22.1901 Definitions
Source: FAR 22.1901 on acquisition.gov
FAR 22.1901 defines who is considered a "worker" and the geographic scope for minimum wage requirements under Executive Order 14026, ensuring contractors correctly identify covered employees.
Overview
FAR 22.1901 provides definitions critical for interpreting and applying the requirements of Subpart 22.19, which implements Executive Order 14026 on increasing the minimum wage for certain federal contractors. It clarifies the geographic scope of "United States" and, most importantly, defines who qualifies as a "worker" under the regulation. The definition of "worker" is broad, covering individuals performing work on or in connection with covered contracts, including those whose wages are governed by the Fair Labor Standards Act, Service Contract Labor Standards, or Wage Rate Requirements (Construction). It excludes bona fide executive, administrative, or professional employees but includes those working under special wage certificates and registered apprentices or trainees. The section also distinguishes between workers performing "on" versus "in connection with" a contract, which is crucial for determining coverage and compliance obligations.
Key Rules
- Definition of United States
- Specifies all territories and areas included under "United States" for the purposes of this subpart.
- Definition of Worker
- Details who is considered a worker, including wage law coverage, exclusions, and special categories like apprentices and those under special wage certificates.
- Work Performed On vs. In Connection With a Contract
- Clarifies the difference between direct contract work and supporting activities necessary for contract performance.
Responsibilities
- Contracting Officers: Must apply these definitions to determine contract and worker coverage under Subpart 22.19.
- Contractors: Must identify which employees are covered "workers" and ensure compliance with minimum wage and related requirements.
- Agencies: Oversee and enforce proper application of these definitions in contract administration.
Practical Implications
- This section ensures all parties understand who is covered by the minimum wage requirements, reducing ambiguity and compliance risk.
- Misclassification of workers or misunderstanding the geographic scope can lead to violations and penalties.
- Contractors must carefully review employee roles and wage law applicability to avoid noncompliance.
As used in this subpart—
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim" target="_blank">43 U.S.C. 1331, et seq.).
Worker, (in accordance with 29 CFR 23.20)–
(1)
(i)Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and
(A)Whose wages under such contract are governed by the Fair Labor Standards Act (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-chapter8&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">29 U.S.C. chapter 8), the Service Contract Labor Standards statute (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter31&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">40 U.S.C. chapter 31, subchapter IV),
(B)Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541,
(C)Regardless of the contractual relationship alleged to exist between the individual and the employer.
(ii)Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section214(c)&num=0&edition=prelim" target="_blank">29 U.S.C. 214(c).
(iii)Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(2)
(i)A worker performs on a contract if the worker directly performs the specific services called for by the contract; and
(ii)A worker performs in connection with a contract if the worker's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.