22.103-1
Definition
The definition of a "normal workweek" varies by location and is essential for determining overtime obligations in government contracts.
Overview
- FAR 22.103-1 defines the term "normal workweek" for the purposes of overtime regulations in government contracts. It clarifies that a normal workweek is generally 40 hours within the United States and its outlying areas. However, for contracts performed outside the U.S., a longer workweek may be considered normal if it aligns with local custom, tradition, or law, and if hours beyond 40 are not paid at a premium rate.
Key Rules
- Definition of Normal Workweek (U.S. and Outlying Areas)
- A normal workweek is 40 hours.
- Definition of Normal Workweek (Outside U.S.)
- A workweek longer than 40 hours is normal if it does not exceed local norms and excess hours are not paid at a premium rate.
Responsibilities
- Contracting Officers: Must apply the correct definition of "normal workweek" when evaluating overtime provisions in contracts, especially for overseas work.
- Contractors: Must ensure compliance with local workweek norms and pay practices when performing work outside the U.S.
- Agencies: Should provide guidance and oversight to ensure proper application of overtime rules based on location.
Practical Implications
- This definition is crucial for determining when overtime pay is required under government contracts.
- Contractors working overseas must research and document local workweek norms and pay practices to avoid noncompliance.
- Misunderstanding the definition can lead to improper overtime payments or labor disputes.