall exclude employees directly employed by independently owned restaurants
other than cafeterias.
For purposes of the definition of "County service project"
shall mean work in connection with the preparation and service of
food and beverages in cafeterias in (1) commercial office and institutional
buildings of at least 100,000 square feet; and (2) commercial office
and institutional complexes totaling at least 100,000 square feet.
Food service work shall not include direct employment in independently
owned restaurants other than cafeterias. The determination of the
minimum square footage shall be made at the time the contract is put
out for bid.
A person performing work in connection with the preparation
and selling of merchandise in grocery stores, including but not limited
to a chief meat cutter, assistant chief meat cutter, meat cutter,
apprentice meat cutter, wrapper, manager, assistant manager, lead,
front-end coordinator, clerk, chef, cook, baker, cake decorator, and
receiver.
A person performing work in connection with the care and
maintenance of hotels and servicing of hotel guests, including but
not limited to a housekeeper, kitchen employee, laundry employee,
room attendant, house attendant, public area attendant, turndown attendant,
bell attendant, door attendant, driver, telephone operator, server,
bus attendant, bartender, cashier, host, concierge, reservation attendant,
and front desk attendant.
A group of buildings or structures that are under common
or related ownership; that are located in a contiguous area, notwithstanding
rights-of-way; that contain two or more different uses as integral
parts of the functions of the organization, such that different structures
contain different primary uses; and that contain a combined minimum
of 100,000 total square feet of gross floor area.
Shall mean:
For building service and food service employees, (a) the aggregate
of (i) the higher of either the wage paid to the median number of
employees in the job classification at similar locations in the County,
or the wages determined by the Secretary of Labor for the job classification
under the service contract Act, 41 U.S.C. § 351 et seq.;
and (ii) the higher of either the additional benefits given to the
median number of employees in the job classification at similar locations
in the County, which shall be converted to an hourly wage supplement,
or the additional benefits determined by the Secretary of Labor for
the job classification under the service contract Act, 41 U.S.C. § 351
et seq.; and (b) the greater amount of either (i) the paid leave provided
to the median number of employees in the job classification at similar
locations in the County, which shall not be converted to an hourly
wage supplement, or (ii) the paid leave determined by the Secretary
of Labor for the job classification under the service contractor Act,
41 U.S.C. § 351 et seq. "Similar locations" for (a) building
service workers in commercial or institutional buildings, shopping
malls, and sports stadiums shall mean commercial office buildings
of at least 100,000 square feet; (b) building service workers in residential
buildings shall mean residential buildings of at least 50 units; and
(c) for food service workers shall mean cafeterias in commercial office
or institutional buildings of at least 100,000 square feet.
For hotel employees, (a) the aggregate of (i) the wage paid
to the median number of employees in the job classification in hotels
of at least 100,000 square feet in the County; and (ii) the additional
benefits given to the median number of employees in the job classification
in hotels of at least 100,000 square feet in the County, which shall
be converted to an hourly wage supplement; and (b) the paid leave
provided to the median number of employees in the job classification
in hotels of at least 100,000 square feet in the County, which shall
not be converted to an hourly wage supplement.
For grocery employees, the (a) aggregate of (i) the wage paid
to the median number of employees in the job classification in grocery
stores in the County having grocery space of at least 30,000 square
feet; and (ii) the additional benefits given to the median number
of workers in the job classification at grocery stores in the County
having grocery space of at least 30,000 square feet, which shall be
converted to an hourly wage supplement; and (b) the paid leave provided
to the median number of employees in the job classification in grocery
stores in the County having retail space of at least 30,000 square
feet, which shall not be converted to an hourly wage supplement.
For all classifications of employees described above in Subsections A through C, the prevailing wage shall mean the higher of either the prevailing wage determined pursuant to Subsections A through C, or the wage required by any other provision in the Allegheny County Code of Ordinances for such classification.
For purposes of § 280-2B shall mean any of the following: (1) a commercial office building of at least 100,000 square feet, or a commercial office complex totaling at least 100,000 square feet; (2) a residential building of at least 50 units; (3) a building of at least 100,000 square feet containing commercial office space and residential units; (4) a hotel or motel of at least 100,000 square feet; (5) a building of at least 100,000 square feet containing hotel or motel units and residential units; (6) a building of at least 100,000 square feet containing hotel or motel units and commercial office space; (7) a store having grocery sales floor area (selling items which are commonly found in a grocery store) space of at least 25,000 square feet; (8) a shopping mall of at least 100,000 square feet; and (9) a sports stadium, performance hall or amphitheater larger than 100,000 square feet. The determination of the minimum square footage and minimum units shall be updated to reflect any expansion of the project, including any additional phase in a multi-phase project. "Complex" shall mean two or more buildings that are commonly owned managed or operated and either (a) in close physical proximity; or (b) developed pursuant to a common development plan or financed pursuant to a common plan of financing. All affiliates, controlled entities, controlling entities, agents, successors, and assigns shall be considered to be a single entity for the purposes of determining common ownership, management, or operation.
The Allegheny County Controller shall issue prevailing wage
determinations at least once every 12 months, and as frequently as
necessary to reflect any increases in the prevailing wage, and shall
post such determinations on the official County website. Wage rates
of employees shall be increased accordingly, and in the case of County
service contracts, the contractor's billable rate under the County
service contract shall be increased accordingly.
A.
