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40 U.S.C. § 3702 — Work hours
Federal law — U.S. Code and appendices · legal_authorities
**(a) Standard Workweek.—** The wages of every laborer and mechanic employed by any contractor or subcontractor in the performance of work on a contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim) shall be computed on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permitted subject to this section. For each workweek in which the laborer or mechanic is so employed, wages include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of 40 hours in the workweek.
**(b) Contract Requirements.—** A contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim), and any obligation of the Federal Government, a territory of the United States, or the District of Columbia in connection with that contract, must provide that—
(1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and
(2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable—
(A) to the affected employee for the employee’s unpaid wages; and
(B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract.
**(c) Liquidated Damages.—** Liquidated damages under subsection (b)(2)(B) shall be computed for each indi
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Source location: Title 40, Chapter 37, § 3702; chapter-037-contract-work-hours-and-safety-standards.md
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**(a) Standard Workweek.—** The wages of every laborer and mechanic employed by any contractor or subcontractor in the performance of work on a contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim) shall be computed on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permitted subject to this section. For each workweek in which the laborer or mechanic is so employed, wages include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of 40 hours in the workweek.
**(b) Contract Requirements.—** A contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim), and any obligation of the Federal Government, a territory of the United States, or the District of Columbia in connection with that contract, must provide that—
(1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and
(2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable—
(A) to the affected employee for the employee’s unpaid wages; and
(B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract.
**(c) Liquidated Damages.—** Liquidated damages under subsection (b)(2)(B) shall be computed for each individual employed as a laborer or mechanic in violation of this chapter and shall be equal to $10 for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter.
**(d) Amounts Withheld To Satisfy Liabilities.—** Subject to [section 3703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3703&num=0&edition=prelim), the governmental agency for which the contract work is done or which is providing financial assistance for the work may withhold, or have withheld, from money payable because of work performed by a contractor or subcontractor, amounts administratively determined to be necessary to satisfy the liabilities of the contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this chapter, the term “Federal Government” has the same meaning that the term “United States” had in the Contract Work Hours and Safety Standards Act (Public Law 87–581, 76 Stat. 357).
**(b) Application.—**
(1) **Contracts.—** — This chapter applies to—
(A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and
(B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one—
(i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party;
(ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or
(iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work.
(2) **Laborers and mechanics.—** — This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract—
(A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but
(B) not including an employee employed as a seaman.
(3) **Exceptions.—**
(A) *This chapter.—* — This chapter does not apply to—
(i) a contract for—
(I) transportation by land, air, or water;
(II) the transmission of intelligence; or
(III) the purchase of supplies or m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports of Inspectors.—** An officer or individual designated as an inspector of the work to be performed under a contract described in [section 3701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3701&num=0&edition=prelim), or to aid in the enforcement or fulfillment of the contract, on observation or after investigation immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia all violations of this chapter occurring in the performance of the work, together with the name of each laborer or mechanic who was required or permitted to work in violation of this chapter and the day the violation occurred.
**(b) Withholding Amounts.—**
(1) **Determining amount.—** — The amount of unpaid wages and liquidated damages owing under this chapter shall be determined administratively.
(2) **Amount directed to be withheld.—** — The officer or individual whose duty it is to approve the payment of money by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct the amount of—
(A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and
(B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter.
(3) **Payment.—** — The Secretary of Labor shall pay the amount administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the amount withheld is not adequate, the Secretary of Labor shall pay an equitable proportion of the amount due.
**(c) Right of Act
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Federal law — U.S. Code and appendices · legal_authorities
Page 143
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 3702
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
3505 ............
40:462(g).
Aug. 2, 1954, ch. 649, title
VII, § 702(g), as added Pub.
L. 87–658, § 6, Sept. 14, 1962,
76
Stat.
544;
Pub.
L.
100–242, title V, § 524(2),
Feb. 5, 1988, 101 Stat. 1939.
CHAPTER 37—CONTRACT WORK HOURS AND
SAFETY STANDARDS
Sec.
3701.
Definition and application.
3702.
Work hours.
3703.
Report of violations and withholding of
amounts for unpaid wages and liquidated
damages.
3704.
Health and safety standards in building
trades and construction industry.
3705.
Safety programs.
3706.
Limitations, variations, tolerances, and ex-
emptions.
3707.
Contractor certification or contract clause in
acquisition of commercial items not re-
quired.
3708.
Criminal penalties.
§ 3701. Definition and application
(a) DEFINITION.—In this chapter, the term
‘‘Federal Government’’ has the same meaning
that the term ‘‘United States’’ had in the Con-
tract Work Hours and Safety Standards Act
(Public Law 87–581, 76 Stat. 357).
(b) APPLICATION.—
(1) CONTRACTS.—This chapter applies to—
(A) any contract that may require or in-
volve the employment of laborers or me-
chanics on a public work of the Federal Gov-
ernment, a territory of the United States, or
the District of Columbia; and
(B) any other contract that may require or
involve the employment of laborers or me-
chanics if the contract is one—
(i) to which the Government, an agency
or instrumentality of the Government, a
territory, or the District of Columbia is a
party;
(ii) which is made for or on behalf of the
Government, an agency or instrumen-
tality, a territory, or the District of Co-
lumbia; or
(iii) which
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 3702
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