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A TRUE COPY <br />,FRTIFICATION ON LAST PAGE <br />R. SMITH, CLERK <br />excess of 40 hours in the work week. <br />d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide <br />that no laborer or mechanic must be required to work in surroundings or under working <br />conditions which are unsanitary, hazardous or dangerous. These requirements do not <br />apply to the purchases of supplies or materials or articles ordinarily available on the <br />open market, or contracts for transportation or transmission of intelligence. <br />e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning <br />compliance with the Contract Work Hours and Safety Standards Act: <br />"Compliance with the Contract Work Hours and Safety Standards Act. <br />(1) Overtime requirements. No contractor or subcontractor contracting for any <br />part of the contract work which may require or involve the employment of <br />laborers or mechanics shall require or permit any such laborer or mechanic in <br />any workweek in which he or she is employed on such work to work in excess <br />of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of <br />pay for all hours worked in excess of forty hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of <br />any violation of the clause set forth in paragraph (1) of this section the <br />contractor and any subcontractor responsible therefor shall be liable for the <br />unpaid wages. In addition, such contractor and subcontractor shall be liable to <br />the United States (in the case of work done under contract for the District of <br />Columbia or a territory, to such District or to such territory), for liquidated <br />damages. Such liquidated damages shall be computed with respect to each <br />individual laborer or mechanic, including watchmen and guards, employed in <br />violation of the clause set forth in paragraph (1) of this section, in the sum of <br />$10 for each calendar day on which such individual was required or permitted <br />to work in excess of the standard workweek of forty hours without payment of <br />the overtime wages required by the clause set forth in paragraph (1) of this <br />section. <br />(3) Withholding for unpaid wages and liquidated damages. The (write in the <br />name of the Federal agency or the loan or grant recipient) shall upon its own <br />action or upon written request of an authorized representative of the Department <br />of Labor withhold or cause to be withheld, from any moneys payable on account <br />of work performed by the contractor or subcontractor under any such contract <br />or any other Federal contract with the same prime contractor, or any other <br />federally -assisted contract subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the same prime contractor, such sums as may <br />be determined to be necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as provided in the <br />clause set forth in paragraph (2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any <br />subcontracts the clauses set forth in paragraph (1) through (4) of this section <br />and also a clause requiring the subcontractors to include these clauses in <br />any lower tier subcontracts. The prime contractor shall be responsible for <br />compliance by any subcontractor or lower tier subcontractor with the clauses <br />set forth in paragraphs (1) through (4) of this section." <br />6. Rights to Inventions Made Under a Contractor Agreement <br />63 <br />