
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC328]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
          CHAPTER 5--HOURS OF LABOR AND SAFETY ON PUBLIC WORKS
 
         SUBCHAPTER II--CONTRACT WORK HOURS AND SAFETY STANDARDS
 
Sec. 328. Forty hour week; overtime compensation; contractual 
        conditions; liability of employers for violation; withholding 
        funds to satisfy liabilities of employers
        
    (a) Notwithstanding any other provision of law, the wages of every 
laborer and mechanic employed by any contractor or subcontractor in his 
performance of work on any contract of the character specified in 
section 329 of this title shall be computed on the basis of a standard 
workweek of forty hours, and work in excess of such standard workweek 
shall be permitted subject to 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 forty 
hours in the workweek.
    (b) The following provisions shall be a condition of every contract 
of the character specified in section 329 of this title and of any 
obligation of the United States, any territory, or the District of 
Columbia in connection 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 
forty hours in such workweek except in accordance with the provisions of 
this subchapter; and
    (2) In the event of violation of the provisions of paragraph (1), 
the contractor and any subcontractor responsible therefor shall be 
liable to such affected employee for his unpaid wages and shall, in 
addition, be liable to the United States (or, in the case of work 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 liquidated damages shall be computed, with respect to each 
individual employed as a laborer or mechanic in violation of any 
provision of this subchapter, in the sum of $10 for each calendar day on 
which such individual was required or permitted to work in excess of the 
standard workweek of forty hours without payment of the overtime wages 
required by this subchapter. 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 330 of this title, 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 such contractor or subcontractor for unpaid wages and 
liquidated damages as herein provided.

(Pub. L. 87-581, title I, Sec. 102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 
99-145, title XII, Sec. 1241(a), Nov. 8, 1985, 99 Stat. 734.)


                               Amendments

    1985--Subsec. (a). Pub. L. 99-145, Sec. 1241(a)(1), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: 
``Notwithstanding any other provision of law, the wages of every laborer 
and mechanic employed by any contractor or subcontractor in his 
performance of work on any contract of the character specified in 
section 329 of this title 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 permitted 
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 forty hours in the 
workweek, as the case may be.''
    Subsec. (b)(1). Pub. L. 99-145, Sec. 1241(a)(2)(A), struck out 
``eight hours in any calendar day or in excess of'' before ``forty hours 
in such workweek''.
    Subsec. (b)(2). Pub. L. 99-145, Sec. 1241(a)(2)(B), struck out 
``eight hours or in excess of'' before ``the standard workweek''.


                    Effective Date of 1985 Amendment

    Amendment by Pub. L. 99-145 effective Jan. 1, 1986, see section 
1241(c) of Pub. L. 99-145, set out as a note under section 35 of Title 
41, Public Contracts.

                  Section Referred to in Other Sections

    This section is referred to in section 329 of this title.
