22.403-3 Contract Work Hours and Safety Standards
Source: FAR 22.403-3 on acquisition.gov
Contracts subject to CWHSSA must ensure laborers and mechanics receive overtime pay for hours worked over 40 in a week, as enforced by a mandatory contract clause.
Overview
- FAR 22.403-3 implements the requirements of 40 U.S.C. Chapter 37, known as the Contract Work Hours and Safety Standards Act (CWHSSA). This regulation mandates that certain federal contracts include a clause ensuring that laborers and mechanics are not required or allowed to work more than 40 hours in a workweek unless they are compensated at least one and one-half times their basic rate of pay for overtime hours. The specific clause to be included is found at FAR 52.222-4, and the applicability of these requirements is further detailed in FAR 22.305.
Key Rules
- Overtime Compensation Requirement
- Laborers and mechanics must be paid at least 1.5 times their basic rate for hours worked over 40 in a workweek.
- Mandatory Contract Clause
- Contracts subject to CWHSSA must include the clause at FAR 52.222-4 to enforce these overtime provisions.
Responsibilities
- Contracting Officers: Must ensure the appropriate clause is included in applicable contracts and verify compliance.
- Contractors: Must not require or permit covered workers to exceed 40 hours per week without proper overtime pay.
- Agencies: Responsible for oversight and enforcement of these labor standards.
Practical Implications
- This regulation protects workers from excessive hours without fair compensation and ensures contractors budget for potential overtime costs. Failure to comply can result in penalties, back wage payments, and possible contract termination. Contractors should carefully track hours worked and ensure payroll practices align with these requirements.
40 U.S.C.chpater 37, Contract Work Hours and Safety Standards, requires that certain contracts (see 22.305) contain a clause (see 52.222-4) specifying that no laborer or mechanic doing any part of the work contemplated by the contract shall be required or permitted to work more than 40 hours in any workweek unless paid for all additional hours at not less than 1 1/2 times the basic rate of pay (see 22.301).