42 U.S.C. § 12836: Labor

Summary

Contracts to build affordable housing with 12 or more units paid for with these funds must require that every laborer and mechanic get at least the local prevailing wage set by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. Before giving any payment under the contract, the local government must get a certification that the wage rule was followed. The wage rule does not apply to volunteers who get no pay or only expense payments, reasonable benefits, or a small nominal fee, and who are not otherwise employed at any time in the construction work.

Title 42, §12836

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Any contract for the construction of affordable housing with 12 or more units assisted with funds made available under this part shall contain a provision requiring that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to section 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing involved, and participating jurisdictions shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.

(b)Waiver

Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and such persons are not otherwise employed at any time in the construction work.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (40 U.S.C. 276a—276a–5)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

§12836 Labor

Summary

Title 42, §12836

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata