52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation.
As prescribed in 22.305, insert the following clause:
CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT--OVERTIME COMPENSATION
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics (see Federal
Acquisition Regulation (FAR) 22.300) shall require or permit any
such laborers or mechanics in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than 1 1/2 times the basic rate of pay
for all hours worked in excess of 40 hours in such workweek.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions set forth
in paragraph (a) of this clause, 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 employed in violation of the provisions set forth in
paragraph (a) of this clause 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 40 hours without payment
of the overtime wages required by provisions set forth in
paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.
The Contracting Officer shall upon his or her own action or
upon written 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-assisted
contract subject to the Contract Work 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 provisions set forth in paragraph (b) of
(d) Payrolls and basic records. (1) The Contractor or
subcontractor shall maintain payrolls and basic payroll records
during the course of contract work and shall preserve them for a
period of 3 years from the completion of the contract for all
laborers and mechanics working on the contract. Such records
shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made,
and actual wages paid. Nothing in this paragraph shall require
the duplication of records required to be maintained for
construction work by Department of Labor regulations at 29 CFR 5.5
(a)(3) implementing the Davis-Bacon Act.
(2) The records to be maintained under paragraph (d)
(1) of this clause shall be made available by the Contractor
or subcontractor for inspection, copying, or transcription
by authorized representatives of the Contracting Officer
or the Department of Labor. The Contractor or subcontractor
shall permit such representatives to interview employees
during working hours on the job.
(e) Subcontracts. The Contractor or subcontractor shall
insert in any subcontracts the provisions set forth in paragraphs
(a) through (e) of this clause and also a clause requiring the
subcontractors to include these provisions in any lower tier
subcontracts. The Prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with
the provisions set forth in paragraphs (a) through (e) of this
(End of clause)
Green text marks changes in clause.
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