Apprentices: This term means persons who are
indentured and employed in a bona fide
apprenticeship program and individually
registered by the program sponsor with a
State agency recognized by the Department
of Labor or with the Bureau of Apprentice-
ship and Training, U.S. Department of Labor.

Inspecting Engineer, Supervisory Engineer, Project Engineer, Resident Engineer and similar terms: These and similar terms are used to designate a State official rather than an employee of the Federal Highway Administration, the Bureau of Public Roads, the contractor or a subcontractor. An attempt has been made, by the use of these terms, to indicate the normal function of the individual concerned, however, it is realized that designations vary from State to State, therefore, each State should interpret the terms in accordance with its own terminology.

Contracting Agency: This term refers to the
State highway department generally but may,
in certain context, refer to municipalities,
counties, etc., which have authority to
enter highway construction contracts and, in
effect, act for the State highway department.

Chief Counsel: As used in this manual,
this term refers to the Chief Counsel,
Federal Highway Administration.

Deduction: A deduction is any sum of money which the contractor, or others in the chain of payment responsibility, withholds from the wages due the employee.

Rebate: A rebate is any sum of money which the contractor, or anyone else, requires the employee to return to them from the wages paid the employee.

100-7.13 Basic Rate: This term is defined, as it relates to the Work Hours and Safety Act of 1962, in Part 4.

100-7.14

100-7.16

100-8

Prevailing Wage Rate: This term means the rate
of wages, including fringe benefit payments, paid
in the area in which the work is to be performed,
to the majority of those employed in that classi-
fication in construction similar to the proposed
undertaking.

(a) In the event that there is not a majority
paid at the same rate, then the rate paid to
the greater number: provided, such greater
number constitutes 30 percent of those employed
or,

(b)

(c)

In the event that less than 30 percent of
those so employed received the same rate,
then the average rate.

The term "area" as used above means the city, town, village, or other political subdivision of the State in which the work is to be performed.

Nonwillful Violations: For locating a definition
in the context of sanctions applied by the
contracting agency against the contractor,
consult the Index.

Abbreviations: The Wage and Hour and Public
Contract Divisions, U.S. Department of Labor, may
use abbreviations in labor standards enforcement
correspondence, as follows:

100-8.1

CWHSSA: Contract Work Hours and Safety Standards
Act, or Work Hours and Safety Act of 1962,

as amended (40 U.S.C. 327-333; 5 U.S.C. 673 (c);
28 U.S.C. 1499).

100-8.2 DBA: The Davis-Bacon Act (40 U.S.C. 276(a)
to 276 (a-5)), under which the U.S. Secretary
of Labor predetermines wage rates for inclusion
in direct Federal construction contracts.
The Davis-Bacon Act does not apply to Federal-
aid construction work.

100-8.3

100-8.4

100-8.5

100-8.6

DBRA: A Davis-Bacon related Act, which requires
certain Federal-aid construction contracts to
contain wage rates predetermined by the Secretary
of Labor in accordance with principles established
by the Davis-Bacon Act. The Federal-Aid Highway
Act of 1968, particularly Section 12 thereof
(23 U.S.C. 113), is an example of a "DBRA."

FLSA: The Fair Labor Standards Act of 1938,
as amended.

SCA or MOSCA: The Service Contracts Act of 1965,
as amended, sometimes called the "McNamara
O'Hara Service Contracts Act."

WHPC: The Wage and Hour and Public Contract
Divisions, U.S. Department of Labor, which is
responsible for enforcement of FLSA, and for
the non-legal aspects of coordination of
enforcement for DBA and DBRA. (The Solicitor
of Labor is responsible for the legal aspects.)

100-8.7 WLSA: The Wage and Labor Standards Administration,
U.S. Department of Labor, under the Assistant
Secretary of Labor for Wage and Labor Standards.
The Division of Wage Determinations of this
Administration predetermines wage rates for
DBA and DBRA projects.

THIS PAGE IS RESERVED

BUREAU OF PUBLIC ROADS

LABOR COMPLIANCE MANUAL

PART 2 FEDERAL LABOR STANDARDS REQUIREMENTS

CHAPTER 200

LABOR STANDARD REQUIREMENTS

200-1 General: In exercising the Federal Highway Administration and Bureau of Public Roads responsibility with respect to the Federal labor standards requirements, it is well to bear in mind the fact that the various Federal laws and regulations establishing these requirements prescribe the inclusion of special clauses in the contract to serve as the basis for enforcement and administration. See Public Roads PPM 23-3, PPM 40-4, and PPM 40-5, also Standard Form 19 A. Thus, the interest of the Bureau of Public Roads in such matters is primarily directed toward insuring that the contracting officers and State highway departments require the contractors and subcontractors to comply with these contract provisions. Contractors and subcontractors are expected to honor these contract requirements with the same vigor, integrity, and responsibility as is expected of them in the performance of all other requirements of the contract. Failure to enforce these contract provisions is a violation of the Federal laws and regulations establishing them, places the contractor in an unfair competitive position with respect to the unsuccessful bidders, and denies the workmen the advantages of the Federal Government's minimum labor standards requirements, which are conditions to the expenditure of Federal-aid funds on the project. See 23 U.S.C. §114, and 23 C.F.R. §1.9. Likewise, improper enforcement may infringe on the contractual rights of the contractor. Accordingly, all indications of possible violations, and complaints concerning enforcement, must be carefully investigated and considered with respect to the applicable Federal laws, regulations, directives and the contract requirements in order to reach a sound and responsible decision.