41-U.S.C.-6707

§6707 – Enforcement and Administration of Chapter

Pathway

Title 41 > Subtitle II > Chapter 67 > Section 6707

Details

• Reference: Section 6707
• Legend: §6707 – Enforcement and Administration of Chapter
• USCode Year: 2013

Provision Content

(a) Enforcement of Chapter.—Sections 6506 and 6507 of this title govern the Secretarys authority to enforce this chapter, including the Secretarys authority to prescribe regulations, issue orders, hold hearings, make decisions based on findings of fact, and take other appropriate action under this chapter.

(b) Limitations and Regulations for Variations, Tolerances, and Exemptions.—The Secretary may provide reasonable limitations and may prescribe regulations allowing reasonable variation, tolerances, and exemptions with respect to this chapter (other than subsection (f)), but only in special circumstances where the Secretary determines that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of Federal Government business, and is in accord with the remedial purpose of this chapter to protect prevailing labor standards.

(c) Preservation of Wages and Benefits Due Under Predecessor Contracts.—

(1) In general.—Under a contract which succeeds a contract subject to this chapter, and under which substantially the same services are furnished, a contractor or subcontractor may not pay a service employee less than the wages and fringe benefits the service employee would have received under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for in a collective-bargaining agreement as a result of arms-length negotiations.

(2) Exception.—This subsection does not apply if the Secretary finds after a hearing in accordance with regulations adopted by the Secretary that wages and fringe benefits under the predecessor contract are substantially at variance with wages and fringe benefits prevailing in the same locality for services of a similar character.

(d) Duration of Contracts.—Subject to limitations in annual appropriation acts but notwithstanding any other law, a contract to which this chapter applies may, if authorized by the Secretary, be for any term of years not exceeding 5, if the contract provides for periodic adjustment of wages and fringe benefits pursuant to future determinations, issued in the manner prescribed in section 6703 of this title at least once every 2 years during the term of the contract, covering each class of service employee.

(e) Exclusion of Fringe Benefit Payments in Determining Overtime Pay.—In determining any overtime pay to which a service employee is entitled under Federal law, the regular or basic hourly rate of pay of the service employee does not include any fringe benefit payments computed under this chapter which are excluded from the definition of regular rate under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)).

(f) Timeliness of Wage and Fringe Benefit Determinations.—It is the intent of Congress that determinations of minimum wages and fringe benefits under section 6703(1) and (2) of this title should be made as soon as administratively feasible for all contracts subject to this chapter. In any event, the Secretary shall at least make the determinations for contracts under which more than 5 service employees are to be employed.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3815.)

In subsection (e), the words the definition of ‘regular rate’ under section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)) are substituted for the regular rate under the Fair Labor Standards Act by provisions of section 7(d) thereof  for clarity, to correct the reference to the Fair Labor Standards Act in accordance with section 1 of the Fair Labor Standards Act of 1938 (29:201), which provided the short title for the Act, and to correct the reference to section 7(d) thereof  in accordance with section 204(d)(1) of the Fair Labor Standards Amendments of 1966 (Public Law 89–601, 80 Stat. 836), which amended the Fair Labor Standards Act of 1938 by redesignating section 7(d) as 7(e).

In subsection (f), the words paragraphs (1) and (2) of section 2, which appear in section 10 of the Service Contract Act of 1965, as added by section 5 of Public Law 92–473 (86 Stat. 790), are treated as a reference to paragraphs (1) and (2) of section 2(a) of the Service Contract Act of 1965 to reflect the probable intent of Congress. The words which are entered into during the applicable fiscal year, 41:358(1)–(4), and the words On and after July 1, 1976 are omitted as obsolete.

U.S. Encyclopedia of Law Coverage

41-U.S.C.-6705 in the Legal Encyclopedia: Public Contracts

In this entry about 41-U.S.C.-6705, find legal reference material, bibliographies and premiere content related to public contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States public contracts-specific issues, written by authorities in the field.

41-U.S.C.-1501 in the Legal Encyclopedia: Standards

In this entry about 41-U.S.C.-1501, find legal reference material, bibliographies and premiere content related to standards in the American Encyclopedia of Law, presenting a comprehensive view of the United States standards-specific issues, written by authorities in the field.

41-U.S.C.-6704 in the Legal Encyclopedia: Contracts

In this entry about 41-U.S.C.-6704, find legal reference material, bibliographies and premiere content related to contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States contracts-specific issues, written by authorities in the field.

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