29 C.F.R. § 3.1

Purpose and scope

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This part prescribes “anti-kickback” regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 3145), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with federally assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 of 1950 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours and Safety Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.

[88 FR 57728, Aug. 23, 2023]

Notes of Decisions

Cited in 7 cases, 1991–2017 · leading case: William J. Lang Land Clearing, Inc. v. Adm'r, Wage & Hour Div., 520 F. Supp. 2d 870 (E.D. Mich. 2007).

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William J. Lang Land Clearing, Inc. v. Adm'r, Wage & Hour Div., 520 F. Supp. 2d 870 (E.D. Mich. 2007). “” 29 C.F.R. § 3.1 (1999). The regulation expressly incorporates section 3(m) of the FLSA, and its interpreting regulations.”

Wyoming Dep't of Transp. v. Int'l Union of Operating Engineers Local Union 800, 908 P.2d 970 (Wyo. 1995). “§ 276c (1994) and 29 C.F.R. § 3.1 (1995). 3 . Also see Wyoming's Prevailing Wage Rate Act, Wyo.”

Bldg. & Constr. Trades Dep't v. Reich, 40 F.3d 1275 (D.C. Cir. 1994). “See 29 C.F.R. § 3.1 (1994). Section 3.5 provides that certain enumerated deductions may be made without application to and approval of Labor.”

Kelso v. Kirk Bros. Mech. Contractors, 16 F.3d 1173 (Fed. Cir. 1994). “§ 276c (1988) (Copeland Anti-Kickback Act) and its implementing regulation 29 C.F.R. §§ 3.1 -.11 (1993). Kirk did maintain its daily reports of the inspector (DRIs).”

Int'l Bhd. of Elec. Workers, Local 357 v. Brock, 68 F.3d 1194 (9th Cir. 1995). “” 29 C.F.R. § 3.1 . These regulations allow certain deductions to be made from the wages of an employee.”

Hopkins v. United States Dep't of Hous. & Urban Dev., 929 F.2d 81 (2d Cir. 1991). “§ 276c (1988); 29 C.F.R. § 3.1 et seq. (1990). Such statements, referred to as “payroll records,” contain detailed information regarding each employee working on a particular project, including the employee’s name, address, social security number, job classification, hourly rate…”

Star Operations, Inc. & Great Am. Ins. Co. of New York v. Dig Tech, Inc. (Tex. App. 2017). “116 (b) (subcontractor and contractor responsibilities related to federally funded highway projects); 29 C.F.R. §§ 3.1 -.11 (wage regulations for contractors and subcontractors on public building or work financed with federal funds).”

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