J.4 USDL Poster.pdf

EMPLOYEE RIGHTS

ON GOVERNMENT CONTRACTS

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

This establishment is performing Government contract work subject to (check one)

SERVICE CONTRACT ACT {SCA) or

PUBLIC CONTRACTS ACT {PCA)

MINIMUM WAGES Your rate must be no less than the Federal minimum wage established by the Fair Labor Standards Act (FLSA).

A higher rate may be required for SCA contracts if a wage determination applies. Such wage determination will be posted as an attachment to this Notice.

FRINGE BENEFITS SCA wage determinations may require fringe benefit payments (or a cash equivalent). PCA contracts do not require fringe benefits.

OVERTIME PAY You must be paid 1.5 times your basic rate of pay for all hours worked over 40 in a week. There are some exceptions.

CHILD LABOR No person under 16 years of age may be employed on a PCA contract.

SAFETY & HEALTH Work must be performed under conditions th�t are sanitary, and not hazardous or dangerous to employees' health and safety.

ENFORCEMENT Specific DOL agencies are responsible for the administration ,,., of these laws. To file a complaint or obtain information for:

Contact the Wage and Hour Division by calling its tolHree help line at 1-866-4-USWAGE (1-866-487-9243), or visit its Web site at www.wagehour.dol.gov.

Contact the Occupational Safety and Health Administration (OSHA) by calling 1-800-321-OSHA (1-800-321-6742), or visit its Web site at www.osha.gov.

For additional information:

1-866-4-USWAGE SWHD

(1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division

WHO Pubhcalion 1313 {Revised April 2009) OYE!f' ►

ATTACHMENT J.4

U.S. Department of Labor Washington, D,C, 20210 The purpose of the discussion below is to advise contractors which are subject to the Walsh-Healey Public Contracts Act or the Service Contract Act of the principal provisions of these acts.

Walsh-Healey Public Contracts Act General Provisions This act applies to contracts which exceed or may exceed $10,000 entered Into by any agency or Instrumentality of the United States for the manufacture or furnishing of rnaterlals, supplies, art!cles, or equipment. The act establishes minimum wage, maximum hours, and safety and health standards for work on such contracts, and prohibits the employment on contract work of convict labor (unless certain conditions are met} and children under 16 years of age. The employment of homeworkers (except homeworkers with disabilities employed under the provisions of Regulations, 29 CFR Part 525) on a covered contract Is not permitted.

In addition to Its coverage of prime contractors, the act under certain circumstances applies to secondary contractors performing work under contracts awarded by the Government prime contractor, All provisions of the act except the safety and health requirements are administered by the Wage and Hour Division.

Minimum Wage Covered employees must currently be paid not less than the Federal minimum wage established in section 6(a)(1} of the Fair Labor Standards Act.

overtime Covered workers must be paid at least one and one-half times their basic rate o f pay for all hours wori<ed In excess of 40 a week. Overtime is due on the basls of the total hours spent in all work, Government and non-Government, performed by the employee In any week In which covered work Is performed.

Child Labor Employers may protect themselves against unintentional child labor violations by obtaining certificates of age. State employment or age certlfic:ates are acceptable.

Safety and Health No covered work may be performed in plants, factories, buildings, or surroundings or under work conditions that are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in the performance of the contract. The safety and health provisions of the Walsh-Healey Public Contracts Act ere administered by the Occupational Safety and Health Administration.

Posting During the period that co\/8red work is being performed on a contract subject to the act, the contractor must post copies of Notice to Employees Working on Government Contracts In a sufficient number of places to permit employees to observe a copy on the way to or from their place of employment.

Responsibility for Secondary Contractors Prime contractors are liable for violations of the act committed by their covered secondary contractors.

Service Contract Act General Provisions The Service Contract Act applies to every contract entered Into by the United states er the District of Columbia, the pmclpal purpose of which Is to furnish services In the United States through the use of service employees. Contractors end subcontractors performing on such Federal contracts must observe minimum wage and safety and health standards, and must maintain certain records, unless a specific exemption applies.

Wages and Fringe Benefits Every service employee performing any of the Goverrrnent contract work under a s8IVice contract In excess of $2,500 must be paid not less than the monetary wages, and must be furnished the fringe benefits, which the Secretary of Labor has detennlned to be prevailing In the locallty for the classlffcatlon In which the employee Is working or the wage rates and fringe benefits Qncludlng any accrued or prospective wage rates and frlnge benefits) contained in a predecessor contractor's collective bargaining agreement. The wage rates and fringe benefits required are usually specified In the contract but In no case may employees doing work necessary for the performance of the contract be paid less than the minimum wage established In section 6{a)(1} of the Fair Labor Standards Act.

Service ccntracts which do not exceed $2,500 are not subject to prevailing rate determinations or to the safety and health requirements of the act. However, the act does require that employees performing work on such contracts be paid not less than the minimum wage rate established In section 6(a)(1} of the Fair Labor Standards Act.

Overtime The Fair Labor Standards Act and the Contract Work Hours Safety Standards Act may require the payment of overtime at time and one-half the regular rate of pay for all hours work on the contract In excess of 40 a week. The Contract Work Hours Safety Standards Act Is more limited In scope than the Fair Labor Standards Act and generally applies to Government contracts In excess of $100,000 that require or Involve the employment of laborers, mechanics, guards, watchmen.

Safety and Health The act provides that no pert of the services In contracts In excess of $2,500 may be performed In buildings or surroundings or under worl<lng condltlons, provided by or under the control or supervision of the contractor or subcontractor, which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish the services. The safety and health provisions of the Service Contract Act. are administered by the Occupational Safety and Health Administration.

Notice to Employees On the date a service employee commences work on a contract In excess of $2,500, the contractor (or sub-contractor) must provide the employee with a notice of the compensation required by the act. The posting of the notice Qncluding any applcable wage determination) contained on the reverse n a location where It may be seen by all employees performing on the contract wiH satisfy this requirement.

Notice in Subcontracts The contractor is required to Insert in all subcontracts the labor standards clauses speclffed by the regulations In 29 CFR Pert 4 for Federal service contracts exceeding $2,500, Responslbllity for Secondary Contractors Prlme contractors are liable for violations of the act committed by their covered secondary ccntractors.

Other Obllgatlons Observance of the labor standards of these acts does not relieve the employer of any obligation he may have under any other laws or agreements providing for higher labor standards.

Additional Information Additional Information and copies of the acts and applicable regulations and Interpretations may be obtained from the nearest office of the Wage and Hour DMslon or the National Office In Washington D.C. Information pertaining to safety and health standards may be obtained from the nearest office of the Occupational Safety and Health Administration or the National Office in Washington, O.C.

U.S, (3()vmNMENT PAINTING OFFICE: 1996 - 421-004/59076

ATTACHMENT J.4