CONTRACT WORK HOURS AND SAFETY STANDARDS. (a) This section applies to all contracts in excess of $100,000 that involve the employment of mechanics or laborers as provided in 40 U.S.C. § 3701. (b) As provided in 40 U.S.C. § 3702, and as supplemented by Department of Labor regulations (29 C.F.R. Part 5), the contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basis rate of pay for all hours worked in excess of 40 hours in the work week. (c) The requirements of 40 U.S.C. § 3704, as supplemented by 29 C.F.R. Part 5, shall apply to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (d) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week. (e) In the event of any violation of the clause set forth in paragraph (d) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (d) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (d) of this section. (f) The City shall upon its own action or upon written required of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Houses and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (e) of this section. (g) The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (c) through (f) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (c) through (f) of this section.
Appears in 5 contracts
Samples: CDBG Grant Administration Agreement, CDBG Grant Administration Agreement, CDBG Grant Administration Agreement
CONTRACT WORK HOURS AND SAFETY STANDARDS. (a1) This section applies to For all construction contracts in excess of $100,000 that involve the employment of mechanics or laborers as provided in laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C. USC §§ 3701.
(b) As provided in 40 U.S.C. § 3702-3708, and as supplemented by Department the DOL regulations at 29 CFR part 5. Under 40 USC § 3702 of Labor regulations (29 C.F.R. Part 5)the Act, the contractor Contractor shall compute the wages of every mechanic and laborer laborer, including watchmen and guards, on the basis of a standard work week of 40 forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half (1-1/2) times the basis basic rate of pay for all hours worked in excess of 40 forty (40) hours in the work week.
(c) . The requirements of 40 U.S.C. USC § 3704, as supplemented by 29 C.F.R. Part 5, shall apply 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous hazardous, or dangerous. These requirements do not apply to the purchases purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
(d) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.
(e2) In the event of any violation of the clause set forth in paragraph (d) of this section herein, the contractor Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the this clause set forth in paragraph (d) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (d) of this sectionclause.
(f3) The City shall STA or the FTA shall, upon its own action or upon written required request of an authorized representative of the Department of Labor Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractorContractor, or any other federally- assisted contract subject to the Contract Work Houses Hours and Safety Standards Act, which is held by the same prime contractorContractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (e) of this section.
(g4) The contractor Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (c) through (f) of this section Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (c) through (f) of this sectionSection.
Appears in 2 contracts
Samples: Environmental, Geotechnical, and Special Inspections Engineering Services Agreement, Temporary Staffing Services Agreement
CONTRACT WORK HOURS AND SAFETY STANDARDS. (a) This section applies to all contracts in excess of $100,000 that involve the employment of mechanics or laborers as provided in 40 U.S.C. § 3701.
(b) As provided in 40 U.S.C. § 3702, and as supplemented by Department of Labor regulations (29 C.F.R. Part 5), the contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basis rate of pay for all hours worked in excess of 40 hours in the work week.
(c) The a. Overtime requirements of 40 U.S.C. § 3704, as supplemented by 29 C.F.R. Part 5, shall apply to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
(d) - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic received receives compensation at a rate not less than one and one-one- half times the basic rate of pay for all hours worked in excess of forty hours in such work weekworkweek.
(e) b. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (d1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (d1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (d1) of this section.
(f) c. Withholding for unpaid wages and liquidated damages – The City of Arlington shall upon its own action or upon written required request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- federally-assisted contract subject to the Contract Work Houses Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (e2) of this section.
(g) The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (c) through (f) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (c) through (f) of this section.
Appears in 1 contract
CONTRACT WORK HOURS AND SAFETY STANDARDS. (a) This section applies to For all contracts in excess of $100,000 that involve the employment of mechanics or laborers laborers, the CONTRACTOR shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as provided in supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3701.
(b) As provided in 40 U.S.C. § 3702, and as supplemented by Department 3702 of Labor regulations (29 C.F.R. Part 5)the Act, the contractor CONTRACTOR shall compute the wages of every mechanic and laborer laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basis basic rate of pay for all hours worked in excess of 40 hours in the work week.
(c) . The requirements of 40 U.S.C. § 3704, as supplemented by 29 C.F.R. Part 5, shall apply 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.
(d) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week.
(e) . In the event of any violation of the clause set forth in paragraph (d) of this section herein, the contractor CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor the CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the this clause set forth in paragraph (d) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (d) of this section.
(f) clause. The City FTA shall upon its own action or upon written required request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor CONTRACTOR or any subcontractor under any such contract or any other Federal contract with the same prime contractorCONTRACTOR, or any other federally- federally-assisted contract subject to the Contract Work Houses Hours and Safety Standards Act, which is held by the same prime contractorCONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of such contractor the CONTRACTOR or any subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (e) of this section.
(g) . The contractor CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (c) through (f) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (c) through (f) of this sectionagreement.
Appears in 1 contract
Samples: Master Funding Agreement