52.222-4 Contract Work Hours and Safety

Standards -Overtime Compensation.

As prescribed in 22.305 , insert the following clause:

Contract Work Hours and Safety Standards-Overtime Compensation (May 2018)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see

Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any

workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked

over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and

subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In

addition, the Contractor and subcontractor are liable for liquidated damages payable to the

Government. The Contracting Officer will assess liquidated damages at the rate specified at 29 CFR

5.5(b)(2) per affected employee for each calendar day on which the employer required or permitted

the employee to work in excess of the standard workweek of 40 hours without paying overtime

wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C.

chapter 37). In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28

U.S.C. 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later

than January 15 each year.

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold

from payments due under the contract sufficient funds required to satisfy any Contractor or

subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the

contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will

withhold payments from other Federal or federally assisted contracts held by the same Contractor

that are subject to the Contract Work Hours and Safety Standards statute

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all

laborers and mechanics working on the contract during the contract and shall make them available

to the Government until 3 years after contract completion. The records shall contain the name and

address of each employee, social security number, labor classifications, hourly rates of wages paid,

daily and weekly number of hours worked, deductions made, and actual wages paid. The records

need not duplicate those required for construction work by Department of Labor regulations at 29

CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting

Officer or the Department of Labor to inspect, copy, or transcribe records maintained under

paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized

representatives of the Contracting Officer or Department of Labor to interview employees in the

workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of

this clause in subcontracts that may require or involve the employment of laborers and mechanics
and require subcontractors to include these provisions in any such lower tier subcontracts. The

Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor

with the provisions set forth in paragraphs (a) through (d) of this clause.

(End of clause)

Parent topic: 52.222 [Reserved]