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 or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life in- surance, disability and sickness insurance, or accident insurance, for vacation and holi- day pay, for defraying the costs of appren- ticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of— (i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and (ii) the rate of costs to the contractor or subcontractor that may be reasonably an- ticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially re- sponsible plan or program which was com- municated in writing to the laborers and mechanics affected. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, § 6(11), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3141(1) ........ (no source). 3141(2) ........ 40:276a(b) (1st par. words before pro- viso). Mar. 3, 1931, ch. 411, § 1(b) (1st par. words before pro- viso), as added Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 239. Clause (1) is added for clarity. Editorial Notes REFERENCES IN TEXT The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was re- pealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2006—Par. (1). Pub. L. 109–284 substituted ‘‘1494)’’ for ‘‘1494’’. § 3142. Rate of wages for laborers and mechanics (a) APPLICATION.—The advertised specifica- tions for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alter- ation, or repair, including painting and deco- rating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Co- lumbia and which requires or involves the em- ployment 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 min- imum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and me- chanics employed on projects of a character similar to the contract work in the civil subdivi- sion of the State in which the work is to be per- formed, 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 re- ferred to in subsection (a) must contain stipula- tions 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 de- duction or rebate on any account, the full amounts accrued at time of payment, com- puted at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be al- leged to exist between the contractor or sub- contractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily ac- cessible place at the site of the work; and (3) there may be withheld from the con- tractor 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 Page 121 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3144 the difference between the rates of wages re- quired 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 subcontrac- tors or their agents. (d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or subcontractor to make pay- ment in accordance with the prevailing wage de- terminations 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 con- tributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commit- ment to bear the costs of a plan or program re- ferred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the pay- ments, contributions, and costs is not less than the basic hourly rate of pay plus the amount re- ferred to in section 3141(2)(B) of this title. (e) OVERTIME PAY.—In determining the over- time pay to which a laborer or mechanic is enti- tled 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, except that where the amount of payments, contributions, or costs in- curred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the reg- ular or basic hourly rate of pay (or other alter- native rate) is the amount of payments, con- tributions, or costs actually incurred with re- spect 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 actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not ac- tually paid. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, § 6(12), (13), Sept. 27, 2006, 120 Stat. 1213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3142(a), (b) 40:276a(a) (words be- fore 1st semi- colon). Mar. 3, 1931, ch. 411, § 1(a), 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, § 1, 54 Stat. 399; Pub. L. 86–624, § 26, July 12, 1960, 74 Stat. 418; Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 238. 3142(c) ........ 40:276a(a) (words after 1st semi- colon). 3142(d) ........ 40:276a(b) (1st par. proviso). Mar. 3, 1931, ch. 411, § 1(b) (1st par. proviso, last par.), as added Pub. L. 88–349, § 1, July 2, 1964, 78 Stat. 239. 3142(e) ........ 40:276a(b) (last par.). In subsection (a), the words ‘‘a State’’ are substituted for ‘‘the geographical limits of the States of the Union’’ for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. In subsection (b), the words ‘‘city, town, village, or other’’ are omitted as unnecessary. In subsection (d), the words ‘‘of a type’’ are omitted as unnecessary. The words ‘‘basic hourly rate of pay’’ are substituted for ‘‘rate of pay described in paragraph (1)’’ for clarity. Editorial Notes AMENDMENTS 2006—Subsec. (d). Pub. L. 109–284, § 6(12), inserted ‘‘of this title’’ after ‘‘amount referred to in section 3141(2)(B)’’. Subsec. (e). Pub. L. 109–284, § 6(13), inserted ‘‘of this title’’ after ‘‘determined under section 3141(2)(B)’’. § 3143. Termination of work on failure to pay agreed wages Every contract within the scope of this sub- chapter shall contain a provision that if the con- tracting officer finds that any laborer or me- chanic employed by the contractor or any sub- contractor directly on the site of the work cov- ered by the contract has been or is being paid a rate of wages less than the rate of wages re- quired by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor’s right to proceed with the work or the part of the work as to which there has been a failure to pay the re- quired wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor’s sureties shall be liable to the Government for any excess costs the Government incurs. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3143 ............ 40:276a–1. Mar. 3, 1931, ch. 411, § 2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. The words ‘‘The Government may have the work completed’’ are substituted for ‘‘and to prosecute the work to completion . . . thereby’’ for clarity. § 3144. Authority to pay wages and list contrac- tors violating contracts (a) PAYMENT OF WAGES.— (1) IN GENERAL.—The Secretary of Labor shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this sub- chapter. (2) RIGHT OF ACTION.—If the accrued pay- ments withheld under the terms of the con- tract are insufficient to reimburse all the la- borers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor’s sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics ac- cepted or agreed to accept less than the re- quired rate of wages or voluntarily made re- funds. (b) LIST OF CONTRACTORS VIOLATING CON- TRACTS.— (1) IN GENERAL.—The Comptroller General shall distribute to all departments of the Fed-