The text of the bill below is as of Aug 13, 1962 (Passed Congress/Enrolled Bill).
76 STAT. ] PUBUC LAW 87-581-AUG. 13, 1962 357 necessary in the development and propagation of disease-resistant strains of oysters. A grant under this section shall be made upon agreement by the State to use the proceeds thereof only for the pur- poses specified in this section and to use an additional amount for such purposes from State or other non-Federal sources equal to at least 50 per centum of the amount of such grant. SEC. 3. There is authorized to be appropriated such sum, not to ex- Appropriation. ceed $100,000, as may be necessary to carry out the provisions of this Act. Approved August 9, 1962. Public Law 87-581 AN ACT August 13, 1962 To establish standards for hours of work and overtime pay of laborers and [H. R . 1 0 7 8 6 ] mechanics employed on work done under contract for, or with the financial aid of, the United States, for any territory, or for the District of Columbia, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That this Act may Work Hours Act be cited as the "Work Hours Act of 1962" and title I may be cited as of 1962. the "Contract Work Hours Standards Act". SEC. 2. As used in this Act, the term "this Act" means the Work Hours Act of 1962 except in title I, where it means the Contract Work Hours Standards Act. T I T L E I—CONTRACT W O R K H O U R S S T A N D A R D S A C T SEC. 101. As used herein, the term "Secretary" means the Secretary "secretary". of Labor, United States Department of Labor. SEC. 102. (a) Notwithstanding any other provision of law, the wages Forty-hour w( of every laborer and mechanic employed by any contractor or sub- provision. contractor in his performance of work on any contract of the character specified in section 103 shall be computed on the basis of a standard workday of eight hours and a standard workweek of forty hours, and work in excess of such standard workday or workweek shall be per- mitted subject to the provisions of this section. For each workweek in which any such laborer or mechanic is so employed, such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of eight hours in any calendar day or in excess of forty houi*s in the workweek, as the case may be. (b) The following provisions shall be a condition of every con- tract of the character specified in section 103 and of any obligation of the United States, any territory, or the District of Columbia in con- nection therewith: (1) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic, in any workweek in which he is employed on such work, to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek except m accordance with the provisions of this Act; and (2) In the event of violation of the provisions of paragraph (1), the Liability of contractor and any subcontractor res|)onsible therefor shall be liable vuaition.* ^°' to such affected employee for his unpaid wages and shall, in addition, be liable to the United States (or, in the case of w^ork done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages as provided therein. Such
358 PUBLIC LAW 87-581-AUG. 13,1962 [76 STAT. liquidated damages shall be computed, with respect to each individual employed as a laborer or mechanic in violation of any provision of this Act, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by this Act. The governmental.agency for which the contract work is done or by which financial assistance for the work is provided may withhold, or cause to be withheld, subject to the provisions of section 104, from any moneys payable on account of work performed by a contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of sucli contractor or subcontractor for unpaid wages and liquidated damages as herein provided. Contracts, ap- SEC. 103. (a) The provisions of this Act shall apply, except as other- plicability. wise provided, to any contract which may require or involve the employment of laborers or mechanics upon a public work of the United States, of any territory, or of the District of Columbia, and to any other contract which may require or inTolve the employment of labor- ers or mechanics if such contract is one (1) to which the United States or any agency or instrumentality thereof, any territory, or the Dis- trict of Columbia is a party, or, (2) which is made for or on behalf of the United States, any agency or instrumentality thereof, any terri- tory, or the District of Columbia, or (3) which is a contract for work financed in whole or in part by loans or grants from, or loans insured or guaranteed by, the United States or any agency or instrumentality thereof under any statute of the United States providing wage stand- ards for such work: Provided^ That the provisions of section 102, shall not apply to work where the assistance from the United States or any agency or instrumentality as set forth above is only in that nature of a loan guarantee, or insurance. Except as otherwise ex- pressly provided, the provisions of the Act shall apply to all laborers and mechanics, including watchmen and guards, employed by any contractor or subcontractor in the performance of any part of the work contemplated by any such contract, and for purposes of this Act, laborers and mechanics shall include workmen performing services in connection with dredging or rock excavation in any river or harbor of the United States or of any territory or of the District of Columbia, but shall not include any employee employed as a seaman. (b) This Act shall not apply to contracts for transportation by land, air, or water, or for the transmission of intelligence, or for the purchase of supplies or materials or articles ordinarily available in the open market. This Act shall not apply with respect to any work required to be done in accordance with the provisions of the Walsh- Heatey Public Contracts Act (49 Stat.2036; 41 U.S.C. 35-45). Coordination of SEC. 104. (a) Any officer or person designated as inspector of the enforcement by work to be performed under any contract of the character specified Federal a g e n c i e s . in section 103, or to aid in the enforcement or fulfillment thereof shall, upon observation or investigation, forthwith report to the proper officer of the United States, of any territory or possession, or of the District of Columbia, all violations of the provisions of this Act occurring in the performance of such work, together with the name of each laborer or mechanic who was required or permitted to work in violation of such provisions and the day or days of such violation. The amount of unpaid wages and liquidated damages owing under the provisions of this Act shall be administratively determined and the officer or person whose duty it is to approve the payment of moneys by the United States, the territory, or the District of Columbia in connection with the performance of the contract work shall direct the amount of such liquidated damages to be withheld for the use and benefit of the United States, said territory, or said District, and shall direct the
