Federal Aviation Administration, DOT

Pt. 151, App. H

or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated
or the actual cost incurred in providing such
benefits (29 CFR 5.5(a)(3)(i)).
(2) The contractor will submit weekly a
copy of all payrolls to the [insert sponsor-s
name] for transmission to the FAA, as required by Section 151.53(a). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage
rates contained therein are not less than
those determined by the Secretary of Labor
and that the classifications set forth for each
laborer or mechanic conform with the work
he performed. A submission of a  - Weekly
Statement of Compliance -  which is required
under this contract and the Copeland regulations of the Secretary of Labor (29 CFR part
3) and the filing with the initial payroll or
any subsequent payroll of a copy of any findings by the Secretary of Labor, under 29 CFR
5.5(a)(1)(iv) (see subparagraph (4) of paragraph (A) above), shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls
of all subcontractors. The contractor will
make the records required under the labor
standards clauses of the contract available
for inspection by authorized representatives
of the FAA and the Department of Labor,
and will permit such representatives to
interview employees during working hours
on the job (29 CFR 5.5(a)(3)(ii)).
D. Apprentices. Apprentices will be permitted to work as such only when they are
registered, individually, under a bona fide
apprenticeship program registered with a
State apprenticeship agency which is recognized by the Bureau of Apprenticeship and
Training, United States Department of
Labor; or, if no such recognized agency exists in a State, under a program registered
with the Bureau of Apprenticeship and
Training, United States Department of
Labor. The allowable ratio of apprentices to
journeymen in any craft classification shall
not be greater than the ratio permitted to
the contractor as to his entire work force
under the registered program. Any employee
listed on a payroll at an apprentice wage
rate, who is not registered as above, shall be
paid the wage rate determined by the Secretary of Labor for the classification of work
he actually performed. The contractor or
subcontractor will be required to furnish to
the [insert sponsor-s name] written evidence
of the registration of his program and apprentices as well as of the appropriate ratios
and wage rates, for the area of construction
prior to using any apprentices on the contract work (29 CFR 5.5(a)(4)).
E. Compliance with Copeland Regulations.
The contractor shall comply with the
Copeland Regulations (29 CFR part 3) of the

Secretary of Labor which are herein incorporated by reference (29 CFR 5.5(a)(5)).
F. Overtime requirements. No contractor or
subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is
employed on such work to work in excess of
eight hours in any calendar day or in excess
of forty hours in such workweek unless such
laborer or mechanic received compensation
at a rate not less than one and one-half
times his basic rate of pay for all hours
worked in excess of eight hours in any calendar day or in excess of forty hours in such
workweek, as the case may be (29 CFR
5.5(c)(1)).
G. Violations; liability for unpaid wages; liquidated damages. In the event of any violation of paragraph F of this provision, the
contractor and any subcontractor responsible therefore shall be liable to any affected
employee for his unpaid wages. In addition,
such contractor and subcontractor shall be
liable to the United States for liquidated
damages. Such liquidated damages shall be
computed, with respect to each individual laborer or mechanic employed in violation of
said paragraph F of this provision, in the
sum of $10 for each calendar day on which
such employee was required or permitted to
work in excess of eight hours or in excess of
the standard workweek of forty hours without payment of the overtime wages required
by said paragraph F of this provision (29 CFR
5.5 (c)(2)).
H. Withholding for unpaid wages and liquidated damages, and priority of payment (1)
The FAA may withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor, such sums as may administratively
be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in paragraph G of this provision (29 CFR 5.5(c)(3)).
(2) In the event of failure or refusal of the
contractor or any subcontractor to comply
with overtime pay requirements of the Contract Work Hours Standards Act, if the funds
withheld by the FAA for the violations are
not sufficient to pay fully both the unpaid
wages due laborers and mechanics and the
liquidated damages due the United States,
the available funds shall be used first to
compensate the laborers and mechanics for
the wages to which they are entitled (or an
equitable portion thereof when the funds are
not adequate for this purpose); and the balance, if any, shall be used for the payment of
liquidated damages (29 CFR 5.14 (d)(2)).
I. Subcontracts. The contractor will insert
in each of his subcontracts the clauses contained in paragraphs A through H and J of
this provision, and also a clause requiring

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