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40 U.S.C. § 3144 — Authority to pay wages and list contractors violating contracts

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 229 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Labor Secretary must pay unpaid covered wages from money withheld under a contract. Workers may sue when that money is insufficient, and listed violators cannot receive federal contracts for three years.

(a)(1) The Labor Secretary must directly pay laborers and mechanics wages found due under this subchapter from contract payments withheld for that purpose. (2) If those payments do not cover all required unpaid wages, the workers have the same right to sue and intervene against the contractor and sureties as people who supplied labor or materials. It is not a defense that workers accepted or agreed to accept less or voluntarily refunded money. (b)(1) The Comptroller General must give every federal department a list of people found to have disregarded obligations to employees and subcontractors. (2) No contract may go to a listed person or an entity in which that person has an interest until 3 years after publication.

the actual law source: uscode.house.gov ↗public domain
(a)Payment of Wages.—
(1)In general.—

The Secretary of Labor shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter.

(2)Right of action.—

If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor’s sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.

(b)List of Contractors Violating Contracts.—
(1)In general.—

The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors.

(2)Restriction on awarding contracts.—

No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, § 2(a), Nov. 21, 2013, 127 Stat. 578.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1152
  • 2013Amended · Pub. L. 113-50 · 127 Stat. 578

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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