EP 1180-1-1
1 Aug 01
force or otherwise, any person employed within the United States in the construction or repair of public
works (including those financed in whole or in part by loans or grants from the United States) to give up
any part of the compensation to which he is entitled under his contract of employment.
2-6. The Contract Work Hours and Safety Standards Act (40 USC 327-333). This Act applies to both
service and construction contracts and requires employees to be paid time and one-half for all hours
worked in excess of 40 per week. The Act also contains certain health and safety standards.
2-7. The McNamara-O'Hara Service Contract Act (41 USC 351-358). This Act applies to Federal
contracts for services in the United States in excess of ,500 through the use of service employees.
Service employees include all employees working under a contract except those in executive,
administrative or professional capacities as those terms are defined in 29 CFR 541. This definition
therefore includes many "white collar" employees formerly excluded prior to the 1976 amendment to the
Act. The Act requires minimum wages and fringe benefits as determined to be prevailing by the Secretary
of Labor. The DOL has primary enforcement responsibility for this law.
2-8. The Brooks Act (40 USC 541 - 544). This Act sets forth mandatory procedures for contracting for
architect-engineer (A-E) services. The Act requires that the Federal Government "publicly announce all
requirements" for A-E services, "select firms on the basis of demonstrated competence and
qualifications," and "negotiate a contract with the highest qualified firm" at a fair and reasonable price.
2-9. Executive Orders. Federal contract standards are also established by the President through the
promulgation of Executive Orders. Generally, these Executive Orders require each agency of the Federal
Government to incorporate certain clauses in Federal contracts. Among the most relevant Executive
Orders are those noted below.
a. Executive Orders 11246, 11375 and 12086 provide that contractors and subcontractors will
act affirmatively to ensure that applicants are employed, and that employees are treated equally during
employment, without regard to race, color, religion, sex or national origin.
b. Executive Order 13201 requires contractors to post notices in their plants, offices and work
sites apprising affected workers of their right to seek a refund of their union dues if the subject union
expends their payments on administrative activities unrelated to collective bargaining, contract
administration, or grievance adjustment.
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