As used in the regulations in this part: (a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, powerlines, pumping stations, railways. airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furA mishing, or owns the materials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular building or work at the site thereof, inCcluding, without limitation, altering, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the emFa ployees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal agency. (d) The term “building or work firanced in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or subcontractor as parent, subsidiary, or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. § 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by these regulations during the preceding weekly payroll period. The statement shall be executed by the contractor or subcontractor or by an authorized officer 11 day of during the payroll period commencing on 19, and day of the ending on the 19----, all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from (Contractor or subcontractor) the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Part 3), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 537; 40 U.S.C. 276c), and described below: (Paragraph describing deductions, if any) (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the [Bureau of Apprenticeship and Training,] United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (Signature and title) Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statement as provided at 72 Stat. 967 (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or fraudulent statement of entry, in any matter within the jurisdiction of any depart ment or agency of the United States shall be fined not more than $10,000 d imprisoned not more than five year or both). (c) The requirements of this sectio shall not apply to any contract of $2,00 or less. (d) Upon & Written finding by th head of a Federal agency, the Secretar of Labor may provide reasonable limita tions, variations, tolerances, and exemp tions from the requirements of thi section subject to such conditions as th Secretary of Labor may specify. § 3.4 Submission of weekly statement and the preservation and inspectio of weekly payroll records. (a) Each weekly statement require under $3.3 shall be delivered by th contractor or subcontractor, withi seven days after the regular paymen date of the payroll period, to a repre sentative of a Federal or State agenc in charge at the site of the building o work, or, if there is no representativ of a Federal or State agency at the sit of the building or work, the statemen shall be mailed by the contractor o subcontractor, within such time, to Federal or State agency contracting fo or financing the building or work After such examination and check a may be made, such statement, or a copy thereof, shall be kept available, or shal be transmitted together with a repor of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontracto shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The pay roll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative, and by authorized representatives of the Department of Labor. $ 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliAnce with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously aid to the employee as a bona fide prepayment of wages when such prepayzent is made without discount or interest. A "bona fide prepayment of wages" 3 considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to other, unless, the deduction is in favor of the contractor, subcontractor, or any aliated person, or when collusion or collaboration exists. (d) Any deduction constituting а contribution on behalf of the person employed to funds established by the Demployer or representatives of employees, or both, for the purpose of providing ether from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for insurance to provide any of the foregoing, -Sor unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their famiyes and dependents: Provided, however, That the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee n writing and in advance of the period which the work is to be done and sach consent is not a condition either for the obtaining of or for the continusation of employment, or (ii) provided das for in a bona fide collective bargaining fense Stamps and Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3 (m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under § 516.25 (a) of this title shall be kept. § 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under § 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (d) The deduction serves the conven- ience and interest of the employee. § 3.7 Applications for the approval of Any application for the making of payroll deductions under § 3.6 shall com- ply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writ- ing and shall be addressed to the Sec- (b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, ex- cept upon a showing of exceptional cir- (c) The application shall state affirm- atively that there is compliance with the standards set forth in the provisions of 3.6. The affirmation shall be ac- companied by a full statement of the facts indicating such compliance. (d) The application shall include a de- scription of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be trans- Action by the Secretary of Labor The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3.6; and shall notify the applicant in writ- § 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for by this part and which are not found to be permissible under § 3.6 are pro- § 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instruments payable on de- mand, or the additional forms of com- pensation for which deductions are per- missible under this part. No other RAC Specific fringe benefits. 30 Types of wage determinations. 132 Overtime payments. AUTHORITY: The provisions of this Part 5 ed under R.S. 161, Reorg. Plan No. 14 1950, 64 Stat. 1267; sec. 2, 48 Stat. 948; sec. 61 Stat. 89; 5 U.S.C. 22, 133z-15 note, 29 TS.C. 258; 40 U.S.C. 276c. SOURCE: The provisions of this Part 5 pear at 29 F.R. 99, Jan. 4, 1964, unless peterwise noted. Subpart A-General 51 Purpose and scope. a) The regulations contained in this part are promulgated in order to coorditate the administration and enforcement of the labor standards provisions of each of the following acts by the Federal gencies responsible for their adminisstration and such additional statutes as gay from time to time confer upon the Secretary of Labor additional duties and responsibilities similar to those conferred upon him under Reorganization Plan No. 14 of 1950: The Davis-Bacon Act (40 U.S.C. 276a6-7), and as extended to the Federal-Aid ghway Act of 1956 (23 U.S.C. 113). Copeland Act (40 U.S.C. 276c). The Contract Work Hours Standards Act 40 USC. 327-330). National Housing Act (12 U.S.C. 1713, 75a, 1715c, 1715k, 1715(d) (3) and (4), **725v. 1715w, 1715x, 1743, 1747, 1748b, 1748h1750g). Hospital Survey and Construction Act -42 US.C. 291h). Federal Airport Act (49 U.S.C. 1114). Defense Housing & Community Facilities Pederal Civil Defense Act of 1950 (50 U.S.C. App 2281). Area Redevelopment Act (42 U.S.C. 2518). Delaware River Basin Compact (sec. 15.1, 3 Stat. 714). Health Professions Educational Assistance - Act of 1963 (42 U.S.C. 292d (c) (4), Sta(c)(5)). Mental Retardation Facilities ConstrucAct (42 U.S.C. 295a (a) (2) (d), 2662(5), 275(a) (5)). Community Mental Health Centers Act Higher Educational Facilities Act of 1963 Vocational Educational Act of 1963 (20 Library Services and Construction Act (20 U.S.C. 355c(a) (4)). Urban Mass Transportation Act of 1964 (sec. 10a, 78 Stat. 307). Economic Opportunity Act of 1964 (sec. 607, 78 Stat. 532). Public Health Service Act (sec. 605(a)(5), 78 Stat. 454). Housing Act of 1964 (78 Stat. 797). The Commercial Fisheries Research and Development Act of 1964 (sec. 7, 78 Stat. 199). The Nurse Training Act of 1964 (sec. 2, 78 Stat. 910). (b) Sections 5.3 and 5.4 contain the Department's procedural rules governing requests for wage determinations under the Davis-Bacon Act and its related statutes listed in § 1.1 of this subtitle and the use of such wage determinations. [29 F.R. 99, Jan. 4, 1964, as amended at 29 F.R. 13463, Sept. 30, 1964] (c) The term "Apprentices" means persons who are indentured and employed in a bona fide apprenticeship program and individually registered by the program sponsor with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no recognized Agency exists in a State, in a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor; (d) The term "wage determination" includes the original decision and any subsequent decisions modifying, superseding, correcting, or otherwise changing the provisions of the original decision, issued prior to the award of the construction contract, except that under the National Housing Act changes in the decision shall be effective if made at any time prior to the beginning of construction. The use of the wage determination shall be subject to the provisions of § 5.4; (e) The term "contract" means any contract within the scope of the labor standards provisions of any of the acts listed in § 5.1 and which is entered into |