76 STAT. ] PUBLIC LAW 87-581-AUG. 13, 1962 359 amount of stich unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under the provisions of this Act. The Comptroller General of the United States is hereby authorized and directed to pay directly to such laborers and mechanics, from the sums withheld on account of underpayments of wages, the respective amounts administratively determined to be due, if the funds withheld are adequate, and, if not, an equitable proportion of such amounts. (b) If the accrued payments withheld under the terms of the con- tracts, as aforesaid, are insufficient to reimburse all the laborers and mechanics v/ith respect to whom there has been a failure to pay the wages required pursuant to this Act, such laborers and mechanics shall, in the case of a department or agency of the Federal Govern- ment, have the rights of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (c) Any contractor or subcontractor aggrieved by the withholding Right to of a sum as liquidated damages as provided in this Act shall have the «PP««^- right, within sixty days thereafter, to appeal to the head of the agency of the United States or of the territory for which the contract work is done or by which financial assistance for the work is provided, or to the Commissioners of the District of Columbia in the case of liqui- ^^^-^ "^ dated damages withheld for the use and benefit of said District. Such agency head or Commissioners, as the case may be, shall have authority to review the administrative determination of liquidated damages and to issue a final order affirming such determination; or, if it is found that the sum determined is incorrect or that the con- tractor or subcontractor violated the provisions of this Act inad- vertently notwithstanding the exercise of due care on his part and that of his agents, recommendations may be made to the Secretary that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for such liqui- dated damages. The Secretary shall review all pertinent facts in the matter and may conduct such investigations as he deems necessary, so as to affirm or reject the recommendation. The decision of the Sec- retary shall be final. In all such cases in which a contractor or sub- contractor may be aggrieved by a final order for the withholding of liquidated damages as hereinbefore provided, such contractor or sub- contractor may, within sixty days after such final order, file a claim in the Court of Claims: Provided^ however^ That final orders of the agency head, the Commissioners of the District of Columbia or the Secretary, as the case may be, shall be conclusive with respect to find- ings of fact if such findings are supported by substantial evidence. (d) Reorganization Plan Numbered 14 of 1950 (15 F.R. 3175; 64 Stat. 1267) shall be applicable with respect to the provisions of this Act, and s&ction 2 of the Act of June 13, 1934, as amended (48 Stat. 948, 54 Stat. 1236, 63 Stat. 108; 40 U.S.C. 276c), shall be applicable 72 stat. 967. with respect to those contractors and subcontractors referred to therein who are engaged in the performance of contracts subject to the pro- visions of this Act. SEC. 105. The Secretary may provide such reasonable limitations Limitations, e x - and may make such rules and regulations allowing reasonable varia- ^'"P"""*- tions, tolerances, and exemptions to and from any or all provisions of this Act as he may find necessary and proper in the public interest to prevent injustice or undue liardship or to avoid serious impairment of the conduct of Government business. SEC. 106. Any contractor or subcontractor whose duty it shall be to violations. employ, direct, or control any laborer or mechanic employed in the
360 PUBLIC LAW 87-581-AUG. 13, 1962 [76 STAT. performance of any work contemplated by any contract to which this Act applies, who shall intentionally violate any provision of this Act, shall be deemed ^ i l t y of a misdemeanor, and for each and every Penalty. such offense shall, upon conviction, be punished by a fine of not to exceed $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. T I T L E I I — M I S C E L L A N E O U S AND E F F E C T I V E D A T E SEC. 20L The proviso of section 23 of the Act of March 28, 1934 5 use 673c. (48 Stat. 509, 622), as amended, is hereby amended to read as follows: '•'•Provided^ That the regular hours of labor are hereby established at not more than eight per day or forty per week, but work in excess of such hours shall be permitted when administratively determined to be in the public interest: Provided further^ That overtime work in excess of eight hours per day or in excess of forty hours per week shall be compensated for at not less than time and one-half the basic rate of compensation, except that employees subject to this section who are regularly required to remain at or within the confines of their post of duty in excess of eight hours per day in a standby or on-call status shall be paid overtime rates only for hours of duty, exclusive of eating and sleeping time, in excess of forty per week." 62 Stat. 942. SEC. 202. (a) Sectiou 1499 of title 28, United States Code, is hereby amended to read as follows: "§1499. Liquidated damages withheld from contractors under Contract Work Hours Standards Act "The Court of Claims shall have jurisdiction to render judgment upon any claini for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Stand- Ant«, p. 358. ards Act." (b) The Court of Claims shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a con- tractor or subcontractor under section 324 of title 40, United States 37 Stat. 137; (^ode, in connection with any contract subject to said section existing 62 Stat. 989. on the effective date of this Act, or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act. '' Repeals. SEC. 203. The following statutes are hereby repealed: Sections 1 and 2 of the Act of August 1, 1892 (27 Stat. 340; 40 U.S.C. 321, 322), as amended by the Act of March 3,1913 (37 Stat. 726) ; sections 892 and 893 of the Act of March 3, 1901 (31 Stat. 1334; D.C. Code, 1961 edition, sees. 22-3407, 3408); the Act of June 19, 1912 (37 Stat. 137; 40 U.S.C. 324, 325), as amended by the Act of June 25,1948 (62 Stat. 989) ; that portion of the Naval Service Appropriation Act, 1918 (Act of March 4,1917,39 Stat. 1192), which is codified as section 326 of title 40 of the United States Code (1952 edition) ; and section 303 of the Second Supplemental Defense Appropriations Act, 1941 (54 Stat. 884; 40 U.S.C. 325a). The provisions of such statutes shall, notwith- standing, continue to apply with respect to contracts existing on the effective date of this Act or entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act. Effective date. SEC. 204. This Act shall take effect sixty days after its enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act. Approved August 13, 1962, 11:46 a.m.