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40 U.S.C. § 3142 — Rate of wages for laborers and mechanics

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3142 — Rate of wages for laborers and mechanics

**(a) Application.—** The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics. **(b) Based on Prevailing Wage.—** The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. **(c) Stipulations Required in Contract.—** Every contract based upon the specifications referred to in subsection (a) must contain stipulations that— (1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and (3) there may be withheld from the contractor so much of accrued pay

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Stable record: federal_law:legal_authorities:record_usc_a776dd787059920974002477
Source file: Laws/federal/codes/united-states-code/title-40/section-3142-rate-of-wages-for-laborers-and-mechanics--2bf6e83b1e.md
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Source location: Title 40, Chapter 31, § 3142; chapter-031-general.md

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**(a) Application.—** The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics. **(b) Based on Prevailing Wage.—** The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. **(c) Stipulations Required in Contract.—** Every contract based upon the specifications referred to in subsection (a) must contain stipulations that— (1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and (3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents. **(d) Discharge of Obligation.—** The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in [section 3141(2)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/B/i&num=0&edition=prelim), by assuming an enforceable commitment to bear the costs of a plan or program referred to in [section 3141(2)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/B/ii&num=0&edition=prelim), or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in [section 3141(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/B&num=0&edition=prelim). **(e) Overtime Pay.—** In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under [section 3141(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/A&num=0&edition=prelim), except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types described in [section 3141(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/B&num=0&edition=prelim) actually incurred with respect to the laborer or mechanic or the amount determined under [section 3141(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3141/2/B&num=0&edition=prelim) but not actually paid.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2235 — Construction of water resources development projects by non-Federal interests

**(a) Water resources development project defined** In this section, the term “water resources development project” means a project recommendation that results from— (1) a feasibility report, as such term is defined in section 2282d(f) 11 See References in Text note below. of this title; (2) a completed feasibility study developed under [section 2231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231&num=0&edition=prelim); or (3) a final feasibility study for water resources development and conservation and other purposes that is specifically authorized by Congress to be carried out by the Secretary. **(b) Authority** (1) **In general** — A non-Federal interest may carry out a federally authorized water resources development project, or separable element thereof— (A) in accordance with a plan approved by the Secretary for the project or separable element; and (B) subject to any conditions that the Secretary may require, including any conditions specified under [section 2231(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2231/c/3&num=0&edition=prelim). (2) **Conditions** — Before carrying out a water resources development project, or separable element thereof, under this section, a non-Federal interest shall— (A) obtain any permit or approval required in connection with the project or separable element under Federal or State law, except as provided in paragraph (3); and (B) ensure that a final environmental impact statement or environmental assessment, as appropriate, for the project or separable element has been filed. (3) **Permit exception** (A) *In general* — For a project described in subsection (a)(1) or subsection (a)(3), or a separable element ther

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 410 — Application of other laws

**(a)** Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service. **(b)** The following provisions shall apply to the Postal Service: (1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 11 See References in Text note below. (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable; (2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States; (3) [section 107 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind); (4) the following provisions of title 40: (A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and (B) chapters 37 and 173; (5) chapters 65 and 67 of title 41; (6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 196

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3142 — Rate of wages for laborers and mechanics

Page 120 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3141 seq.) of chapter 17 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–232 added subsec. (c). 2017—Subsec. (b). Pub. L. 115–91, § 3502(b)(2), sub- stituted ‘‘31 or’’ for ‘‘31,’’ and struck out ‘‘or the Mer- chant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.),’’ after ‘‘title 46,’’. 2006—Subsec. (b). Pub. L. 109–304 substituted ‘‘subtitle V of title 46’’ for ‘‘the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER IV—WAGE RATE REQUIREMENTS § 3141. Definitions In this subchapter, the following definitions apply: (1) FEDERAL GOVERNMENT.—The term ‘‘Fed- eral Government’’ has the same meaning that the term ‘‘United States’’ had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis-Bacon Act). (2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage rates’’, ‘‘minimum wages’’, and ‘‘prevailing wages’’ include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for in- juries

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