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41 U.S.C. § 6704 — Limitation on minimum wage
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A contractor that makes a contract with the Federal Government, the principal purpose of which is to furnish services through the use of service employees, and any subcontractor, may not pay less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim)) to an employee engaged in performing work on the contract.
**(b) Violations.—** Sections 6705 to 6707(d) of this title are applicable to a violation of this section.
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Stable record: federal_law:legal_authorities:record_usc_d90bd7542215f86ce522f43e
Source file: Laws/federal/codes/united-states-code/title-41/section-6704-limitation-on-minimum-wage--9e6fc22ed5.md
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Source location: Title 41, Chapter 67, § 6704; chapter-067-service-contract-labor-standards.md
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**(a) In General.—** A contractor that makes a contract with the Federal Government, the principal purpose of which is to furnish services through the use of service employees, and any subcontractor, may not pay less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206/a/1&num=0&edition=prelim)) to an employee engaged in performing work on the contract.
**(b) Violations.—** Sections 6705 to 6707(d) of this title are applicable to a violation of this section.
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Federal law — U.S. Code and appendices · legal_authorities
A contract, and bid specification for a contract, to which this chapter applies under [section 6702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6702&num=0&edition=prelim) shall contain the following terms:
(1) **Minimum wage.—** — The contract and bid specification shall contain a provision specifying the minimum wage to be paid to each class of service employee engaged in the performance of the contract or any subcontract, as determined by the Secretary or the Secretary’s authorized representative, in accordance with prevailing rates in the locality, or, where a collective-bargaining agreement covers the service employees, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement as a result of arm’s length negotiations. In any case the minimum wage may not be less than the minimum wage specified in [section 6704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6704&num=0&edition=prelim).
(2) **Fringe benefits.—** — The contract and bid specification shall contain a provision specifying the fringe benefits to be provided to each class of service employee engaged in the performance of the contract or any subcontract, as determined by the Secretary or the Secretary’s authorized representative to be prevailing in the locality, or, where a collective-bargaining agreement covers the service employees, to be provided for under the agreement, including prospective fringe benefit increases provided for in the agreement as a result of arm’s-length negotiations. The fringe benefits shall include medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational acti
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of Responsible Party.—** A party responsible for a violation of a contract provision required under section 6703(1) or (2) of this title or a violation of [section 6704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6704&num=0&edition=prelim) is liable for an amount equal to the sum of any deduction, rebate, refund, or underpayment of compensation due any employee engaged in the performance of the contract.
**(b) Recovery of Amounts Underpaid to Employees.—**
(1) **Withholding accrued payments due on contracts.—** — The total amount determined under subsection (a) to be due any employee engaged in the performance of a contract may be withheld from accrued payments due on the contract or on any other contract between the same contractor and the Federal Government. The amount withheld shall be held in a deposit fund. On order of the Secretary, the compensation found by the Secretary or the head of a Federal agency to be due an underpaid employee pursuant to this chapter shall be paid from the deposit fund directly to the underpaid employee.
(2) **Bringing actions against contractors.—** — If the accrued payments withheld under the terms of the contract are insufficient to reimburse a service employee with respect to whom there has been a failure to pay the compensation required pursuant to this chapter, the Federal Government may bring action against the contractor, subcontractor, or any sureties in any court of competent jurisdiction to recover the remaining amount of underpayment. Any amount recovered shall be held in the deposit fund and shall be paid, on order of the Secretary, directly to the underpaid employee. Any amount not paid to an employee because of inability to do so within 3 years shall be cover
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vessels; agricultural employees** Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates:
(1) except as otherwise provided in this section, not less than—
(A) $5.85 an hour, beginning on the 60th day after May 25, 2007;
(B) $6.55 an hour, beginning 12 months after that 60th day; and
(C) $7.25 an hour, beginning 24 months after that 60th day;
(2) if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section. The Administrator, or his authorized representative, shall have power to make such regulations or orders as are necessary or appropriate to carry out any of the provisions of this paragraph, including the power without limiting the generality of the foregoing, to define any operation or occupation which is performed by such home work employees in Puerto Rico or the Virgin Islands; to establish minimum piece rates for any operation or occupation so defined; to prescribe the method and procedure for ascertaining and promulgating mi
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 206
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Federal law — U.S. Code and appendices · legal_authorities
