Section 9.101. Purpose and scope

(a) Every contract to which the Commonwealth, its political subdivisions, an authority created by the General Assembly of the Commonwealth including authorities created under the Municipality Authorities Act of 1945 (53 P. S. § § 301—401) and instrumentalities or agencies of the Commonwealth is a party, for construction, reconstruction, demolition, alteration or repair work other than maintenance work where the estimated cost of the total project is in excess of $25,000, which requires or involves the employment by a contractor or subcontractor of laborers, mechanics, skilled and semi-skilled laborers and apprentices in the performance of services directly upon the public work project shall include in its specifications a provision stating the general prevailing minimum wage rates as determined by the Secretary which shall be paid for each craft or classification of workmen needed to perform the contract during the anticipated term thereof in the locality in which the public work is performed.

(b) Every person paid by a contractor or a subcontractor in any manner for his labor in the construction, reconstruction, demolition, alteration or repair work other than maintenance work done under contract and paid for in whole or in part out of the funds of a public body except work performed under a rehabilitation program or manpower training programs is ‘‘employed’’ and ‘‘receiving wages.’’

(c) These regulations do not apply to a public works contracts subject to the Walsh-Healey Act (41 U.S.C.A. § § 35—45) or section 1 of the Davis-Bacon Act (40 U.S.C.A. § 276(a)).

(d) Work performed under a rehabilitation program arranged by and at a State institution primarily for teaching and up-grading the skills and employment opportunities of the inmates of the institution is not to be considered public work performed by a public body as defined in the act and this Subchapter.

Notation

Notes of Decisions

Preemption

The court declared the Pennsylvania Prevailing Wage Act (Act) (43 P. S. § § 165-1—165-17) and its accompanying regulations invalid and unenforceable because they were preempted by ERISA where the Act related to ERISA plans regarding fringe benefits. Keystone Chapter, Assoc. Builders and Contractors, Ind. v. Foley, 837 F.Supp. 654 (M. D. PA. 1993); aff’d in part, rev’d in part, 37 F.3d 945 (3rd Cir. 1994); cert. denied 514 U. S. 1032 (1995).