|
about, discussed, or disclosed the compensation of the employee or applicant or
<br />another employee or applicant. This provision shall not apply to instances in which
<br />an employee who has access to the compensation information of
<br />other employees or applicants as a part of such employee's essential job functions discloses
<br />the compensation of such other employees or applicants to individuals who do not otherwise
<br />have access to such information, unless such disclosure is in response to a formal complaint
<br />or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
<br />investigation conducted by the employer, or is consistent with the Recipient's legal duty to
<br />furnish information.
<br />iv. The Recipient will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other Agreement or understanding, a notice to be provided
<br />advising the said labor union or workers' representatives of the Recipient's commitments
<br />under this section, and shall post copies of the notice in conspicuous places available
<br />to employees and applicants for employment.
<br />v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
<br />1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
<br />pursuant thereto, and will permit access to his books, records, and accounts by
<br />the administering agency and the Secretary of Labor for purposes of investigation to ascertain
<br />compliance with such rules, regulations, and orders.
<br />vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
<br />Agreement or with any of the said rules, regulations, or orders, this Agreement may be
<br />canceled, terminated, or suspended in whole or in part and the Recipient may be declared
<br />ineligible for further Government contracts or federally assisted construction contracts in
<br />accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
<br />such other sanctions may be imposed and remedies invoked as provided in Executive Order
<br />11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
<br />otherwise provided by law.
<br />viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1)
<br />and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
<br />exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
<br />204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
<br />upon each subcontractor or vendor. The Recipient will take such action with respect to
<br />any subcontractor purchase order as the administering agency may direct as a means of
<br />enforcing such provisions, including sanctions for noncompliance.
<br />4. Davis Bacon Act
<br />If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if
<br />required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-
<br />31'44, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
<br />Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
<br />accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than
<br />the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
<br />contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
<br />"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
<br />3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
<br />Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be
<br />prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
<br />public work, to give up any part of the compensation to which he or she is otherwise entitled.
<br />5. Contract Work Hours and Safety Standards Act
<br />Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
<br />laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
<br />Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must be required to
<br />compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work
<br />in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
<br />Attachment 8
<br />2 of 5
<br />Rev. 7/2/18
<br />
|