Every covered employer shall keep an accurate record showing the
name, address, job classification, wages and benefits paid or provided,
and number of hours worked for each employee. The record shall be
preserved for two years from date of final payment. The records shall
be available for inspection by the Controller or the Controller's
authorized agent at all reasonable hours, and the covered employer
shall permit the agents to interview employees during hours on the
job.
B.
Every covered employer shall file yearly Federal Form WH-347 or its
equivalent which shall specify for each employee the employee's
name, address, social security number, job classification, hourly
wage rate paid, the number of hours worked each day, the number of
hours worked each week, all deductions made from gross pay, and net
weekly pay, with the Controller or the Controller's authorized
agent. Every covered employer shall file a statement yearly with the
Controller or the Controller's authorized agent certifying that
all workers have been paid no less than the wage required by their
contact or, if any wages remain unpaid, set forth the amount of wages
due and owing to each worker respectively, and certify that the job
classification for each employee conforms with the work performed.
Social security numbers shall be kept confidential by the Controller,
unless otherwise required by law.
C.
The Controller must notify in writing all covered employers at least
once every 12 months of their obligation to file annually the Federal
Form WH-347. The notification must include a copy of Federal Form
WH-347 with instructions for completing the form, the dates that the
completed form is due throughout the preceding 12 months, contact
information for an employee within the Office of the Controller where
questions can be referred, a notice of the penalties that can be assessed
if the covered employer becomes noncompliant, and a poster no smaller
than standard letter size that includes the name, address and telephone
number of the Controller, the applicable prevailing wages for the
job classifications at the covered employer, and a statement advising
workers that if they have been paid less than the prevailing wage
rate they may notify the Controller and request an investigation.
The Controller's failure to provide the previously described
written notification to covered employers does not relieve covered
employers of their obligation under this chapter.
D.
Every covered employer shall post at the job site in an area easily
accessible by all employees the name, address and telephone number
of the Controller, the applicable prevailing wages for the job classification,
and a statement advising workers that if they have been paid less
than the prevailing wage rate they may notify the Controller and request
an investigation.
A.
Complaint procedure. Any individual or organization may file a complaint
with the Controller for any violation of this chapter.
B.
Review and investigation. The Controller shall review and investigate
the complaint and shall make a finding of compliance or noncompliance
within 60 days of the complaint being filed, including a determination
of whether an employer is covered by this chapter. The covered employer
shall permit authorized agents of the Controller to observe work being
performed upon 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 employer is in compliance
with this chapter. Failure of the Controller to issue a finding of
compliance or noncompliance does not relieve the covered employer
of its obligations under this chapter.
C.
Finding of noncompliance. If at any time the Controller, upon investigation
of a complaint or upon independent investigation, finds that a violation
of this chapter has occurred, he shall issue a finding of noncompliance
and notice of corrective action to the covered employer. 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 employer may dispute
a finding of noncompliance and notice of corrective action by requesting
a hearing within 30 days of the date of the finding. The Controller
shall appoint a hearing officer, who shall affirm or reverse the finding
of noncompliance based upon evidence presented by the applicable department
and the covered employer. Where the finding of noncompliance and notice
of corrective action requires wage restitution, the covered employer
must, as a precondition to a request for a hearing, provide evidence
that such wages have either been paid or placed into an escrow account
for the satisfaction of the judgment of the hearing officer. A covered
employer who does not request a hearing, 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 employer fails to
request a hearing within 30 days as provided in this subsection, or
the hearing officer affirms such finding after a hearing.
E.
Referral for criminal investigation. If at any time the applicable
department or Controller determines that a criminal violation may
have occurred, including but not limited to a violation of the prohibition
against unsworn falsification of statements to authorities, the applicable
department or Controller shall refer the matter to the district attorney
for criminal investigation.
F.
Subpoena powers. If necessary for the enforcement of this section,
the Controller may issue subpoenas to compel the attendance and testimony
of witnesses and production of books, papers, records and documents
relating to payroll records necessary for hearing, investigations,
and proceedings. In case of disobedience of a subpoena, the Controller
shall apply to a court of appropriate jurisdiction for an order requiring
the attendance and testimony of witnesses and the production of books,
papers, records and documents, and other relief as the court deems
appropriate.
G.
Retaliation barred. A covered employer shall not discharge, reduce the compensation of or otherwise retaliate against any employee for making a complaint to the covered employer, its agents, the applicable department, or the Controller, to enforce his or her rights under this chapter. The Controller shall investigate allegations of retaliation or discrimination. If, after notice and an opportunity for a hearing, the allegations are found to be true, the Controller shall order appropriate relief, including reinstatement of a discharged employee with back pay. A covered employer may dispute a finding of retaliation or discrimination by requesting a hearing as provided in Subsection D above.
H.
Violation by a subcontractor of a covered employer shall also be
deemed a violation by the covered employer.
A.
In the event the Controller or hearing officer determines that a
covered employer has failed to comply for more than 60 days after
a notice of corrective action has become final, or in the event the
hearing officer determines that any portion of a covered employer's
dispute of a finding of noncompliance is frivolous or was brought
for the purpose of delaying compliance, the Controller or hearing
officer shall order the following penalties and relief:
(1)
Wage restitution for the affected employee(s);
(2)
Liquidated damages in the amount of three times the wages owed;
(3)
A directive to the applicable department to withhold any payments
due the covered employer, and to apply such payments to the payment
of fines or the restitution of wages;
(4)
Attorneys fees; and
(5)
Rescission of any County service contract.
The Controller may issue regulations to implement the provisions
of this chapter.
