42 U.S.C. § 1592i: Laborers and mechanics

Summary

Work on any construction, repair, maintenance, or demolition under this law must pay workers based on an eight-hour day. Any work over eight hours in a day must be paid at not less than one and one-half times the basic rate. The listed federal wage and related rules (sections 3141–3144, 3146, 3147, and 3145 of title 40, and section 874 of title 18) apply to these projects. Loan or grant contracts must require paying at least the local prevailing wages set by the Secretary of Labor, and the Secretary of Housing and Urban Development must get proof that this is being followed before making payments. Contractors who get these funds must report every month to the Secretary of Labor, and make sure subcontractors do the same, within five days after each month ends. Reports must use Labor Department forms and show how many people were on the project payroll, total payroll amounts, total man-hours, and itemized material costs. Contractors must also give the Labor Department the names and addresses of subcontractors as soon as possible. The Secretary of Labor will make rules, standards, and procedures and may order investigations, and HUD must follow those rules.

Title 42, §1592i

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

(a)Wages; overtime

Notwithstanding any other provision of law, the wages of every laborer and mechanic employed on any construction, maintenance, repair, or demolition work authorized by this subchapter shall be computed on a basic day rate of eight hours per day and work in excess of eight hours per day shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

(b)Applicability of other laws

The provisions of section 3141–3144, 3146, and 3147 of title 40; of section 874 of title 18; and of section 3145 of title 40, shall apply in accordance with their terms to work pursuant to this subchapter.

(c)Stipulations in loan contracts as to wages; certification

Any contract for loan or grant, or both, pursuant to this subchapter 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 construction of the project at the site thereof; and the Secretary of Housing and Urban Development shall require certification as to compliance with the provisions of this subsection prior to making any payment under such contract.

(d)Reports by contractors and subcontractors to Secretary of Labor (e) Prescription of standards, regulations, and procedures by Secretary of Labor

Any contractor engaged in the development of any project financed in whole or in part with funds made available pursuant to this subchapter shall report monthly to the Secretary of Labor, and shall cause all subcontractors to report in like manner, within five days after the close of each month and on forms to be furnished by the United States Department of Labor, as to the number of persons on their respective payrolls on the particular project, the aggregate amount of such payrolls, the total man-hours worked, and itemized expenditures for materials. Any such contractor shall furnish to the Department of Labor the names and addresses of all subcontractors on the work at the earliest date practicable.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b), “section 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act (49 Stat. 1011), as amended” and “section 3145 of title 40” substituted for “title 40, United States Code, section 276c”, and, in subsec. (c), “section 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended”, 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.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

to Secretary of Housing and Urban Development, see note set out under section 1581 of this title.

§1592i Laborers and Mechanics

Summary

Title 42, §1592i

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata