Definitions
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.