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U.S.Department of Homeland Security <br /> Headquarters <br /> 500CStSW <br /> Washington,D.C-20042 <br /> „rn■ry, <br /> h;;i <br /> = . FEMA <br /> agreement programs that involve the employment of mechanics or laborers. <br /> It is applicable to construction work. These requirements do not apply to the <br /> purchase of supplies or materials or articles ordinarily available on the open <br /> market, or contracts for transportation or transmission of intelligence. <br /> c The regulation at 29 C.F.R. § 5.5(b) provides contract clause language <br /> concerning compliance with the Contract Work Hours and Safety Standards <br /> 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 any <br /> violation of the clause set forth in paragraph (b)(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 (b)(1) of this section, in the sum of <br /> $27 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 (b)(1) of this <br /> section. <br /> (3) Withholding for unpaid wages and liquidated damages. The City of Everett <br /> shall upon its own action or upon written request of an authorized <br /> representative of the Department of Labor withhold or cause to be withheld, <br /> from any moneys payable on account of work performed by the contractor or <br /> subcontractor under any such contract or any other Federal contract with the <br /> same prime contractor, or any other federally-assisted contract subject to the <br /> Contract Work Hours and Safety Standards Act, which is held by the same <br /> prime contractor, such sums as may be determined to be necessary to satisfy <br /> any liabilities of such contractor or subcontractor for unpaid wages and <br /> ®+'an n <br /> Page 8 of 19 www.fema.qov/procurement-disaster-assistance-team ^,, <br />