Title 40 — Public Buildings, Property, and Works — § 3142. Rate of wages for laborers and mechanics
Summary
Pages 120-121 of Title 40, Public Buildings, Property, and Works, print § 3142, Rate of wages for laborers and mechanics, with the definitions in § 3141 and §§ 3143-3144 of the wage rate subchapter that reenacted the Davis-Bacon Act. Under § 3142, the advertised specifications for every federal or District of Columbia contract in excess of $2,000 for construction, alteration or repair of public buildings or public works must state minimum wages, based on wages the Secretary of Labor determines to be prevailing for similar projects in the local civil subdivision. Contracts must require contractors to pay workers on the site at least once a week and post the wage scale there, and let the government withhold enough to cover underpayment. Section 3143 lets the government terminate a contractor that fails to pay required wages and hold it liable for excess completion costs.
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§ 3141 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS Page 120
seq.) of chapter 17 of Title 33, Navigation and Navigable HISTORICAL AND REVISION NOTES
Waters. For complete classification of this Act to the
Code, see Tables. Revised Source (U.S. Code) Source (Statutes at Large)
Section
AMENDMENTS 3141(1) ........ (no source).
3141(2) ........ 40:276a(b) (1st par. Mar. 3, 1931, ch. 411, § 1(b)
2018—Subsec. (c). Pub. L. 115–232 added subsec. (c). words before pro- (1st par. words before pro-
2017—Subsec. (b). Pub. L. 115–91, § 3502(b)(2), sub- viso). viso), as added Pub. L.
stituted ‘‘31 or’’ for ‘‘31,’’ and struck out ‘‘or the Mer- 88–349, § 1, July 2, 1964, 78
Stat. 239.
chant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et
seq.),’’ after ‘‘title 46,’’.
Clause (1) is added for clarity.
2006—Subsec. (b). Pub. L. 109–304 substituted ‘‘subtitle
V of title 46’’ for ‘‘the Merchant Marine Act, 1936 (46
App. U.S.C. 1101 et seq.)’’. Editorial Notes
REFERENCES IN TEXT
Statutory Notes and Related Subsidiaries
The Davis-Bacon Act, referred to in par. (1), is act of
TRANSFER OF FUNCTIONS Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified
generally to sections 276a to 276a–5 of former Title 40,
For transfer of authorities, functions, personnel, and Public Buildings, Property, and Works, and was re-
assets of the Coast Guard, including the authorities pealed and reenacted as sections 3141–3144, 3146, and 3147
and functions of the Secretary of Transportation relat- of this title by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002,
ing thereto, to the Department of Homeland Security, 116 Stat. 1062, 1304. For complete classification of this
and for treatment of related references, see sections Act to the Code, see Tables.
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor- AMENDMENTS
ganization Plan of November 25, 2002, as modified, set 2006—Par. (1). Pub. L. 109–284 substituted ‘‘1494)’’ for
out as a note under section 542 of Title 6. ‘‘1494’’.
SUBCHAPTER IV—WAGE RATE § 3142. Rate of wages for laborers and mechanics
REQUIREMENTS
(a) APPLICATION.—The advertised specifica-
§ 3141. Definitions tions for every contract in excess of $2,000, to
which the Federal Government or the District of
In this subchapter, the following definitions Columbia is a party, for construction, alter-
apply: ation, or repair, including painting and deco-
(1) FEDERAL GOVERNMENT.—The term ‘‘Fed- rating, of public buildings and public works of
eral Government’’ has the same meaning that the Government or the District of Columbia
the term ‘‘United States’’ had in the Act of that are located in a State or the District of Co-
March 3, 1931 (ch. 411, 46 Stat. 1494) (known as lumbia and which requires or involves the em-
the Davis-Bacon Act). ployment of mechanics or laborers shall contain
(2) WAGES, SCALE OF WAGES, WAGE RATES, a provision stating the minimum wages to be
MINIMUM WAGES, AND PREVAILING WAGES.—The
paid various classes of laborers and mechanics.
terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage (b) BASED ON PREVAILING WAGE.—The min-
rates’’, ‘‘minimum wages’’, and ‘‘prevailing imum wages shall be based on the wages the
wages’’ include— Secretary of Labor determines to be prevailing
(A) the basic hourly rate of pay; and for the corresponding classes of laborers and me-
(B) for medical or hospital care, pensions chanics employed on projects of a character
on retirement or death, compensation for in- similar to the contract work in the civil subdivi-
juries or illness resulting from occupational sion of the State in which the work is to be per-
activity, or insurance to provide any of the formed, or in the District of Columbia if the
forgoing, for unemployment benefits, life in- work is to be performed there.
surance, disability and sickness insurance, (c) STIPULATIONS REQUIRED IN CONTRACT.—
or accident insurance, for vacation and holi- Every contract based upon the specifications re-
day pay, for defraying the costs of appren- ferred to in subsection (a) must contain stipula-
ticeship or other similar programs, or for tions that—
other bona fide fringe benefits, but only (1) the contractor or subcontractor shall pay
where the contractor or subcontractor is not all mechanics and laborers employed directly
required by other federal, state, or local law on the site of the work, unconditionally and at
to provide any of those benefits, the amount least once a week, and without subsequent de-
of— duction or rebate on any account, the full
(i) the rate of contribution irrevocably amounts accrued at time of payment, com-
made by a contractor or subcontractor to puted at wage rates not less than those stated
a trustee or to a third person under a fund, in the advertised specifications, regardless of
plan, or program; and any contractual relationship which may be al-
(ii) the rate of costs to the contractor or leged to exist between the contractor or sub-
subcontractor that may be reasonably an- contractor and the laborers and mechanics;
ticipated in providing benefits to laborers (2) the contractor will post the scale of
and mechanics pursuant to an enforceable wages to be paid in a prominent and easily ac-
commitment to carry out a financially re- cessible place at the site of the work; and
sponsible plan or program which was com- (3) there may be withheld from the con-
municated in writing to the laborers and tractor so much of accrued payments as the
mechanics affected. contracting officer considers necessary to pay
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. to laborers and mechanics employed by the
L. 109–284, § 6(11), Sept. 27, 2006, 120 Stat. 1213.) contractor or any subcontractor on the work
Page 121 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3144
the difference between the rates of wages re- are substituted for ‘‘rate of pay described in paragraph
quired by the contract to be paid laborers and (1)’’ for clarity.
mechanics on the work and the rates of wages
received by the laborers and mechanics and Editorial Notes
not refunded to the contractor or subcontrac- AMENDMENTS
tors or their agents.
2006—Subsec. (d). Pub. L. 109–284, § 6(12), inserted ‘‘of
(d) DISCHARGE OF OBLIGATION.—The obligation this title’’ after ‘‘amount referred to in section
of a contractor or subcontractor to make pay- 3141(2)(B)’’.
ment in accordance with the prevailing wage de- Subsec. (e). Pub. L. 109–284, § 6(13), inserted ‘‘of this
terminations of the Secretary of Labor, under title’’ after ‘‘determined under section 3141(2)(B)’’.
this subchapter and other laws incorporating
§ 3143. Termination of work on failure to pay
this subchapter by reference, may be discharged
agreed wages
by making payments in cash, by making con-
tributions described in section 3141(2)(B)(i) of Every contract within the scope of this sub-
this title, by assuming an enforceable commit- chapter shall contain a provision that if the con-
ment to bear the costs of a plan or program re- tracting officer finds that any laborer or me-
ferred to in section 3141(2)(B)(ii) of this title, or chanic employed by the contractor or any sub-
by any combination of payment, contribution, contractor directly on the site of the work cov-
and assumption, where the aggregate of the pay- ered by the contract has been or is being paid a
ments, contributions, and costs is not less than rate of wages less than the rate of wages re-
the basic hourly rate of pay plus the amount re- quired by the contract to be paid, the Federal
ferred to in section 3141(2)(B) of this title. Government by written notice to the contractor
(e) OVERTIME PAY.—In determining the over- may terminate the contractor’s right to proceed
time pay to which a laborer or mechanic is enti- with the work or the part of the work as to
tled under any federal law, the regular or basic which there has been a failure to pay the re-
hourly rate of pay (or other alternative rate on quired wages. The Government may have the
which premium rate of overtime compensation work completed, by contract or otherwise, and
is computed) of the laborer or mechanic is the contractor and the contractor’s sureties
deemed to be the rate computed under section shall be liable to the Government for any excess
3141(2)(A) of this title, except that where the costs the Government incurs.
