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responsible for carrying out these requirements, although, in conformity with section 113, title 23, United States Code, authority is reserved for the Federal Highway Administrator to act directly if necessary to assure that laborers or mechanics employed on such projects are afforded the benefits of the applicable Federal labor standards requirements.

The Manual was prepared in the Office of the Chief Counsel, Federal Highway Administration. It is recognized that in the course of labor compliance inspections and investigation of complaints, problems may arise which are not clearly answered by the contents of this Manual. Such problems should be referred to the Office of Chief Counsel. The Chief Counsel, after such coordination with other elements of the Federal Highway Administration as may be necessary, will furnish advice. The Manual will be updated, and additional instructions will be issued by the Office of the Chief Counsel as the need arises. Regional Federal Highway Administrators should confine any implementing instructions only to matters which are clearly covered in the Manual.

Existing delegations of authority to Federal Highway Administration or Bureau of Public Roads employees and officials are not affected by anything in the Manual. However, the officials to whom responsibilities are assigned in the Manual will be accountable for effective administration thereof.

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PREFACE

In this edition of the Labor Compliance Manual an attempt had been made to incorporate the most recent changes in the Federal laws and regulations applicable to the direct Federal and Federal-aid highway programs.

Each of the five parts of the Manual (exclusive of the
Appendices and the Index) is subdivided into Chapters
(i.e., 302), sections (i.e., 302-1), and subsections
(i.e., 302-1.1).

Modifications in this edition include elimination of the instructions and the texts of Executive Orders and regulations regarding contract equal employment opportunity requirements. The Office of Civil Rights in the Federal Highway Administration will issue a civil rights and equal opportunity manual.

Another change recognizes the realignment of wage determination and coordination of enforcement responsibilities within the U.S. Department of Labor. The Office of the Solicitor of Labor formerly was responsible for all functions (except review of the Solicitor's own decisions) pertaining to construction contract labor standards. The Secretary of Labor has now assigned the functional responsibilities as follows:

(a)

Office of the

Legal Interpretations :
Solicitor of Labor

(b)

Coordination of Enforcement: The
Administrator, Wage and Hour and Public
Contract Divisions

(c)

Predetermination of Wage: Assistant
Secretary of Labor for Wage and Labor
Standards, who heads the Wage and
Labor Standards Administration, under
which is the Wage Determination Division.

Much has been learned since the last edition with regard to enforcement of the contract overtime provisions under the Work Hours and Safety Act of 1962, also referred to as the Contract Work Hours and Safety Standards Act. It is hoped that the instructions herein will permit more enlightened, uniform, and even-handed enforcement of the overtime provisions.

There is also a significant difference in the manner in which this Manual will undergo future changes. Like the earlier editions, the Manual will be printed and sold by the Superintendent of Documents. Changes will be printed and distributed by the Federal Highway Administration in accordance with instructions contained at the front of the Manual on that page which includes a tear-out mailer.

The Office of Chief Counsel appreciates the many helpful suggestions received from the users of prior editions of this Manual. We invite your continuing comments, criticism, and suggestions to the end that the Manual may better serve its intended purposes.

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SCOPE

MINIMUM WAGES FOR LABORERS AND MECHANICS

Coverage

Enforcement

Violations

25

26

29

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