Apprentices: This term means persons who are Inspecting Engineer, Supervisory Engineer, Project Engineer, Resident Engineer and similar terms: These and similar terms are used to designate a State official rather than an employee of the Federal Highway Administration, the Bureau of Public Roads, the contractor or a subcontractor. An attempt has been made, by the use of these terms, to indicate the normal function of the individual concerned, however, it is realized that designations vary from State to State, therefore, each State should interpret the terms in accordance with its own terminology. Contracting Agency: This term refers to the Chief Counsel: As used in this manual, Deduction: A deduction is any sum of money which the contractor, or others in the chain of payment responsibility, withholds from the wages due the employee. Rebate: A rebate is any sum of money which the contractor, or anyone else, requires the employee to return to them from the wages paid the employee. 100-7.13 Basic Rate: This term is defined, as it relates to the Work Hours and Safety Act of 1962, in Part 4. 100-7.14 100-7.16 100-8 Prevailing Wage Rate: This term means the rate (a) In the event that there is not a majority (b) (c) In the event that less than 30 percent of The term "area" as used above means the city, town, village, or other political subdivision of the State in which the work is to be performed. Nonwillful Violations: For locating a definition Abbreviations: The Wage and Hour and Public 100-8.1 CWHSSA: Contract Work Hours and Safety Standards as amended (40 U.S.C. 327-333; 5 U.S.C. 673 (c); 100-8.2 DBA: The Davis-Bacon Act (40 U.S.C. 276(a) 100-8.3 100-8.4 100-8.5 100-8.6 DBRA: A Davis-Bacon related Act, which requires FLSA: The Fair Labor Standards Act of 1938, SCA or MOSCA: The Service Contracts Act of 1965, WHPC: The Wage and Hour and Public Contract 100-8.7 WLSA: The Wage and Labor Standards Administration, BUREAU OF PUBLIC ROADS LABOR COMPLIANCE MANUAL PART 2 FEDERAL LABOR STANDARDS REQUIREMENTS CHAPTER 200 LABOR STANDARD REQUIREMENTS 200-1 General: In exercising the Federal Highway Administration and Bureau of Public Roads responsibility with respect to the Federal labor standards requirements, it is well to bear in mind the fact that the various Federal laws and regulations establishing these requirements prescribe the inclusion of special clauses in the contract to serve as the basis for enforcement and administration. See Public Roads PPM 23-3, PPM 40-4, and PPM 40-5, also Standard Form 19 A. Thus, the interest of the Bureau of Public Roads in such matters is primarily directed toward insuring that the contracting officers and State highway departments require the contractors and subcontractors to comply with these contract provisions. Contractors and subcontractors are expected to honor these contract requirements with the same vigor, integrity, and responsibility as is expected of them in the performance of all other requirements of the contract. Failure to enforce these contract provisions is a violation of the Federal laws and regulations establishing them, places the contractor in an unfair competitive position with respect to the unsuccessful bidders, and denies the workmen the advantages of the Federal Government's minimum labor standards requirements, which are conditions to the expenditure of Federal-aid funds on the project. See 23 U.S.C. §114, and 23 C.F.R. §1.9. Likewise, improper enforcement may infringe on the contractual rights of the contractor. Accordingly, all indications of possible violations, and complaints concerning enforcement, must be carefully investigated and considered with respect to the applicable Federal laws, regulations, directives and the contract requirements in order to reach a sound and responsible decision. |