Page 71
TITLE 29—LABOR
§ 206
1 See References in Text note below.
that Department, with exception of functions vested by
Administrative Procedure Act (now covered by sections
551 et seq. and 701 et seq. of Title 5, Government Orga-
nization and Employees) in hearing examiners em-
ployed by Department, transferred to Secretary of
Labor, with power vested in him to authorize their per-
formance or performance of any of his functions by any
of those officers, agencies, and employees, by Reorg.
Plan No. 6 of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set
out in the Appendix to Title 5.
§ 205.
Repealed.
Pub.
L.
110–28,
title
VIII,
§ 8103(c)(1)(A), May 25, 2007, 121 Stat. 189
Section, acts June 25, 1938, ch. 676, § 5, 52 Stat. 1062;
June 26, 1940, ch. 432, § 3(c), 54 Stat. 615; Oct. 26, 1949, ch.
736, § 5, 63 Stat. 911; Aug. 12, 1955, ch. 867, § 5(a), 69 Stat.
711; Pub. L. 87–30, § 4, May 5, 1961, 75 Stat. 67; Pub. L.
93–259, § 5(a), Apr. 8, 1974, 88 Stat. 56; Pub. L. 101–157,
§ 4(a), Nov. 17, 1989, 103 Stat. 939, related to establish-
ment of special industry committees for American
Samoa to recommend the minimum rate or rates of
wages. See section 8103 of Pub. L. 110–28, set out as a
note under section 206 of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective 60 days after May 25, 2007, see section
8103(c)(2) of Pub. L. 110–28, set out as an Effective Date
of 2007 Amendment note under section 206 of this title.
§ 206. Minimum wage
(a) Employees engaged in commerce; home work-
ers in Puerto Rico and Virgin Islands; em-
ployees in American Samoa; seamen on
American vessels; agricultural employees
Every employer shall pay to each of his em-
ployees who in any workweek is engaged in com-
merce or in the
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 206
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 206. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 175
TITLE 41—PUBLIC CONTRACTS
§ 6705
SEC. 8. Enforcement. (a) The Secretary shall have the
authority to investigate potential violations of, and ob-
tain compliance with, this order. In such proceedings,
the Secretary shall have the authority to issue final or-
ders prescribing appropriate sanctions and remedies,
including, but not limited to, orders requiring employ-
ment and payment of wages lost. The Secretary may
also provide that, if a contractor or subcontractor has
failed to comply with any order of the Secretary or has
committed willful violations of this order or the regu-
lations issued pursuant thereto, the contractor or sub-
contractor, and its responsible officers, and any firm in
which the contractor or subcontractor has a substan-
tial interest, may be ineligible to be awarded any con-
tract of the United States for a period of up to 3 years.
Neither an order for debarment of any contractor or
subcontractor from further Federal Government con-
tracts under this section nor the inclusion of a con-
tractor or subcontractor on a published list of noncom-
plying contractors shall be carried out without afford-
ing the contractor or subcontractor an opportunity to
present information and argument in opposition to the
proposed debarment or inclusion on the list.
(b) This order creates no rights under the Contract
Disputes Act, 41 U.S.C. 7101 et seq., and disputes regard-
ing the requirements of the contract clause prescribed
by section 3 of this order, to the extent permitted by
law, shall be disposed of only as provided by the Sec-
retary in regulations issued under this order.
SEC. 9. Revocation. Executive Order 13897 of October
31, 2019 (Improving Federal Contractor Operations by
Revoking Executive Order 13495) [formerly set out
above
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 6704
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