C.F.R. » Title 29 » PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES

29 C.F.R. § 3.6

Payroll deductions permissible with the approval of the Secretary of Labor

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Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under § 3.5. The Secretary may grant permission whenever he finds that:

(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise;

(b) The deduction is not otherwise prohibited by law;

(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and

(d) The deduction serves the convenience and interest of the employee.

Notes of Decisions
Cited in 2 cases, 1994–2015 · leading case: Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015).
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Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015). · cites it 2× “29 C.F.R. § 3.6 . 9 Building Trades was decided by the Wage Appeal Board, which DOL replaced with the Administrative Review Board in 1996.”
Bldg. & Constr. Trades Dep't v. Reich, 40 F.3d 1275 (D.C. Cir. 1994). · cites it 3× “” 29 C.F.R. § 3.6 (a). The Administrator determined that while the JTP funds collected by the unions are not wage kickbacks prohibited by the Copeland Act, JTP deductions violate prevailing wage rate requirements of the Davis-Baeon Act and are not permissible under either…”
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