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41 U.S.C. § 6707 — Enforcement and administration of chapter
Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement of Chapter.—** Sections 6506 and 6507 of this title govern the Secretary’s authority to enforce this chapter, including the Secretary’s authority to prescribe regulations, issue orders, hold hearings, make decisions based on findings of fact, and take other appropriate action under this chapter.
**(b) Limitations and Regulations for Variations, Tolerances, and Exemptions.—** The Secretary may provide reasonable limitations and may prescribe regulations allowing reasonable variation, tolerances, and exemptions with respect to this chapter (other than subsection (f)), but only in special circumstances where the Secretary determines that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Federal Government business, and is in accord with the remedial purpose of this chapter to protect prevailing labor standards.
**(c) Preservation of Wages and Benefits Due Under Predecessor Contracts.—**
(1) **In general.—** — Under a contract which succeeds a contract subject to this chapter, and under which substantially the same services are furnished, a contractor or subcontractor may not pay a service employee less than the wages and fringe benefits the service employee would have received under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for in a collective-bargaining agreement as a result of arm’s-length negotiations.
(2) **Exception.—** — This subsection does not apply if the Secretary finds after a hearing in accordance with regulations adopted by the Secretary that wages and fringe benefits under the predecessor contract are substantially at variance with wages and fringe benefits p
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Source location: Title 41, Chapter 67, § 6707; chapter-067-service-contract-labor-standards.md
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**(a) Enforcement of Chapter.—** Sections 6506 and 6507 of this title govern the Secretary’s authority to enforce this chapter, including the Secretary’s authority to prescribe regulations, issue orders, hold hearings, make decisions based on findings of fact, and take other appropriate action under this chapter.
**(b) Limitations and Regulations for Variations, Tolerances, and Exemptions.—** The Secretary may provide reasonable limitations and may prescribe regulations allowing reasonable variation, tolerances, and exemptions with respect to this chapter (other than subsection (f)), but only in special circumstances where the Secretary determines that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Federal Government business, and is in accord with the remedial purpose of this chapter to protect prevailing labor standards.
**(c) Preservation of Wages and Benefits Due Under Predecessor Contracts.—**
(1) **In general.—** — Under a contract which succeeds a contract subject to this chapter, and under which substantially the same services are furnished, a contractor or subcontractor may not pay a service employee less than the wages and fringe benefits the service employee would have received under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for in a collective-bargaining agreement as a result of arm’s-length negotiations.
(2) **Exception.—** — This subsection does not apply if the Secretary finds after a hearing in accordance with regulations adopted by the Secretary that wages and fringe benefits under the predecessor contract are substantially at variance with wages and fringe benefits prevailing in the same locality for services of a similar character.
**(d) Duration of Contracts.—** Subject to limitations in annual appropriation acts but notwithstanding any other law, a contract to which this chapter applies may, if authorized by the Secretary, be for any term of years not exceeding 5, if the contract provides for periodic adjustment of wages and fringe benefits pursuant to future determinations, issued in the manner prescribed in [section 6703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6703&num=0&edition=prelim) at least once every 2 years during the term of the contract, covering each class of service employee.
**(e) Exclusion of Fringe Benefit Payments in Determining Overtime Pay.—** In determining any overtime pay to which a service employee is entitled under Federal law, the regular or basic hourly rate of pay of the service employee does not include any fringe benefit payments computed under this chapter which are excluded from the definition of “regular rate” under section 7(e) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 207(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207/e&num=0&edition=prelim)).
**(f) Timeliness of Wage and Fringe Benefit Determinations.—** It is the intent of Congress that determinations of minimum wages and fringe benefits under section 6703(1) and (2) of this title should be made as soon as administratively feasible for all contracts subject to this chapter. In any event, the Secretary shall at least make the determinations for contracts under which more than 5 service employees are to be employed.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions**
(1) Except as otherwise provided in this section, no employer shall employ any 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, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
(2) No employer shall employ any 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, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—
(A) for a workweek longer than forty-four hours during the first year from the effective date of the Fair Labor Standards Amendments of 1966,
(B) for a workweek longer than forty-two hours during the second year from such date, or
(C) for a workweek longer than forty hours after the expiration of the second year from such date,
unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
**(b) Employment pursuant to collective bargaining agreement; employment by independently owned and controlled local enterprise engaged in distribution of petroleum products** No employer shall be deemed to have violated subsection
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Federal law — U.S. Code and appendices · legal_authorities
Page 78
TITLE 29—LABOR
§ 207
as notes under this section], through exercise by Con-
gress of its power to regulate commerce among the sev-
eral States and with foreign nations, to correct the
conditions above referred to in such industries.’’
DEFINITION OF ‘‘ADMINISTRATOR’’
The term ‘‘Administrator’’ as meaning the Adminis-
trator of the Wage and Hour Division, see section 204 of
this title.
Executive Documents
TRANSFER OF FUNCTIONS
Functions relating to enforcement and administra-
tion of equal pay provisions vested by this section in
Secretary of Labor and Administrator of Wage and
Hour Division of Department of Labor transferred to
Equal Employment Opportunity Commission by Reorg.
Plan No. 1 of 1978, § 1, 43 F.R. 19807, 92 Stat. 3781, set out
in the Appendix to Title 5, Government Organization
and Employees, effective Jan. 1, 1979, as provided by
section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R.
1053.
Functions of all other officers of Department of
Labor and functions of all agencies and employees of
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.
§ 207. Maximum hours
(a) Employees engaged in interstate commerce;
additional applicability to employees pursu-
ant to subsequent amendatory provisions
(1) Except as otherwise provided in this sec-
tion, no employer shall
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 207
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Federal law — U.S. Code and appendices · legal_authorities
Page 176
TITLE 41—PUBLIC CONTRACTS
§ 6706
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3814.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6705(a) ........
41:352(a) (1st sen-
tence).
Pub. L. 89–286, §§ 3, 5(b), Oct.
22, 1965, 79 Stat. 1035.
6705(b)(1) ....
41:352(a) (2d–last
sentences).
6705(b)(2) ....
41:354(b)
6705(c) ........
41:352(c).
6705(d) ........
41:352(b).
In subsection (c), the words ‘‘to other actions in ac-
cordance with this section’’ are added for clarity.
§ 6706. Three-year prohibition on new contracts
in case of violation
(a) DISTRIBUTION
OF LIST.—The Comptroller
General shall distribute to each agency of the
Federal Government a list containing the names
of persons or firms that a Federal agency or the
Secretary has found to have violated this chap-
ter.
(b) THREE-YEAR PROHIBITION.—Unless the Sec-
retary recommends otherwise because of un-
usual circumstances, a Federal Government con-
tract may not be awarded to a person or firm
named on the list under subsection (a), or to an
entity in which the person or firm has a sub-
stantial interest, until 3 years have elapsed from
the date of publication of the list. If the Sec-
retary does not recommend otherwise because of
unusual circumstances, the Secretary shall, not
later than 90 days after a hearing examiner has
made a finding of a violation of this chapter,
forward to the Comptroller General the name of
the person or firm found to have violated this
chapter.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3814.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
6706(a) ........
41:354(a) (1st sen-
tence).
Pub. L. 89–286, § 5(a) (1st sen-
tence), Oct. 22, 1965, 79
Stat. 1035.
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 6707
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