203-2.2

203-2.3

Time and one-half pay for overtime in excess
of forty hours work in a week (except as
otherwise specifically provided in the Act);

A minimum age of sixteen for general employment
(except for occupations declared by the
Secretary of Labor, where a minimum age
of eighteen applies, and for certain
occupations outside of school hours, where
the minimum age is fourteen);

203-2.4 Safe and sanitary working conditions.

203-3 Enforcement: The Act is administered by, and apparent violations should be reported to, the Wage and Hour and Public Contracts Divisions of the United States Department of Labor via the regional office and the Office of Chief Counsel.

2-3-3.1

Federal Highway Administration and Bureau of
Public Roads Responsibility: It is recognized
that many of the enforcement requirements of
contract labor standards provisions established
by this manual would, inevitably, reveal the
existence of any violations of the Fair Labor
Standards Act by the contractors and subcon-
tractors engaged in the performance of Federal
and Federal-aid contracts. It is considered
inappropriate for a Federal employee to condone,
by his silence, a violation of Federal laws.
Therefore, incident to all reviews, inspections
and investigations of the payrolls and employment
records of Federal and Federal-aid contractors,
Bureau of Public Roads personnel shall ascertain
if there are any apparent violations of this
Act. Any such apparent violations shall be
brought to the attention of the State highway
department, which shall notify the contractor
or subcontractor concerned, with the expla-
nation that his conduct in the particular

203-3.1 Continued

circumstance MAY constitute a violation of the
Fair Labor Standards Act, and that a report
of the incident or possible violation must be
submitted to the Office of Chief Counsel,
Federal Highway Administration, for trans-
mittal to the Department of Labor. It is to
be stressed that such comments by Public Roads
personnel are not intended to be definitive
of the fact that a particular course of
conduct by the contractor is or is not, as
a matter of law, a violation of the Act,
or that any corrective action is or is not
required on his part, so far as the contract
requirements are concerned. Rather, these
matters are to be brought to the contractor's
attention, and reports relative to them are sub-
mitted solely on the premise that they appear to
be potential violations. Similarly, it is not
intended that Bureau of Public Roads or State
personnel will undertake the responsibilities
of the Department of Labor relative to this Act
by seeking out violations other than incident to
their defined responsibilities under the
contract labor standards provisions. Finally,
Bureau of Public Roads personnel cannot, and
should not, claim any right to rule that a
particular situation is or is not a violation
of the Fair Labor Standards Act, or that a
particular course of conduct by the contractor
is necessarily the required corrective action
under the Department of Labor regulations.

203-4 Contractor's Inquiries Relative to the Act: Contractors who make inquiries relative to any aspect of the Fair Labor Standards Act shall be advised to contact the Regional Director for the Wage and Hour and Public Contracts Divisions,

203-4 Continued

U.S. Department of Labor, for guidance relative to its requirements.. Bureau of Public Roads personnel should not attempt to answer such questions.

CHAPTER 204

LABOR STANDARDS ESTABLISHED BY REGULATION

204-1 General: In addition to the labor standards discussed in Chapters 201 through 203, which are premised on statutory authority, additional labor standards are imposed by executive action or regulation.

204-2 Equal Employment Opportunity: Executive Order 11246 of September 24, 1965, as amended, provides that there shall be no discrimination by contractors or subcontractors in employment practices on direct Federal and Federal-aid construction programs with regard to race, color, religion, sex, or national origin. The equal employment opportunity program of the Federal Highway Administration is directed by the Federal Highway Administrator with advice and assistance from the Office of Civil Rights. (See FHWA Order 1-2.9.)

204-3 Selection of Labor: Section 1.24 (b) of title 23, Code of Federal Regulations provides that no procedure or requirement shall be imposed by any State which will operate to discriminate against the employment of labor from any other State, possession or territory of the United States, in the construction of a Federal-aid highway project.

204-4 Enforcement: Violation of these and other labor standards provisions of Federal or Federal-aid contracts and subcontracts may be grounds for termination of the contract by the appropriate contracting agency.

THIS PAGE IS RESERVED

Federal-aid construction contracts administered by the State highway departments, and all subcontracts issued thereunder, are subject to the labor standards requirements set forth in the Federal laws and regulations discussed in Part 2 of this manual. The contract clauses whereby these standards are required of contractors and subcontractors are set forth in the enclosures to PPM 23-3 (Appalachian), PPM 40-4 (Federalaid), and PPM 40-5 (Direct Federal). Generally speaking, they establish direct responsibility for administration and enforcement upon the Federal contracting officer, the State highway department, or county or municipality by an arrangement under the State highway department, as the contracting agency. Therefore, the Regional Federal Highway Administrators or the division engineers, consistent with their assignments of responsibilities or authority, shall assure that Federal or Federal-aid contract activities are carried out by the States and by responsible Federal personnel in conformity with these laws, regulations, and policies. Experience establishes the willingness of the vast majority of contractors and subcontractors to comply with thses standards. Enforcement, therefore, is more a matter of educating all parties concerned for the purpose of preventing occurence of violations than of remedial or punitive action after the event of a violation.

CHAPTER 301
CONVICT LABOR

301-1 General: Federal-aid funds may not participate in any project on which convict labor is employed at the site or within the limits of the project between the time of program approval and the time of award of a construction contract or the start of work on force