Applicability
FAR 22.1903 defines which contracts and workers are subject to federal minimum wage requirements, emphasizing careful identification of covered and excluded individuals for compliance.
Overview
FAR 22.1903 outlines the applicability of Subpart 22.19, which implements requirements for increasing the minimum wage for certain workers on federal contracts. This section specifies which contracts and workers are covered, as well as notable exclusions. It applies to contracts subject to the Service Contract Labor Standards (SCLS, formerly Service Contract Act) and the Wage Rate Requirements (Construction, formerly Davis-Bacon Act) statutes, provided performance occurs in whole or in part within the United States or its territories. The rule clarifies that coverage extends to all workers as defined in 22.1901, including those with disabilities and registered apprentices, regardless of their contractual relationship. However, it excludes certain FLSA-covered individuals who spend less than 20% of their time on covered work, and those exempted from FLSA minimum wage requirements, such as bona fide executives, administrators, professionals, and certain learners or students. Agency Labor Advisors are available for guidance on applicability questions.
Key Rules
- Covered Contracts
- Applies to contracts under SCLS or Davis-Bacon statutes performed in whole or in part within the U.S. or its territories.
- Covered Workers
- Includes all workers as defined in 22.1901, such as those with disabilities and registered apprentices, regardless of employment relationship.
- Exclusions
- Excludes certain FLSA-covered individuals who spend less than 20% of their time on covered work and those exempt from FLSA minimum wage requirements, unless otherwise covered by SCLS or Davis-Bacon.
- Agency Guidance
- Agency Labor Advisors are available for assistance and are listed on SAM.gov.
Responsibilities
- Contracting Officers: Ensure contracts subject to SCLS or Davis-Bacon and performed in the U.S. comply with minimum wage requirements; consult Labor Advisors as needed.
- Contractors: Identify covered workers, apply minimum wage requirements, and ensure exclusions are properly documented.
- Agencies: Provide access to Labor Advisors for compliance support.
Practical Implications
- This section ensures that minimum wage protections are extended to most workers on covered federal contracts performed in the U.S., but clarifies important exceptions. Contractors must carefully assess worker classifications and contract coverage to avoid compliance issues. Misclassification or failure to apply the correct wage standards can result in penalties or contract disputes.