amount of payments, contributions, or costs in-
curred with respect to the laborer or mechanic (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.)
exceeds the applicable prevailing wage, the reg- HISTORICAL AND REVISION NOTES
ular or basic hourly rate of pay (or other alter-
native rate) is the amount of payments, con- Revised
Source (U.S. Code) Source (Statutes at Large)
Section
tributions, or costs actually incurred with re-
spect to the laborer or mechanic minus the 3143 ............ 40:276a–1. Mar. 3, 1931, ch. 411, § 2, 46
greater of the amount of contributions or costs Stat. 1494; Aug. 30, 1935,
ch. 825, 49 Stat. 1012.
of the types described in section 3141(2)(B) of
this title actually incurred with respect to the The words ‘‘The Government may have the work
laborer or mechanic or the amount determined completed’’ are substituted for ‘‘and to prosecute the
under section 3141(2)(B) of this title but not ac- work to completion . . . thereby’’ for clarity.
tually paid.
§ 3144. Authority to pay wages and list contrac-
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. tors violating contracts
L. 109–284, § 6(12), (13), Sept. 27, 2006, 120 Stat.
1213.) (a) PAYMENT OF WAGES.—
(1) IN GENERAL.—The Secretary of Labor
HISTORICAL AND REVISION NOTES shall pay directly to laborers and mechanics
Revised from any accrued payments withheld under
Source (U.S. Code) Source (Statutes at Large)
Section the terms of a contract any wages found to be
3142(a), (b) 40:276a(a) (words be- Mar. 3, 1931, ch. 411, § 1(a), 46 due laborers and mechanics under this sub-
fore 1st semi- Stat. 1494; Aug. 30, 1935, chapter.
colon). ch. 825, 49 Stat. 1011; June
15, 1940, ch. 373, § 1, 54 (2) RIGHT OF ACTION.—If the accrued pay-
Stat. 399; Pub. L. 86–624, ments withheld under the terms of the con-
§ 26, July 12, 1960, 74 Stat.
418; Pub. L. 88–349, § 1, tract are insufficient to reimburse all the la-
July 2, 1964, 78 Stat. 238. borers and mechanics who have not been paid
3142(c) ........ 40:276a(a) (words
after 1st semi- the wages required under this subchapter, the
colon). laborers and mechanics have the same right to
3142(d) ........ 40:276a(b) (1st par. Mar. 3, 1931, ch. 411, § 1(b)
proviso). (1st par. proviso, last bring a civil action and intervene against the
par.), as added Pub. L. contractor and the contractor’s sureties as is
88–349, § 1, July 2, 1964, 78
Stat. 239. conferred by law on persons furnishing labor
3142(e) ........ 40:276a(b) (last par.). or materials. In those proceedings it is not a
defense that the laborers and mechanics ac-
In subsection (a), the words ‘‘a State’’ are substituted
for ‘‘the geographical limits of the States of the Union’’
cepted or agreed to accept less than the re-
for consistency in the revised title and with other titles quired rate of wages or voluntarily made re-
of the United States Code and to eliminate unnecessary funds.
words. (b) LIST OF CONTRACTORS VIOLATING CON-
In subsection (b), the words ‘‘city, town, village, or
other’’ are omitted as unnecessary. TRACTS.—
In subsection (d), the words ‘‘of a type’’ are omitted (1) IN GENERAL.—The Comptroller General
as unnecessary. The words ‘‘basic hourly rate of pay’’ shall distribute to all departments of the Fed-
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