§3702 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

For certain federal contracts, contractors and subcontractors must treat a workweek as 40 hours and pay at least one and one-half times the worker’s regular pay for any hours over 40. They may not force or allow a laborer or mechanic to work more than 40 hours in a week except as the law allows. If they fail to pay the overtime, the employer must pay the worker the unpaid overtime and is also responsible to the government for damages. The damage amount is $10 for each calendar day a worker was made to work over 40 hours without the required overtime pay, calculated for each worker. The agency that hired or funded the work can withhold money from the contractor to cover unpaid wages and these damages, subject to section 3703.

Title 40, §3702

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)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 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)A contract described in section 3701 of this title, 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 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)Subject to section 3703 of this title, 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3702(a)40:328(a).Pub. L. 87–581, title I, § 102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99–145, title XII, § 1241(a), Nov. 8, 1985, 99 Stat. 734. 3702(b)40:328(b) (words before (1)), (1), (2) (1st sentence). 3702(c)40:328(b)(2) (2d sentence). 3702(d)40:328(b)(2) (last sentence). In subsection (a). the words “Notwithstanding any other provision of law” are omitted as unnecessary.

Editorial Notes

Amendments

2006—Subsec. (d). Pub. L. 109–284 substituted “To” for “to” in heading.

§3702 Work Hours